Would you like to be alerted of new articles on De Minimis? Check out LawKT Premium. Law Firm Publications on De Minimis [See Also: News Articles] Last update: Mar 19, 2007 Poyner and Spruill: Section 409A Compliance: Employment Agreements and Sepa...  Dec 12, 2005 Section 409A Compliance: SERPS and Other Nonqualified Defined Benefit Plans Print this Page Section 409A Compliance: Employment Agreements and Separation Pay Arrangements (December 12, 2005) Overview Separation Pay Arrangements Employment Agreements Traps for the Unwary Future Alerts On September 29, 2005, the Treasury Department and IRS issued long-awaited proposed regulations regarding deferred compensation agreements under Section 409A of the Internal Revenue Code. Overview Section 409A will Goodwin Procter: Financial Services Alert  Nov 22, 2005 In this issue: Developments of Note 1. Federal Banking Agencies Testify on New Capital Rules 3 Greenberg Traurig: An Employer Must Compensate Employees For Time Spent Do...  Nov 01, 2005 On November 8, 2005, the United States Supreme Court issued a unanimous decision in two consolidated cases, IBP v. Alvarez and Tum v. Barber Foods, 543 U.S. ____, ___ S.Ct. 03-1238 and 04-66, holding that the time employees spend walking between required protective gear changing areas and production areas and time spent waiting to remove that gear at the end of the workday is compensable under the Fair Labor Standards Act of 1938 (“FLSA”), as amended by the Portal-to-Portal Act of 1947, but that Greenberg Traurig: European Competition Law: A High Level Review of Issues...  Jun 01, 2005 In order to be effective, competition assumes that the market is made up of suppliers who are independent of each other, each subject to the competitive pressure exerted by the others. These include, for example, price-fixing agreements and cartels between competitors Ballard Spahr: Download a PDF version of this newsletter  May 03, 2005 VOL. CLXXX ­ NO. 4 ­ INDEX 289 APRIL 25, 2005 ESTABLISHED 1878. COMPLEX LITIGATION Ending the Confusion Over Trademark Confusion Seyfarth Shaw: Job Law Provides Relief to REITs  Apr 11, 2005 Goodwin Procter: Allocating Hazardous Cleanup Costs at Waste Sites  Mar 15, 2005 As the available state and federal funding for site cleanup has diminished, pressure has increased for PRP-funded cleanups. Costly and protracted litigation to determine cost shares is an increasingly unattractive option and provides a strongincentivefordevisingafair,understandable, and efficient privately administered approach to allocating costs among PRPs Seyfarth Shaw: Intellectual Property Report  Feb 01, 2005 Seyfarth Shaw: IRS Guidance for Deferred Compensation Plans - Stage 1  Jan 06, 2005 Gibson Dunn: U.S. Department of Commerce Bureau of Industry and Secu...  Dec 10, 2004 Gibson Dunn - Publication Detail - U.S. Department of Commerce Bureau of Industry and Security Issues Final Rule Revising its Export Controls on Encryption Technology (Publication) Attorneys & ProfessionalsEntire Site Related Practice Groups International Trade and Customs See more International Trade and Customs Publications U.S. Department of Commerce Bureau of Industry and Security Issues Final Rule Revising its Export Controls on Encryption Technology December 10, 2004 On Thursday, December Goodwin Procter: Financial Services Alert -- Special Alert  Dec 10, 2004 December 10, 2004 Vol. 8 No. 16S. (the "Amendments") under the Investment Advisers Act of 1940, as amended (the "Advisers Act") designed to require "hedge fund" advisers to register under the Advisers Act Morrison & Foerster: The Impact of the American Jobs Creation Act of 2004 on...  Oct 27, 2004 Morrison ter - Legal Update - The Impact of the American Jobs Creation Act of 2004 on RICs and REITs Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. October 2004 The Impact of the American Jobs Creation Act of 2004 on RICs and REITs By Stephen L. Feldman, Raj Tanden, Joy S. MacIntyre, Josephine C. Choy On Friday, October 22, 2004, the Jones Day: American Jobs Creation Act of 2004 changes the tax rule...  Oct 14, 2004 Jones Day - Publications - American Jobs Creation Act of 2004 changes the tax rules applicable to nonqualified deferred compensation plans function setLanguage(theform,section,page){ lang = theform. href = "/about/about.asp?language=" + lang ; } Select a Language DeutschEnglishEspañolFrançaisItaliano日本語简体中文ç¹?體中文 Publications Search Email A Friend Related Areas of Practice Employee Benefits If you would like to receive a publication, please fill out our Publication Request Miller & Chevalier: International Alert - Commerce Department Assumes Juris...  Jul 30, 2004 Washington Lawyers, Worldwide Perspective. July 30, 2004 COMMERCE DEPARTMENT ASSUMES JURISDICTION OVER EXPORTS AND REEXPORTS TO IRAQ Debevoise: New SEC Rules Require Disclosure of Many Benefit Plan T...  Jul 23, 2004 Debevoise | Publications function openPrint() { window. open('/publications/pubsdetail Miller & Chevalier: Recent Developments in Capitalization and Depreciation  Jul 01, 2004 Miller & Chevalier: Recent Developments in Capitalization  Apr 20, 2004 Bell: SEC Proposes New Rule Regarding Mandatory 2% Redemption...  Mar 01, 2004 Bell, Boyd, & Lloyd --SEC Proposes New Rule Regarding Mandatory Client Alert Investment Management March 17, 2004 SEC Proposes New Rule Regarding Mandatory 2% Redemption Fees The Securities and Exchange Commission (the “SEC”) recently proposed Rule 22c-2 under the Investment Company Act of 1940 to require mutual funds (with certain limited exceptions) to impose a 2% fee on the redemption of shares purchased within the previous five business days. The redemption fee would be required to be paid Lowenstein Sandler: Rule 2790 Dealing with New Issues: Deadline for Complia...  Mar 01, 2004 March 2004 Rule 2790 Dealing with New Issues: Deadline for Compliance is March 23, 2004. n December 18, 2003, the National Association of Securities Dealers, Inc. (the "NASD") issued a Notice to Members adopting Rule 2790 (the "Rule"), which deals with the sale and purchase of new issues ­ initial public offerings of equity securities Gibbons: Stormwater Management Regulations  Jan 20, 2004 These Regulations not only provide a more restrictive framework within which to design stormwater management systems for proposed development, but also contain the much talked-about 300' buffer requirement from "Category One" streams. Moreover, the process of designating Category One streams is ongoing and fluid - no pun intended - and we understand that Category One stream designations may almost triple, from 6,000 miles to 16,000 miles Gibbons: In-Sites  Jan 20, 2004 These Regulations not only provide a more restrictive framework within which to design stormwater management systems for proposed development, but also contain the much talked-about 300' buffer requirement from "Category One" streams. Moreover, the process of designating Category One streams is ongoing and fluid - no pun intended - and we understand that Category One stream designations may almost triple, from 6,000 miles to 16,000 miles Pepper Hamilton: New NASD Rule Changes How IPOs Can Be Sold    Jan 08, 2004 Law Firm of Pepper Hamilton LLP | Publications @import "style.css"; -- Register/Login Publications A Publication of Pepper Hamilton LLP Investment Management Update New NASD Rule Changes How IPOs Can Be Sold January 2004 New Developments Affecting Registered Funds, Hedge Funds and Investment Advisers On October 24, 2003, the Securities and Exchange Commission (SEC) approved the National Association of Securities Dealers (NASD) new Rule 2790, which restricts the purchase and sale of initial Bell: NASD Adopts New Issue Rules  Jan 01, 2004 A “restricted person” includes most associated persons of an NASD member and most owners and affiliates of a broker-dealer, as well as certain other persons. The new rule incorporates a number of significant changes from the Interpretation, including the following: Rule 2790 does not require that the IPO be a “hot issue” (meaning one that trades in the aftermarket at a premium to its offering price) and, instead, applies to “new issues” more generally; The term “restricted person” is defined Dorsey & Whitney: SEC Approves NASD Changes to Restrictions on New Issue ...  Nov 24, 2003 ...idname+'='+P_Value+'+P_Name),'detail','width=400,height=390,scrollbars,menubar=yes'); } function print(myString, idname, id){ window. write (''); } //-- ALL SERVICESPRACTICE AREASINDUSTRIESINTERNATIONAL PRACTICESCLIENT SUCCESSESSEARCHALL BIOSSEARCHALL PUBLICATIONSSEMINARSSEARCHRECENT NEWSPRESS ROOMCAREERS AT DORSEYATTORNEYS AND LAW STUDENTSADMINISTRATIVE AND OTHER PROFESSIONALSALL OFFICESCONTACT USABOUT THE FIRMPRO BONOCOMMUNITYFAST FACTSblnIsHome=false; SEC Approves NASD Changes to Restrictions Jenkens & Gilchrist: Issue:9/16/03  Sep 16, 2003 By Darren Alch A federal judge refused to dismiss the whistle-blower case against Pfizer subsidiary Parke-Davis, leaving the issue of whether off-label uses of drugs are reimbursable under Medicaid unsettled. Judge Saris of the U.S. District Court in Massachusetts denied a Parke-Davis request to throw out the whistle-blower case, which alleges the company promoted off-label use of Neurontin, leading to the filing of Medicaid reimbursement claims for off-label prescriptions Foley Lardner: Federal Circuit Reins In Free Use of Patented Research ...  Jul 21, 2003 ABOUT US Community Service Diversity Technology Management Offices Accolades Feature Stories OUR SERVICES Legal Practices Airport Services Antitrust Appellate Biotechnology aceutical Brownfields Use Business Reorganizations Chemical aceutical Commercial Transactions ess Counseling Construction Consumer trial Products Corporate Governance Services Distribution hise E-Business mation Technology Electronics Emerging Companies/Venture Capital Employee Benefits Energy Regulation Environmental Kilpatrick Stockton: SEC Issues Final Rules On Auditor Independence  Mar 05, 2003 Section 201 of the Act sets forth several prohibitions to sustaining an auditor’s independence, and the Act directed the SEC to issue rules to implement these and other aspects of its independence initiatives. Rules promulgated under the Act include a de minimis exception to the pre-approval requirements for non-audit services Kilpatrick Stockton: SEC Issues Final Rules On Auditor Independence  Mar 05, 2003 Section 201 of the Act sets forth several prohibitions to sustaining an auditor’s independence, and the Act directed the SEC to issue rules to implement these and other aspects of its independence initiatives. Rules promulgated under the Act include a de minimis exception to the pre-approval requirements for non-audit services Gray Cary: SEC Adopts Auditor Independence and Disclosure Rules  Feb 21, 2003 The final rules expand upon the existing auditor independence requirements contained in Regulation S-X and require additional disclosure to investors about the services provided by, and the fees paid to, the issuer s auditors. The final rules: set forth the types of non-audit services that, if provided by an accounting firm, will impair its independence; require the issuer s audit committee to pre-approve all services (both audit and permissible non-audit services) performed by the issuer s McDermott: Proposed FDA Regulations Require Prior Notice of Import...  Feb 13, 2003 McDermott - Newsletters - Proposed FDA Regulations Require Prior Notice of Imports, Registration of U.S. and International Food and Beverage Facilities if (document. selectedIndex=0; } Please select a language: English Italian German PUBLICATIONS NEWSLETTERS PROPOSED FDA REGULATIONS REQUIRE PRIOR NOTICE OF IMPORTS, REGISTRATION OF U.S. AND INTERNATIONAL FOOD AND BEVERAGE FACILITIES February 13, 2003 On February 3, 2003, the U.S. Food and Drug Administration (FDA) proposed regulations McDermott: Proposed FDA Regulations Require Prior Notice of Import...  Feb 13, 2003 McDermott - Newsletters - Proposed FDA Regulations Require Prior Notice of Imports, Registration of U.S. and International Food and Beverage Facilities if (document. selectedIndex=0; } Please select a language: English Italian German PUBLICATIONS NEWSLETTERS PROPOSED FDA REGULATIONS REQUIRE PRIOR NOTICE OF IMPORTS, REGISTRATION OF U.S. AND INTERNATIONAL FOOD AND BEVERAGE FACILITIES February 13, 2003 On February 3, 2003, the U.S. Food and Drug Administration (FDA) proposed regulations Goodwin Procter: Financial Services Alert  Feb 11, 2003 SEC Finalizes Rules Concerning Bank "Dealer" Exemption The SEC finalized two rule amendments and a new rule (collectively, the "Dealer Rules") under the. Securities Exchange Act of 1934 ("Exchange Act") that address bank exemptions from "dealer" registration under the Gramm-Leach-Bliley Act of 1999 (the "GLBA") Dorsey & Whitney: Sarbanes-Oxley Update: SEC Adopts Final Rules Regarding...  Feb 10, 2003 Dorsey ey LLP: Publications: Legal Updates: Sarbanes-Oxley Update: SEC Adopts Final Rules Regarding Auditor Independence function pop_up(myString,idname, P_Value,P_Name){ window. idname+'='+P_Value+'+P_Name),'detail','width=400,height=390,scrollbars,menubar=yes'); } function print(myString, idname, id){ window Hogan & Hartson: "Benefits of Duty Suspension Legislation."  Feb 01, 2003 Clients have saved considerably on customs duty payments through duty suspension legislation. Any company that relies on imported merchandise in its business may wish to consider the option of duty suspension legislation Hughes Hubbard: Final Auditor Independence Rules  Feb 01, 2003 SEC Adopts Sarbanes-Oxley Rules: Auditor Independence As required by the Sarbanes-Oxley Act, the Securities and Exchange Commission has adopted rules that amend its existing requirements regarding the independence of auditors. Prohibited Non-Audit Services Under Sarbanes-Oxley and the new rules, it will be unlawful for a registered public accounting firm that performs an audit of an issuer's financial statements (and any person associated with such a firm) to provide to that issuer at any point Latham & Watkins: Treasury Proposes New Regulations for Capitalization of...  Jan 15, 2003 Latham ns Tax Department. On December 18, the Treasury Department issued proposed regulations addressing the treatment of costs incurred in connection with intangible assets and with certain corporate transactions Sutherland Asbill & Brennan: Legal Alert: The SEC Proposes Auditor Independence and ...  Jan 13, 2003 Legal Alert: The SEC Proposes Auditor Independence and Related-Disclosure Rules. January 13, 2003 I. Executive Summary On December 2, 2002, the SEC proposed rules to implement Section 208(a) of the Sarbanes-Oxley Act of 2002 (the "Sarbanes-Oxley Act") Latham & Watkins: OIG Clarifies Rule on Free Local Transportation; Solici...  Jan 13, 2003 "The OIG's letter on transportation permits many existing hospitalbased complimentary transportation programs to continue uninterrupted, ensuring continuity of care for their patients, until the OIG defines its position on free transportation.OIG Clarifies Rule on Free Local Transportation; Solicits Comments on New CMP Exceptions/AKB Safe HarborsOn December 10, the Office of Inspector General (OIG) of the U.S. Department of Health and Human Services suspended enforcement of the federal Weil: SEC Adopts Final Rules Requiring MD&A Disclosures A...  Jan 01, 2003 Replace Font Tag Sarbanes-Oxley Materials SEC Adopts Final Rules Requiring MD&A Disclosures About Off-Balance Sheet Arrangements and Aggregate Contractual Obligations, and Prescribing Auditor Independence January 2003 Download Memo On January 22, 2003, the SEC voted to adopt another series of rules implementing various provisions of the Sarbanes-Oxley Act of 2002 ( SOXA ). This latest series of rules will require U.S. and non-U.S. companies filing SEC reports to: provide disclosures in the MD&A Weil: SEC Adopts Final Rules Requiring MD&A Disclosures A...  Jan 01, 2003 Replace Font Tag Sarbanes-Oxley Materials SEC Adopts Final Rules Requiring MD&A Disclosures About Off-Balance Sheet Arrangements and Aggregate Contractual Obligations, and Prescribing Auditor Independence January 2003 Download Memo On January 22, 2003, the SEC voted to adopt another series of rules implementing various provisions of the Sarbanes-Oxley Act of 2002 ( SOXA ). This latest series of rules will require U.S. and non-U.S. companies filing SEC reports to: provide disclosures in the MD&A Paul Weiss: Satisfying the Jurisdictional Element of a Hobbs Act Vi...  Dec 16, 2002 ...com/ny MONDAY, DECEMBER 16, 2002. N THIS month's column, we discuss two significant decisions handed down earlier this month by the United States Court of Ap McDermott: VAT AND E-COMMERCE DIRECTIVE  Dec 16, 2002 This legislation will have a major impact on non-European Union suppliers of broadcasting and electronic services who supply such services to EU-based customers, forcing suppliers to levy up to 25 per cent VAT on sales which imposes a significant administrative burden. The affected businesses will include the following: Internet service providers Providers of online content services and databases Sellers of online software applications and upgrades Suppliers of websites and web hosting McDermott: VAT AND E-COMMERCE DIRECTIVE  Dec 16, 2002 This legislation will have a major impact on non-European Union suppliers of broadcasting and electronic services who supply such services to EU-based customers, forcing suppliers to levy up to 25 per cent VAT on sales which imposes a significant administrative burden. The affected businesses will include the following: Internet service providers Providers of online content services and databases Sellers of online software applications and upgrades Suppliers of websites and web hosting Morrison: Insurance Newsletter - 11/22/02  Nov 20, 2002 ...xsp; Admiralty e Appellate Aviation Commercial Litigation Construction Law OSHA Response Practice Group Corporations ing Businesses Employment Liability Environmental and Toxic Torts Estate Planning / Elder Law Family Law Probate and Trust Litigation Insurance Law Arson Coverage Insurance Agency Mergers sitions Insurance Agents Errors and Omissions Insurance Regulatory Matters (Agencies and Companies) Subrogation Medical Professional Liability Product Liability Professional Liability Real Estate Akerman Senterfitt: 11/13/02 - The Legal Pitfalls of Medical Office Buildin...  Nov 13, 2002 THE LEGAL PITFALLS OF MEDICAL OFFICE BUILDING DEVELOPMENT/LEASING. b. Community Benefit/Need Any private benefit to an individual must be qualitatively/quantitatively incidental Morrison & Foerster: California Court of Appeal Rules on Validity of Califor...  Nov 12, 2002 Morrison ter - Legal Update - California Court of Appeal Rules on Validity of California Environmental Quality Act Guidelines Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. November 2002 California Court of Appeal Rules on Validity of California Environmental Quality Act Guidelines By Michael H. Zischke, Alicia Guerra A California Court of Drinker Biddle & Reath: MFA Reporter: SEC to Investigate Hedge Funds  Sep 26, 2002 Responding to what Chairman Pitt termed a "seismic boom" in the industry, he noted that the SEC's goal is to determine whether the current lack of regulation is serving the public interest. Chairman Pitt highlighted three areas that the SEC's investigation will focus on: incidents of fraud, conflicts associated with managing hedge funds alongside mutual funds, and marketing hedge funds Ropes & Gray: Important Developments Affecting Audit Committees of Na...  Aug 19, 2002 Ropes & Gray: Important Developments Affecting Audit Committees of Na...  Aug 19, 2002 IMPORTANT DEVELOPMENTS AFFECTING AUDIT COMMITTEES (NASDAQ-LISTED COMPANIES) The Sarbanes-Oxley Act of 2002 imposes new requirements on public company audit committees. Compliance will be required no later than April 26, 2003, after which time the Nasdaq Stock Market will be required to delist any non-compliant company Morrison & Foerster: Sarbanes-Oxley Act of 2002: New Section 16 Reporting Re...  Aug 16, 2002 Morrison ter - Legal Update - Sarbanes-Oxley Act of 2002: New Section 16 Reporting Requirements for Insiders Any of the attorneys in our Corporate Department can assist you in reviewing your procedures and establishing a program that will be effective in meeting these new requirements. Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations Manatt: TaxLaw@manatt  Aug 01, 2002 1320 Donald W. Meaders 310. 4212 Federal, State & Local Taxation, Subchapter C & S, Partnerships, LLCs, M & A, Tax-Exempt Entities Donald J. Fitzgerald 650 Goodwin Procter: Circuit Grapples With “Honest Services” Fra...  Jul 08, 2002 Instead of a summons and complaint, the client is arrested on an indictment brought by federal prosecutors who accuse her of mail and wire fraud for breaching the honest services she owed under the contract. The specter of this scenario -- the federal criminalization of contract breaches -- recently prompted the U.S. Court of Appeals for the Second Circuit, in United States v. Handakas, 286 F.3d 92 (2d Cir Akerman Senterfitt: Health Law Update - Summer 2002  Jul 01, 2002 This plan applies to births that occurred on or after January 1, 1989, and provides benefits to the parents of an infant who suffers a birth-related neurological injury and requires continual, life-long custodial care and rehabilitation during their lifetime. It was the intent of the legislature to provide compensation, on a no-fault basis, for a limited class of catastrophic injuries that result in unusually high costs for custodial care and rehabilitation, and therefore applies only to Bryan Cave: BIS Publishes Revised Encryption Controls (No. 200)  Jun 07, 2002 The Bureau of Industry and Security (BIS) has published an extensive amendment of the export controls applicable to encryption commodities and software to reflect changes in the treatment of such items under the Wassenaar Arrangement and to clarify provisions of the Export Administration Regulations (EAR) pertaining to encryption. Equipment classified as 5B002 is now eligible to use license exception ENC. · For "retail" encryption items of U.S. origin not qualifying for mass-market treatment, Miller & Chevalier: International Alert - BIS Further Liberalizes Encryptio...  Jun 06, 2002 Today, the Commerce Department's Bureau of Industry and Security ("BIS") (formerly Bureau of Export Administration) issued new encryption export control regulations, implementing U.S. commitments under the Wassenaar Agreement. Most notably, BIS has amended the Export Administration Regulations ("EAR") to allow U.S. companies to export mass market encryption products of any strength to government and non-government end users virtually worldwide 30 days after submission of a technical review Greenberg Traurig: Reporting Requirements for Lead and Lead Compounds  Jun 01, 2002 1 To reduce such risk, the rule lowers the Toxics Release Inventory ("TRI") reporting thresholds for lead and lead compounds to 100 pounds under Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 ("EPCRA"). Under the rule, all facilities that "manufacture, process, or otherwise use" more than 100 pounds of lead or lead compounds must submit a TRI Form R describing their environmental releases and waste management quantities of lead and lead compounds on an annual basis Chapman and Cutler: June 2002  Jun 01, 2002 The SEC will likely act quickly to approve the changes once submitted, mindful of the need for rapid and significant action to ease the concerns of a skittish investing public whose trust in corporations and executive leadership has dramatically eroded in the last year. Boards must consist of a majority of independent directors Allens Arthur Robinson: Focus: Mergers & Acquisitions  May 31, 2002 Tax relief for demergers Latest developments in consolidation Tax relief for demergers In brief: AAR Partner Martin Fry reports on the recently announced tax relief provisions for demerged entities, beginning at the start of the new financial year. The Federal Government has announced that tax relief will apply to company demergers, or 'spin-offs', from 1 July 2002 Allen & Overy: SEC Post-Enron Proposed Disclosure Reforms - May 2002  May 01, 2002 Copies of the Releases can be downloaded from www. For the accelerated filers, the new deadlines would be Kirkpatrick & Lockhart: New SEC Rules-The Deluge Begins  Apr 01, 2002 New SEC Rules--The Deluge Begins. Under the first proposal, starting next year most companies will have to file their Form 10Qs within 30 days after the end of each quarter (instead of 45 days) and to file their Form 10Ks within 60 days after the end of the fiscal year (instead of 90 days) Reinhart Boerner Van Deuren: An Overview Of OSHA  Mar 22, 2002 This e-newsletter is designed to provide you with timely updates and information to assist you in managing worker health and safety issues. The purpose of this first issue is to provide you with a general overview of OSHA. Subsequent issues of this e-newsletter will provide you with useful, practical information regarding new or pending OSHA regulations and "hot topics" (familiar but important OSHA issues) Chapman and Cutler: March 2002  Mar 01, 2002 Tax advice requires a detailed analysis of the particular facts of each situation and transaction. Accordingly, the items contained herein are not intended as legal advice and readers should contact an attorney with regard to any specific questions raised by the items in this issue Strasburger: Don't Let Patriotism Lead to Liability  Mar 01, 2002 The World Trade Center and Pentagon attacks have in some cases led to retaliation against and harassment of minority ethnic and religious groups, such as Arab Americans and American Muslims. Many of those engaged in the retaliation and harassment have done so under the guise of patriotism Allens Arthur Robinson: GST: Have you reached your threshold?  Feb 15, 2002 ...- February 2002 In brief: Special Counsel Errol la Grange explains why many businesses that currently consider themselves to be well under the financial acquisitions threshold find themselves foul of the GST legislation. Assume that of all the acquisitions made by a registered entity over a period of a year, the vast majority are wholly for a creditable purpose Ballard Spahr: Download a PDF version of this newsletter  Feb 01, 2002 A World Restored: IRS Detonates Its Loss Disallowance Rule On January 31, the IRS issued Notice 2002-11, 2002-7 I.R.B. 1, abruptly terminating a decade-old rule denying many corporate taxpayers deductible losses for sales of stock of their domestic subsidiaries. Subject to statute of limitations considerations, corporate taxpayers who sold subsidiary stock after January 31, 1991, may be entitled to substantial refunds as a consequence of the IRS decision Piper Rudnick: Environmental Alert--CERCLA Amendments Enacted to Promo...  Jan 25, 2002 Arent Fox: Brownfields and Small Business Superfund Amendments: Im...  Jan 11, 2002 The "Small Business Liability Relief and Brownfields Revitalization Act," H.R. 2869, passed by the House of Representatives on Wednesday, December 19, 2001, and by the Senate on Thursday, December 20, 2001 (the "2001 CERCLA Amendments"), is the most wide-reaching and comprehensive package of CERCLA amendments since the Superfund Amendments and Reauthorization Act ("SARA") of 1986. In spite of the potentially limited scope suggested by its name, however, the 2001 CERCLA Amendments make a number Davis Graham & Stubbs: Evidence of Historic Releases at Oil & Gas Sites: How M...  Jan 01, 2002 This article originally appeared in Davis Graham s' Environmental Practice Group Newsletter Q1 2002 Evidence of Historic Releases at Oil ites: How Much is Enough. In 2001, however, two different federal appellate courts placed important limits on claims where surface owners sought recovery against current producers based on historic oil production practices Shearman & Sterling: Summary of Reforms Proposed in the Green Paper *  Jan 01, 2002 In the Green Paper on Review of the Merger Regulation, the Commission identifies a number issues for discussion, explores the merits and pitfalls of the current rules and practices and various options for amendment, and invites comments (to be submitted not later than 31st March 2002). Issues are addressed under three headings: (1) jurisdictional; (2) substantive; and (3) procedural and the main points are summarised below King & Spalding: Client Alert: IRS Notice 2001-82 Updates a Safe Harbor ...  Dec 20, 2001 ...xnt Version | Search | Site Map | Disclaimer Our Firm Practices Attorneys Recruiting Diversity Training Library Community Service Contact Us Kcles Search Internet Resources Client Alert Date: December 21, 2001 IRS Notice 2001-82 Updates a Safe Harbor Addressing the Federal Income Taxation of Interconnection Facilities Transferred to Electric Utilities In Notice 2001-82, the IRS expands the safe harbor under which qualifying transfers of electric interconnection facilities, including system or Lowenstein Sandler: "Venture Capital in Focus: Down-Round Financing&qu...  Sep 01, 2001 Although not catastrophic by itself, if investors obtained down-round anti-dilution protection (particularly full-ratchet) in earlier rounds of financing, the lower valuations could be extremely dilutive to management and other shareholders of the company (since most venture capitalists usually demand convertible preferred stock, for purposes of this article, it is assumed that management. and founders hold common stock and that the investors hold convertible preferred stock) Hodgson Russ: Creative Benefits  Jul 23, 2001 This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. by Dianne Bennett From hammocks in quiet rooms (People Support) to paid dry cleaning, safe deposit boxes First Union) to car seats for new parents (Allstate), bring your parents to work day (e-services company Organic) to pet health insurance (1% of companies Morrison & Foerster: European Law Bulletin -- July 2001  Jul 17, 2001 Morrison ter - Bulletin - EUROPEAN LAW BULLETIN EUROPEAN LAW BULLETIN Morrison ter's European Law PracticeAttorneys in our London and Brussels offices represent a wide range of clients, from emerging companies to the largest multinational enterprises, on all aspects of their activities in Europe. CompetitionDe MinimisThe European Commission recently published a new draft Notice on Agreements of Minor Importance which do not Appreciably Restrict Competition under Article 81(1) EC (the "Draft De Allen & Overy: Changes to the Listing Rules - July 2001  Jul 01, 2001 The changes, which have immediate effect, are designed to incorporate developments in market practice and clarify the existing rules. Copies of amended, blacklined pages of the Listing Rules can be downloaded from http://www Hayboo: CLIENT ALERT: Recent News from INS  Jun 01, 2001 ...visibility = "hidden"; window. The Act includes many provisions that affect employee benefits Venable: "The Lobbying Tax Law: Model Lobbying Tax Complian...  May 01, 2001 ...xable LLP Home Publications Articles Printer Friendly Version ARTICLES The Lobbying Tax Law: Model Lobbying Tax Compliance Guide for Assocation Employees By Jeffrey S. Tenenbaum May 1, 2001 What follows is a model lobbying tax compliance guide for employees of a trade or professional association. It is association employees, more than anyone else, who must have a full understanding of exactly what is and is not considered a lobbying activity under the law, in order to accurately track and record FROF: Affording Higher Education with QSTPs  Feb 05, 2001 Shearman & Sterling: IRS Issues Final OID Regulations on Reopenings of Debt ...  Jan 18, 2001 IRS Issues Final OID Regulations on Reopenings of Debt Instruments. At the end of 1999, the Internal Revenue Service ("IRS") issued proposed regulations addressing the federal income tax treatment of "reopenings" of issues of debt instruments (other than Treasury securities) under the original issue discount (OID) rules Allen & Overy: Proposed Changes to the Listing Rules - Jan 2001  Jan 01, 2001 The changes mainly result from the UKLAs annual review of the Listing Rules and are designed to incorporate developments in market practice and clarify the existing rules. However, the consultation also includes a draft policy setting out how the UKLA plans to exercise its new powers to impose sanctions for breach of the rules, once the Financial Services and Markets Act 2000 comes into force (which is not expected to be before July 2001) Lane Powell: Accommodating Religious Beliefs and Preventing Har  Oct 26, 2000 Title VII was amended in 1972 to also provide for an affirmative duty on the part of employers to accommodate the religious beliefs and practices of employees. The term "religion" includes all aspects of religious observance and practice, as well as belief, unless an employer demonstrates that he is unable to reasonably accommodate to an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business Miller & Chevalier: International Alert - Revised Export Regulations Libera...  Oct 20, 2000 M I L L E R V A L I E R WASHINGTON LAWYERS, WORLDWIDE PERSPECTIVE. Revised Export Regulations Liberalize Encryption Controls New Notification Process and De Minimis Review Created Bryan Cave: New Encryption Export Controls (No. 147)  Oct 20, 2000 Implementing a previously-announced White House intention to streamline encryption export controls (see International Regulatory Bulletin No. 136, July 21, 2000), the Commerce Department has amended the Export Administration Regulations ("EAR") to facilitate transfers of encryption items to the European Union and key U.S. trading partners. Numerous other amendments have also been made in an attempt to streamline and clarify various aspects of U.S. encryption export controls Testa: NASD Revises Hot Issues Proposal  Oct 01, 2000 TH&T | Publications | Article Search Results A:link {color:"#003399"; text-decoration: none; } A:visited {color:"#003399"; text-decoration: none } A:hover {color:"red"; background: "#FFFFCC";} 0t. Specifically, the re-proposed Rule 2790: • Applies only to IPOs, regardless of after-market performance (the original rule would have applied to all offerings, but only if the stock rose by 5% or more); • Narrows the ban on sales to fund managers so that it does not automatically preclude sales to the Stroock: Tax Treatment of Debt Securities Issued in a Reopening  Sep 01, 2000 Recently, corporate issuers such as Bank of America, Coca Cola, and General Electric, have "reopened" previously issued series of notes or other debt instruments, issuing additional securities with the same economic terms and CUSIP number as the original series. In addition, in a rising interest rate environment such as ours, securities issued in a reopening can be issued at a discount from their stated redemption price at maturity ­ i.e., with what normally would be original issue discount Crowell & Moring: EPA Guidance Documents For The TRI Program Are "Fi...  Aug 01, 2000 The DC Circuit held that the EPA interpretations challenged by Barrick Goldstrike Mines, Inc., were "final agency action" suitable for judicial review under the Administrative Procedure Act ("APA"), and that Barrick's challenges to the EPA interpretations presented legal issues which were ripe for judicial review. In the lower court proceeding, Barrick's complaint sought declaratory relief from three changes to the TRI program issued by EPA through various forms of "guidance" documents - Ballard Spahr: NRC Denies Petition Seeking to Limit Joint & Several Li...  Jul 01, 2000 The co-owners filing the petition were Atlantic City Electric Co., Austin Energy, Central Maine Power Co., Delmarva Power Co., South Mississippi Electric Power Association, and Washington Electric Cooperative, Inc. 64 Fed. In denying this PRM, the NRC has made important interpretations of the scope of its authority under the Atomic Energy Act of 1954, as amended, ("AEA"), and has reiterated the position that each co-licensee of a facility is responsible for its financial obligations for that Sidley Austin: Environmental Advisory - July 2000  Jul 01, 2000 CHICAGO Bank One Plaza 10 South Dearborn Street Chicago, Illinois 60603 DALLAS 717 N. Harwood Suite 3400 Dallas, Texas 75201 LOS ANGELES 555 West Fifth Street Los Angeles, California 90013 NEW YORK 875 Third Avenue New York, New York 10022 SEATTLE One Union Square 600 University St., Suite 1601 Seattle, Washington 98101 WASHINGTON 1722 Eye Street, N.W. Washington, D.C. 20006 HONG KONG Two Exchange Square Suite 3403-5 Central, Hong Kong LONDON 1 Threadneedle Street London EC2R 8AW England Weil: Use of Electronic Media in Retirement Plan Administrati...  Apr 01, 2000 The Final Regulations make clear that e-mail, internet or intranet websites, automated telephone response systems and telephone customer service representatives can, under appropriate circumstances, be acceptable methods of transmitting retirement plan information in lieu of written, paper documentation. Final Regulations The Final Regulations provide broad, flexible standards for the transmission of certain notices and consents required for distribution through various electronic media Akin Gump: Recent Rulings Affect Penalties  Jan 28, 2000 In the event that the case was pursued in the U.S. Court of International Trade, the court would typically be the final arbiter of all factual and legal issues and, based on its findings and conclusions, the issues of culpability and the penalty amount would be determined. Two cases handed down by the court in the final quarter of 1999 have the potential of dramatically changing the landscape of how Customs penalty cases will be resolved in the future Weil: Executory Contracts  Jan 01, 2000 Under section 365(f)(1), the rule of assumption and assignability applies despite any contrary provisions contained in the specific contract or applicable law, with one principal exception. Section 365(c)(1) prohibits assumption or assignment if applicable nonbankruptcy law would excuse the other party from accepting performance from someone other than the debtor Goodwin Procter: Financial Services Alert  Dec 14, 1999 Vol. 3 No. 16 December 14, 1999. Some issues of the Alert, such as this one, will principally summarize significant recent developments in financial services law and regulation Ober Kaler: Stark II: How HCFA's Proposed Regulations Affect I...  Dec 01, 1999 Weil: Delaware Court Criticizes But Does Not Enjoin "No ...  Nov 01, 1999 Replace Font Tag Business & Securities Litigator Delaware Court Criticizes But Does Not Enjoin "No Talk" And Termination Fee Provisions November 1999 By Stephen A. Radin The Delaware Court of Chancery in Phelps Dodge Corp. v. Cyprus Amax Minerals Co., No. 17398 (Del. Sept. 27, 1999), in a decision by Chancellor William B. Chandler III, denied a motion for a preliminary injunction seeking to enjoin a shareholder vote by shareholders of Cyprus Amax Mineral Company and Asarco Inc. on a merger Debevoise: SEC Proposes New Rules and Considers Issuance of Interp...  Oct 18, 1999 Debevoise | Publications function openPrint() { window. open('/publications/pubsdetail Weil: Impact of Postpetition Defaults On Debtor''s ...  Sep 01, 1999 Replace Font Tag Bankruptcy Bulletin Impact of Postpetition Defaults On Debtor's Entitlement to Exercise A Lease Renewal Option September 1999 By Allison R. Axenrod In a recent decision, Cannery Row Co. v. Leisure Corp. (In re Leisure Corp.), the Bankruptcy Appellate Panel of the Ninth Circuit concluded that a bankruptcy court is not compelled to allow a debtor to exercise a renewal option contained in a nonresidential real property lease when there is a postpetition default under the lease. Bell: SEC Proposal to Limit Political Contributions by Certai...  Sep 01, 1999 The SEC stated in its proposing release that it believes that pay to play practices undermine the merit-based selection process established by public pension plans, serve as a hidden tax on persons seeking to do business with governments, increase the cost of government services and may diminish the quality of services (i. In response to these concerns, the SEC proposed Rule 206(4)-5 under its authority to adopt rules reasonably designed to prevent acts, practices, and courses of business that Akin Gump: SEC Proposes New Rule to Curb "Pay To Play" P...  Aug 01, 1999 AUGUST 1999 SEC PROPOSES NEW RULE TO CURB "PAY TO PLAY" POLITICAL CONTRIBUTION PRACTICES BY REGISTERED AND UNREGISTERED INVESTMENT ADVISERS The Securities and Exchange Commission (SEC) has proposed the adoption of a new rule designed to curb "pay to practices by investment advisers. The term "pay to play" in this context refers to the practice of making political contributions to government officials with the expectation of influencing the award of investment advisory contracts to manage Miller & Chevalier: "Court Decision Strikes Blow to Encryption Export C...  May 21, 1999 Miller lier | Library | International Useful Resources International Court Decision Strikes Blow to Encryption Export Controls - Ruling in Bernstein Case Draws Difficult Constitutional Lines International Alert By Josephine Aiello LeBeau, William McGlone May 21, 1999 International Alert May 21, 1999 Court Decision Strikes Blow to Encryption Export Controls—Ruling in Bernstein Case Draws Difficult Constitutional Lines In a highly-publicized decision issued on May 6, the United States Court of Bryan Cave: New Commerce Regulations Expand Prohibitions on Exports...  May 04, 1999 New Commerce Regulations Expand Prohibitions on Exports and Reexports to Serbia The U.S. Commerce Department has issued new regulations imposing a license requirement for all exports and reexports to Serbia of items subject to the Export Administration Regulations ("EAR"). The new regulations expand upon the prohibitions contained in the Executive Order issued on May 1st (See International Regulatory Bulletin No. 73), because items "subject to" the EAR are not only those within the United States Bell: Amended NASD Rules Relating to Cash and Non-Cash Compen...  Feb 01, 1999 Amended NASD Rules Relating to Cash and Non-Cash Compensation THE AUTHORS.. Donald S. Weiss, a member of Bell, Boyd & Lloyd LLC in the firm's Corporate Department, has over 20 years experience in counseling participants in the financial services marketplace Goodwin Procter: Financial Services Alert  Dec 17, 1998 Some issues of the Alert, such as this one, will principally summarize significant recent developments in financial services law and regulation. Other issues will provide more indepth analysis about specific areas of financial services law Caplin & Drysdale: Navigating the Global Netting Rules: Uncertainties Abou...  Nov 01, 1998 In essence, the regulations provide detailed rules for classifying the transactions as sales or licenses of copyright rights, sales or leases of copyrighted articles or the provision of services for purposes of their tax treatment under the Internal Revenue Code and U.S. income tax treaties. The new rules apply to a variety of cross-border computer software transactions Shaw Pittman: Memorandum to Broadcast Clients  Sep 25, 1998 Memorandum - Broadcast - Broadcast Communications Practice Publication Publication:Memorandum - BroadcastBroadcast Articles: Date:09/25/98 Issue:BC No. 98-9 PDF File: Text: Public Inspection File and Main Studio Rule Changes Set to Become Effective on October 16 The changes made last month to the public inspection file and main studio rules are scheduled to take effect on October 16, 1998. The firm is in the process of a major revision of its Commercial Broadcast Station Public Inspection File Lowenstein Sandler: What If You Use Futures In Your Trading Strategy?  Aug 01, 1998 It is intended to provide general information only. One of the first questions new managers should consider is whether futures will be used as a part of the manager's trading strategy Pillsbury Winthrop: Corporate Gifts To Public Officials  Jul 31, 1998 ...onunload = setUnloaded //function setUnloaded() { //self. name = "" //} function WM_netscapeCssFix() { /* Source: Webmonkey Code Library (http://www Drinker Biddle & Reath: Tax Treatment Of Warrants and/or Contingent Interest  Jul 30, 1998 This article discusses Federal income tax considerations generally applicable to loan transactions involving warrants and/or contingent interest arrangements. The Federal income tax treatment of debt has evolved substantially in recent years Arnold Porter: State Gift Laws: Issue Spotting  Jul 01, 1998 The gift-related issues that arise at the state and local level are much the same as those that arise at the federal level. Reporting obligations for lobbyists, lobbyist employers, and nonlobbyists also should be considered Arnold Porter: The Tax Option Under the Lobbying Disclosure Act  Jul 01, 1998 For purposes of calculating the threshold limits under LDA section 4(a)(3) and making good faith estimates of the amounts of lobbying activity expenses on the semiannual reports on Form LD-2: A person, other than a lobbying firm, subject to section 162(e) of the Code (which prohibits taxpayers from taking business expense deductions for lobbying costs) may treat those amounts which it calculates are nondeductible lobbying expenses under Code section 162(e) as lobbying activity expenses under the Lord Bissell Brook: Tax Court Says There is No Free Lunch: Deducting Expens...  Jun 01, 1998 Tax Court Says There is No Free Lunch: Deducting Expenses of Employee Eating Facilities-Lord Bissell & Brook TUESDAY APRIL 3 2004 / 5:03PM var days = new Array("Sunday","Monday","Tuesday","Wednesday","Thursday","Friday","Saturday"); var months = new Array("January","February","March","April","May","June","July","August","September","October","November","December"); var d = new Date(); var curdate = days[d. getMonth()] + " " + d.getDate() + ", " + d.getFullYear(); var newDateNode = document Ober Kaler: OIG Solicits Comments on Development of New Safe Harbor...  Apr 01, 1998 Bryan Cave: Revision of Calculation Requirement for Mixtures Contai...  Mar 26, 1998 The Commerce Department has issued a final rule concerning the calculation required for determining whether mixtures containing chemicals capable of being used as precursors for chemical weapons qualify for a de minimis exemption from controls under ECCN 1C350. The new rule removes the requirement that such calculation be made on a solvent-free basis Winston Strawn: 2/11/98Long -Awaited Stark II Proposed Regulations  Feb 11, 1998 ...var xFolder = "/"; var Path = "meetingcn.nsf"; "); newWin.document.write("Winston n"); newWin.document.write(""); newWin.document.write(""); newWin.document.write(""); newWin.document.write(""); newWin.document.write(""); newWin.document.close(); } // -- BackHealth Care Briefing February 11, 1998Long-Awaited Stark II Proposed Regulations The Health Care Financing Administration finally published its proposed Stark II rule on January 9, three years after the law became effective, and five years Foley Lardner: Special Report: Broader Disclosure Requirements for Phy...  Jan 20, 1998 ABOUT US Community Service Diversity Technology Management Offices Accolades Feature Stories OUR SERVICES Legal Practices Airport Services Antitrust Appellate Biotechnology aceutical Brownfields Use Business Reorganizations Chemical aceutical Commercial Transactions ess Counseling Construction Consumer trial Products Corporate Governance Services Distribution hise E-Business mation Technology Electronics Emerging Companies/Venture Capital Employee Benefits Energy Regulation Environmental Isaacson: Conservation Tax Alert  Sep 01, 1997 Provisions of the Act which will affect land conservation include the following: Partial exclusion from estate tax for certain land subject to a qualified conservation easement. Liberalization of treatment of severed mineral rights for conservation easement tax deductions Davis Graham & Stubbs: Evidence of Historic Releases at Oil & Gas Sites: How M...  Jun 24, 1997 This article originally appeared in Davis Graham s' Environmental Practice Group Newsletter Q1 2002 Evidence of Historic Releases at Oil ites: How Much is Enough. In 2001, however, two different federal appellate courts placed important limits on claims where surface owners sought recovery against current producers based on historic oil production practices Jeffer Mangels Butler: Hotel Tax Update: ?Free Meals?  Oct 01, 1996 Hotel Tax Update Hotel Tax Update: “Free Meals” By: Jeffer, Mangels, Butler & Marmaro LLP October, 1996 Earlier we discussed a bankruptcy court decision holding a hotel liable for sales tax on complimentary food and beverages provided to hotel guests. In a recent ruling, the California State Board of Equalization confirmed the application of the “de minimis” concept, resulting in the return of over $500,000 in sales tax payment to the petitioners Pillsbury Winthrop: IRS Issues New Temporary Regulations On Cutback Notices  Jan 01, 1996 ...onunload = setUnloaded //function setUnloaded() { //self. name = "" //} function WM_netscapeCssFix() { /* Source: Webmonkey Code Library (http://www Morgan Lewis: SEC Adopts Final Rules Exempting Banks From The Definit...  Dec 31, 1969 SEC ADOPTS FINAL RULES EXEMPTING BANKS FROM THE DEFINITION OF DEALER ­ COMPLIANCE DATE SEPTEMBER 30, 2003 February 27, 2003 The U.S. Securities and Exchange Commission has adopted final rules concerning when banks meet the Exchange Act definition of "dealer," as modified by the Gramm-Leach-Bliley Act (GLBA). Effective September 30, 2003, a bank that engages in the purchase and sale of securities for its own account as part of a regular business will need to register with the SEC as a dealer, IRS Changes De Minimis Cash-out Limit to $5   Prior to the Tax Relief Act of 1997 ( TRA 97 ), if the present value of any nonforfeitable accrued benefit exceeded $3,500, a plan could only provide for an immediate distribution of such accrued benefit with the consent of the participant. Effective for plan years beginning after August 5, 1997, Code Section 411(a)(11)(A) was amended to increase this involuntary cash-out limit to $5,000 It May Not Be Much   ...(A reminder regarding holiday gifts to business associates and employees) by Ronald L. Kahn and Stephanie E. Trudeau Employment Law Letter Fall 1999 At this time of year employers often ask what the rule is regarding holiday gifts and bonuses. The tax code is fairly explicit on the subject of deductible business gifts by taxpayers which are excludable from the recipient's income June 6   On May 30, 2003, the SEC extended the de minimis exemption under the ITS Plan for an additional nine months through March 4, 2004. The ITS Plan covers intermarket trade-throughs for three exchange traded funds (ETFs), the Nasdaq-100 Index, the Dow Jones Industrial Average, and the Standard & Poor’s 500 Index Environmental   ...onunload = setUnloaded //function setUnloaded() { //self. name = "" //} function WM_netscapeCssFix() { /* Source: Webmonkey Code Library (http://www Lawyers 1   The key issue is whether such lawyers are "financial institutions" within the meaning of GLBA. Assessing Congressional Intent Judge Walton first analyzed dictionary definitions and found that it would be a "distortion" to conclude that a lawyer is an "institution." Turning to the "financial" component, he noted that the basic statutory use of the term was for controlling the scope of activities engaged in by banks, and that banks had never been authorized to engage in activities that states have September 6   On August 27, 2002, the SEC granted a temporary de minimis exemption to the Intermarket Trading System’s (ITS) trade-through rule which prohibits broker-dealers from executing a customer trade order at a price that is inferior to the best published price at the time of the offer. Under the exemption, transactions in three exchange-traded funds that are executed at no more than three cents away from the national best bid and offer displayed in the Consolidated Quote are exempt from the April 17   On April 12, 2002, the SEC released a proposal that would shorten filing deadlines for annual and quarterly reports required under the 1934 Act for certain companies and would require such companies to disclose in their annual reports where investors can access company filings. The proposal would ultimately shorten the filing deadlines from 90 to 60 calendar days after period end for annual reports and from 45 to 30 calendar days for quarterly reports September 4   On August 27, 2002, the SEC granted a temporary de minimis exemption to the Intermarket Trading System’s (ITS) trade-through rule which prohibits broker-dealers from executing a customer trade order at a price that is inferior to the best published price at the time of the offer. Under the exemption, transactions in three exchange-traded funds that are executed at no more than three cents away from the national best bid and offer displayed in the Consolidated Quote are exempt from the "The Brownfields Amendments: New Opportunities   This two-part article describes important new amendments to the Comprehensive Environmental Response, Compensation,and LiabilityAct. The amendments alter the defenses to landowner and"generator"liability and make other changes intended to promote the cleanup and redevelopment of contaminated properties known as "brownfields." Environmental Newsletter   June 4   Under the new rules, each company’s annual report must contain management’s annual internal control report, consisting of management’s assessment of the effectiveness of internal controls as of the end of the company’s most recent fiscal year, as well as statements regarding management’s responsibility for establishing and maintaining adequate internal control over financial reporting, identifying the framework used by management to evaluate the effectiveness of such internal control and February 21   The amendments alter both the defined terms used in the bank exception to dealer registration for asset-backed transactions and the exemption for banks from dealer registration for a de minimis number of riskless principal transactions. The amendments also create a new exemption for banks from the definition of "broker" and "dealer" for certain securities lending transactions February 18   The amendments alter both the defined terms used in the bank exception to dealer registration for asset-backed transactions and the exemption for banks from dealer registration for a de minimis number of riskless principal transactions. The amendments also create a new exemption for banks from the definition of "broker" and "dealer" for certain securities lending transactions Government Relations Update - April 15   GOVERNMENT RELATIONS UPDATE New Federal Election Commission Proposed Rules to Affect Upcoming National Party Conventions. The Federal Election Commission (the "FEC" or the "Commission") recently released proposed rules implementing the Bipartisan Campaign Reform Act ("BCRA") as it pertains to national party nominating conventions Employment Law Update for September 1   404 Not Found p {font-family: Arial,Helvetica,Verdana,sans-serif; font-size: 11px;} td {font-family: Arial,Helvetica,Verdana,sans-serif; font-size: 11px;} a {font-family: Arial,Helvetica,Verdana,sans-serif; font-size: 13px; text-decoration: underline;font-weight: bold; color: #333333;} a:link {color: #6a0f30;} a:active {color: #6a0f30;} a:visited {color: #6a0f30;} a:hover {color: #333333;} Sorry, the page you requested was not found on our server. It is possible that the page has been moved, or International Trade Update - January 21   ...length -1]; if (fscontrolTP.site_pn == '') {fscontrolTP.site_pn = 'Default'}; fscontrolTP.site_pn += location. length-2] }; fscontrolTP.flrollup_enabled=true; fscontrolTP.flrollup_default_pn="SITE PAGE"; fscontrolTP.flrollup_default_pc="PAGES"; fscontrolTP.flrollup_mlc="/2570287/vorysNET/" + location "Auditors and Audit Committees: New Disclosures   On January 28, the SEC published final rules under Section 208 of the Sarbanes-Oxley Act that require additional disclosure concerning services provided by, and fees paid to, a public company's outside auditor and provide for specified types of communications between a company's audit committee and its auditor. The new rules, which are described in Release No. 34-47265, will be effective on May 6, 2003, but application of the rules will be subject to the transition provisions described below In_Sites   Gibbons Del Deo Dolan Griffinger and Vecchione Ideas and Issues to Broaden Perspectives on Development In-Sites The Newsletter for Clients and Friends of the Firm Gibbons, Del Deo Dolan Griffinger ione A PROFESSIONAL CORPORATION The Real Properties Group Real Estate - Land Use/Permitting - Environmental Construction - Condemnation ppeals One Riverfront Plaza Newark, New Jersey 07102-5497 (973) 596-4500 - Fax: (973) 596-0545 1633 Broadway New York, New York 10019 (212) 649-4700 - Fax: (212) Court Upholds Infringement Of Research Tool Patents   ABOUT US Community Service Diversity Technology Management Offices Accolades Feature Stories OUR SERVICES Legal Practices Airport Services Antitrust Appellate Biotechnology aceutical Brownfields Use Business Reorganizations Chemical aceutical Commercial Transactions ess Counseling Construction Consumer trial Products Corporate Governance Services Distribution hise E-Business mation Technology Electronics Emerging Companies/Venture Capital Employee Benefits Energy Regulation Environmental February 2004; Volume 2   Welcome to the The Quadrangle, Fox Rothschild's legal briefing devoted to issues of concern to administrators and others in colleges and institutions of higher education. The regulations promulgated under Section 501(c)(3) of the Internal Revenue Code provide that the activities that constitute participation in a political campaign include, but are not limited to, the publication or distribution of written or printed statements or the making of verbal statements on behalf of or in opposition to February 7   On January 28, 2003, in accordance with the Sarbanes-Oxley Act, the SEC posted final rules regarding auditor independence and disclosure. For a more detailed explanation, please refer to the January 24, 2003 edition of Legal Update or visit the SEC website at http://www Securities Law Alert - February 11   SARBANES-OXLEY ACT OF 2002 SEC'S FINAL RULES ON AUDITOR INDEPENDENCE. The SEC has adopted final rules to "enhance the independence of accountants that audit and review financial statements and prepare attestation reports" filed with the SEC. The final rules contain much of the substance that was included in the proposed rules that the SEC published in this area 07-01-00: IP Update   There must be additional evidence that the accused infringer actually practiced the patented method. The Court also held that any commercial use of a patented method obviates the de minimis or experimental use exceptions to infringement 07-01-00: IP Update   There must be additional evidence that the accused infringer actually practiced the patented method. The Court also held that any commercial use of a patented method obviates the de minimis or experimental use exceptions to infringement : Stark II Regulations: The Good   ABOUT US Community Service Diversity Technology Management Offices Accolades Feature Stories OUR SERVICES Legal Practices Airport Services Antitrust Appellate Biotechnology aceutical Brownfields Use Business Reorganizations Chemical aceutical Commercial Transactions ess Counseling Construction Consumer trial Products Corporate Governance Services Distribution hise E-Business mation Technology Electronics Emerging Companies/Venture Capital Employee Benefits Energy Regulation Environmental : Investment Funds Alert   SEC Investigates Large Hedge Funds Proposed Changes to Pension Law Affect Deferred Comp Arrangements Changes to Advisers Act Custody Rule NASD Proposes Further Amendments to Hot Issues Rules. SEC Investigates Large Hedge Fund Managers In a speech to the Investment Company Institute on May 24, 2002, SEC Chairman Harvey Pitt announced that the SEC would undertake a fact-finding investigation of the hedge fund industry : Definition of Terms re: Banks   Proposed Rule: Definition of Terms in and Specific Exemptions for Banks, Savings Associations, and Savings Banks Under Sections 3(a)(4) and 3(a)(5) of the Securities Exchange Act of 1934 Home | Previous Page Proposed Rule: Definition of Terms in and Specific Exemptions for Banks, Savings Associations, and Savings Banks Under Sections 3(a)(4) and 3(a)(5) of the Securities Exchange Act of 1934 SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 240 [Release No. 34-46745; File No. S7-41-02] RIN : European IP Bulletin   The Community Patent Duncan Curley of McDermott Will & Emery's London office gives an overview of the proposed European Community Patent which businesses should be able to apply for within five years. Simone Blakeney of McDermott Will & Emery's London office discusses the implications of these idiosyncrasies and their elimination by the proposed Community Patent Court Ballard Spahr: Capitalization Requirements for Intangible Assets: Reli...   Business ce Tax Nearly a decade ago the United States Supreme Court firmly rejected in INDOPCO, Inc. v. Commissioner, 503 U.S. 79 (1992), the taxpayer's argument that creation of a separate and distinct asset was a prerequisite for capitalization of an expense, in favor of an open-ended standard that made any expense producing a future benefit fair game for capitalization. Because the boundaries of INDOPCO were so uncertain, taxpayers have lived ever since in fear of audit adjustments denying Ballard Spahr: INDOPCO Guidance at Last: IRS Issues Final Regulations ...   In INDOPCO, the Supreme Court held that payments resulting in a “significant future benefit” must be capitalized, rather than deducted currently. In the years following INDOPCO, the IRS aggressively sought to push the boundaries of the significant future benefit test to include costs that taxpayers had traditionally deducted Cooley Godward: Proposed New Nasdaq Exemption to Shareholder Approval R...   Cooley Godward LLP | News cations | In The News | Proposed New Nasdaq Exemption to Shareholder Approval Requirements Advanced Search Search Help In The News Recent HeadlinesAnnual ReviewsCooley AlertsAlerts Sign UpIn The NewsPress Releases 30 Aug 2004Proposed New Nasdaq Exemption to Shareholder Approval RequirementsBy: Cydney Posner The SEC has now posted a proposed new de minimis exception from the shareholder approval requirements for sales to officers, directors, employees or consultants as Curtis Mallet-Prevost: Recent Amendments to the Investment Advisers Act of 194...   ...src = "pix/sidenav_profile_on.gif"; var profile = new Image; profile. src = "pix/sidenav_profile.gif"; var practiceon = new Image; practiceon Curtis Mallet-Prevost: NAFTA's Rules of Origin   ...src = "pix/sidenav_profile_on.gif"; var profile = new Image; profile. src = "pix/sidenav_profile.gif"; var practiceon = new Image; practiceon Fox Rothschild: PA Tenants by the Entireties Assets -- Impact of IRS Fe...   TAX AND ESTATES DEPARTMENT. PA TENANTS BY THE ENTIRETIES ASSETS -- IMPACT OF IRS FEDERAL TAX LIEN US V. CRAFT (US SUPREME COURT) Gray Cary: Comparison of NYSE and Nasdaq Rules Requiring Sharehold...   Gray Cary e-Alert July 18, 2003 Comparison of NYSE and Nasdaq Rules Requiring Shareholder Approval of Equity Compensation Plans By William H. Hoffman The Securities and Exchange Commission approved, effective June 30, 2003, changes to the New York Stock Exchange and Nasdaq rules regarding shareholder approval of equity compensation plans. The revised shareholder approval rules, along with SEC commentary, are included in Release No. 34-48108 Honigman Miller: Court Ruling Shows That PRP Group Accounting Can Be Con...   At the ideal Superfund site, all potentially responsible parties (PRPs) would form a single PRP Group at one time, members would all remain in the Group from beginning to end, and would not be divided into different classes. Some members withdraw, declare bankruptcy, negotiate separate settlements with the government, or join late after being forced to do so by a lawsuit Hughes Hubbard: How United States Export Controls Affect Canadian Expor...   ...writeln('\'This includes all versions of IE4 and beyond and some versions of IE 3. writeln('Dim WM_detect_through_vb'); document Kilpatrick Stockton: REMIC QUALIFICATION???Why do we care?   This mandate is typically provided for in the related pooling and servicing agreements ("PSAs") that govern particular securitizations. Rather, the tax consequences of the REMIC flow through to the holder of the REMIC's residual interest much like partners in a partnership or members of a limited liability company Morrison & Foerster: Recent Changes to the EC Competition Rules   Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on a particular situation. The revision of the De Minimis Notice is part of the Commission’s program of modernizing the EC competition rules; one of its declared aims is to minimize the loss of legal certainty resulting from the abolition of the notification system, which is one of the main elements of the reform Riker Danzig: 11/98 NJDEP Amends Air Contaminant Regulations   Riker Danzig Article (271) 11/98 NJDEP Amends Air Contaminant Regulations From Riker Danzig Environmental Update, November 1998 The New Jersey Department of Environmental Protection ("NJDEP") has adopted amendments to subchapter 8 of its air pollution control regulations. NJDEP adopted these amendments as the first phase in its efforts to conform subchapter 8 to the State's recently amended Air Pollution Control Act, and to account for NJDEP's permitting of major sources of air contaminants Riker Danzig: 7/01 Environmental News from the Courts   EPA's Exemption of De Minimis Air Pollution Sources Upheld The Ninth Circuit recently found that the United States Environmental Protection Agency's ("EPA") exemption of de minimis sources from regulation under a Federal Implementation Plan ("FIP") was not in violation of the Clean Air Act ("CAA"). The FIP concluded that attainment of the national CAA standards for particulate matter of less than 10 microns ("PM-10") was impracticable, and further exempted certain PM-10 sources that it Riker Danzig: 12/95 The Top Ten Things To Know About Superfund Refo...   While it is too early to know which bill will become the focus of the Superfund reform debate, the bills have several common themes about which everyone should be aware: 1. Retroactivity Survives Realizing that repeal of retroactive liability likely would saddle taxpayers with the enormous burden of addressing abandoned sites, the sponsors of the bills have decided to retain retroactive application of the liability scheme Riker Danzig: 12/99 NJDEP Unveils New Silver and Gold Track Program...   Riker Danzig Article (314) 12/99 NJDEP Unveils New Silver and Gold Track Program for Environmental Performance From Riker Danzig Environmental UPDATE, December 1999. On September 20, 1999, the New Jersey Department of Environmental Protection (“NJDEP”) announced a new program that will be available to entities committed to enhanced environmental performance Riker Danzig: 8/99 Recommendations to Reform and Finance New York ...   The New York State Department of Environmental Conservation (“NYSDEC”) strongly supports the recommendations of the Superfund Working Group, which was chaired by John P. Cahill, Commissioner of NYSDEC. No schedule to implement the recommendations, however, has been set. The Working Group focused its study and recommendations in several areas targeted for reform in New York, including statutory liability reforms, cleanup standards, and redevelopment incentives Riker Danzig: 9/02 School Law In the Courts   "Pledge of Allegiance" Decision on Hold On June 26, 2002, the United States Court of Appeals for the Ninth Circuit held that the 1954 addition of the words "under God" to the Pledge of Allegiance, and a California law requiring that the Pledge be given in public schools, violate the First Amendment. In particular, the Court found, "the statement that the United States is a nation 'under god' is an endorsement of religion" because the statement professes a belief in monotheism Sidley Austin: Final Treasury Regulations Relating to Reopenings of De...   Re: Final Treasury Regulations Relating to Reopenings of Debt Issues. On January 11, 2001, the Internal Revenue Service ("IRS") issued the long-awaited final regulations (the "Final Regulations") on debt reopenings Sidley Austin: Foreign Investment Company Exemption   NASD Rule 2790(a) prohibits NASD members and their associated persons from selling "new issues," essentially IPOs of equity securities,to accounts in which certain classes of "restricted persons" have a "beneficial interest" (as such terms are defined in Rule 2790). NASD Rule 2790(c) sets forth various exemptions from the application of Rule 2790(a),including an exemption for "[a]n investment company organized under the laws of a foreign jurisdiction,provided that (A) the investment company is Sidley Austin: USEPA'S TSCA ? 12(b) Voluntary Audit And Disclosure...   However, USEPA is allowing a grace period during which companies may report past first-time violations under the old ERP and qualify for the no-penalty safe harbor. Summary of TSCA § 12(b) Export Notification Requirements Section 12(b) of TSCA requires companies to notify USEPA if they export chemicals subject to the following requirements: submission of test data under TSCA §§ 4 or 5(b); an order issued under TSCA § 5; a rule proposed or promulgated under TSCA §§ 5 or 6; an action pending, or Stroock: Standards Relating to Listed Company Audit Committees (...   These requirements relate to: the independence of audit committee members; the audit committee's responsibility to select and oversee the issuer's independent accountant; procedures for handling complaints regarding the issuer's accounting practices; the authority of the audit committee to engage advisors; and funding for the independent auditor and any outside advisors engaged by the audit committee. The rule implements the requirements of Section 10A(m)(1) of the Securities Exchange Act of Testa: NASD Proposes Rule Change for Hot Issues:   TH&T | Publications | Article Search Results A:link {color:"#003399"; text-decoration: none; } A:visited {color:"#003399"; text-decoration: none } A:hover {color:"red"; background: "#FFFFCC";} 0t. The NASD stated that the proposed rule is “designed to protect the integrity of the public offering process by ensuring that member firms make a bona fide public offering of securities at the public offering price and that none are withheld for the firm’s benefit or to reward individuals in the Weil: The Second Circuit Sets Standards For PSLRA Sanctions   The PSLRA1 added Section 21D(c) to the Securities Exchange Act ( Exchange Act ) of 1934, which states that upon final adjudication of a securities fraud lawsuit, the court shall include in the record specific findings regarding whether parties and their attorneys have complied with Fed. But this presumption may be rebutted if the party to be sanctioned proves that (i) the sanctions award will impose an unreasonable burden White & Case: New Czech Competition Act (May 2001)   Scope of Application The Act reaffirms the EU style approach adopted by the Czech Republic towards the protection of economic competition and addresses the following key areas: agreements, decisions or practices preventing, restricting or distorting competition; abuse of a dominant market position; and merger control. Agreements, Decisions or Practices Affecting Competition The Act stipulates that agreements, decisions or practices between undertakings which may have adverse effects on economic Wiley Rein & Fielding: Federal Court Rules Pharmatrak Interception Not ?Intent...   WRF - Articles - Federal Court Rules Pharmatrak Interception Not “Intentional” Under ECPA if (document. src'); } } Search GO Federal Court Rules Pharmatrak Interception Not “Intentional” Under ECPAPrivacy In Focus, November 2003 In what may represent the final chapter of ongoing litigation addressing the high-profile issue of the legitimacy of Internet cookies and related technologies, a Massachusetts federal district court has ruled that interceptions of communications using such technologies Womble Carlyle: SEC Adopts Rules Regarding Auditor Independence and Ret...   IRS Changes De Minimis Cash-out Limit to $5   Prior to the Tax Relief Act of 1997 ( TRA 97 ), if the present value of any nonforfeitable accrued benefit exceeded $3,500, a plan could only provide for an immediate distribution of such accrued benefit with the consent of the participant. Effective for plan years beginning after August 5, 1997, Code Section 411(a)(11)(A) was amended to increase this involuntary cash-out limit to $5,000 December 10   On December 2, 2004, the SEC announced that in order to promote the integrity and efficiency of the US clearance and settlement system, it is adopting new Rule 17Ad-20 under the 1934 Act. The Rule prohibits registered transfer agents from effecting transfers of equity securities registered under Section 12 of the 1934 Act or equity securities that subject an issuer to reporting requirements under Section 15(d) of the 1934 Act if such securities are subject to any restrictions or prohibitions on Environmental   ...onunload = setUnloaded //function setUnloaded() { //self. name = "" //} function WM_netscapeCssFix() { /* Source: Webmonkey Code Library (http://www August 2004   We will provide you with updates of significant land use law developments. 2 of the Municipalities Planning Code (the "MPC"), the Board of Supervisors (the "Board") appointed a hearing officer, to conduct a hearing and issue a written decision "The Brownfields Amendments: New Opportunities   This two-part article describes important new amendments to the Comprehensive Environmental Response, Compensation,and LiabilityAct. The amendments alter the defenses to landowner and"generator"liability and make other changes intended to promote the cleanup and redevelopment of contaminated properties known as "brownfields." International Trade Update - January 21   ...length -1]; if (fscontrolTP.site_pn == '') {fscontrolTP.site_pn = 'Default'}; fscontrolTP.site_pn += location. length-2] }; fscontrolTP.flrollup_enabled=true; fscontrolTP.flrollup_default_pn="SITE PAGE"; fscontrolTP.flrollup_default_pc="PAGES"; fscontrolTP.flrollup_mlc="/2570287/vorysNET/" + location Market Regulation Alert - October 14   At an open meeting held October 13, 2004, the Securities and Exchange Commission (SEC) voted to propose amendments to Regulation M under the Securities Exchange Act of 1934, as amended (the Exchange Act), that are directed at market activities that "undermine the integrity and fairness of the offering process." The proposed amendments,which particularly focus on initial public offerings (IPOs), are also intended to improve the transparency of the underwriters' aftermarket activities. In order to "Auditors and Audit Committees: New Disclosures   On January 28, the SEC published final rules under Section 208 of the Sarbanes-Oxley Act that require additional disclosure concerning services provided by, and fees paid to, a public company's outside auditor and provide for specified types of communications between a company's audit committee and its auditor. The new rules, which are described in Release No. 34-47265, will be effective on May 6, 2003, but application of the rules will be subject to the transition provisions described below In_Sites   Gibbons Del Deo Dolan Griffinger and Vecchione Ideas and Issues to Broaden Perspectives on Development In-Sites The Newsletter for Clients and Friends of the Firm Gibbons, Del Deo Dolan Griffinger ione A PROFESSIONAL CORPORATION The Real Properties Group Real Estate - Land Use/Permitting - Environmental Construction - Condemnation ppeals One Riverfront Plaza Newark, New Jersey 07102-5497 (973) 596-4500 - Fax: (973) 596-0545 1633 Broadway New York, New York 10019 (212) 649-4700 - Fax: (212) Bulletin 00-17   ...onunload = setUnloaded //function setUnloaded() { //self. name = "" //} function WM_netscapeCssFix() { /* Source: Webmonkey Code Library (http://www Know Your Options as a Employer   ATTORNEYS: Jeffrey P. Clark John H. Zawadsky Robert K. Sholl Lynn M. Stathas Donald P. Gallo David J. Sisson Raymond M. Roder Christopher P. Banaszak Carolyn A. Sullivan John G. Pawley Robert J. Muten Daryll J. Neuser Kirstin A. Goetz Martin A. Machtan 1000 North Water Street P.O. Box 2965 Milwaukee, Wisconsin 53201-2965 414-298-1000 800-553-6215 22 East Mifflin Street P.O. Box 2018 Madison, Wisconsin 53701-2018 608-229-2200 800-728-6239 W233 N2080 Ridgeview Parkway P.O. Box 2265 Waukesha, February 2004; Volume 2   Welcome to the The Quadrangle, Fox Rothschild's legal briefing devoted to issues of concern to administrators and others in colleges and institutions of higher education. The regulations promulgated under Section 501(c)(3) of the Internal Revenue Code provide that the activities that constitute participation in a political campaign include, but are not limited to, the publication or distribution of written or printed statements or the making of verbal statements on behalf of or in opposition to %202004).pdf   Hire Authority Volume 2   According to two recent decisions by Texas courts, the answer is no, as long as the time spent on these activities is minimal. In Anderson v. Pilgrim's Pride Corp., current and former employees of Pilgrim's Pride, a chicken processing and distribution company, sued for violations of the Fair Labor Standards Act ABA   Steven C. Nadeau Honigman Miller Schwartz and Cohn Detroit, MI. v v v v v Manistique Harbor - Upper Peninsula of Michigan Man-made Harbor located on Lake Michigan's northern shore Harbor floor historically created by blasting bedrock to achieve project depth Manistique River is 350 feet wide at the mouth and narrows to a channel of 200 feet River Current 07-01-00: IP Update   There must be additional evidence that the accused infringer actually practiced the patented method. The Court also held that any commercial use of a patented method obviates the de minimis or experimental use exceptions to infringement 07-01-00: IP Update   There must be additional evidence that the accused infringer actually practiced the patented method. The Court also held that any commercial use of a patented method obviates the de minimis or experimental use exceptions to infringement : Investment Funds Alert   SEC Investigates Large Hedge Funds Proposed Changes to Pension Law Affect Deferred Comp Arrangements Changes to Advisers Act Custody Rule NASD Proposes Further Amendments to Hot Issues Rules. SEC Investigates Large Hedge Fund Managers In a speech to the Investment Company Institute on May 24, 2002, SEC Chairman Harvey Pitt announced that the SEC would undertake a fact-finding investigation of the hedge fund industry : Definition of Terms re: Banks   Proposed Rule: Definition of Terms in and Specific Exemptions for Banks, Savings Associations, and Savings Banks Under Sections 3(a)(4) and 3(a)(5) of the Securities Exchange Act of 1934 Home | Previous Page Proposed Rule: Definition of Terms in and Specific Exemptions for Banks, Savings Associations, and Savings Banks Under Sections 3(a)(4) and 3(a)(5) of the Securities Exchange Act of 1934 SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 240 [Release No. 34-46745; File No. S7-41-02] RIN : European IP Bulletin   The Community Patent Duncan Curley of McDermott Will & Emery's London office gives an overview of the proposed European Community Patent which businesses should be able to apply for within five years. Simone Blakeney of McDermott Will & Emery's London office discusses the implications of these idiosyncrasies and their elimination by the proposed Community Patent Court : Of Merchandise   The cost of the goods themselves must be capitalized but taxpayers may elect to exclude them from formal inventory accounting and treat them as "materials and supplies." The IRS has thus taken a significant step toward responding to the outcry arising from the agency's application of the existing rules under section 446 governing sellers of "merchandise" to taxpayers not in traditional wholesaling and retailing businesses. In doing so, it has also provided a practical solution to a recurring Akin Gump: SEC Adopts Final Rules to Strengthen Auditor Independen...   SEC ADOPTS FINAL RULES TO STRENGTHEN AUDITOR INDEPENDENCE On January 28, 2003, the Securities and Exchange Commission (SEC), consistent with the direction of Section 208(a) of the Sarbanes-Oxley Act of 2002, adopted amendments to its existing requirements regarding auditor independence. These amendments enhance the independence of accountants that audit and review financial statements and prepare attestation reports filed with the SEC. More specifically, the SEC adopted rules to · revise the Akin Gump: Fraud and Abuse -- HCFA Publishes Proposed Regulations ...   Akin Gump Health Industry Alert Health Industry Alert January 23, 1998 Fraud and Abuse HCFA Publishes Proposed Regulations Interpreting Stark II More than four years after Congress enacted legislation known as "Stark II," which significantly expanded the Medicare Act's prohibitions on physician self-referrals, the Health Care Financing Administration has published proposed regulations interpreting the law's requirements. As enacted in 1989, section 1877 of the Social Security Act, commonly known Caplin & Drysdale: Tax Court Rules (Again) on Sierra Club Affinity Card In...   Caplin ale | Articles Tax Court Rules (Again) on Sierra Club Affinity Card IncomeExempt Organization Tax Review, May 1999 Lloyd H. Mayer, Albert G. LauberThe Tax Court, per Judge Halpern, recently issued its opinion in the latest chapter of the Sierra Club litigation, deciding on remand an issue of continuing importance to nonprofit organizations: whether receipts from affinity credit card programs are tax-exempt 'royalties' under section 512(b)(2) of the Internal Revenue Code. On appeal, the Clifford Chance: Antitrust Review - May 2003   Cooley Godward: SEC Meeting: Regulation M   The proposed amendments would prohibit the acceptance of additional consideration beyond that stated in the offering document in connection with a securities offering, extend the restricted period (the period when underwriters must refrain from stimulating market activity in a security), enhance the transparency of syndicate-covering activity (for example, by requiring identification of syndicate-covering bids), eliminate use of penalty bids (contractual terms which allow the managing Cooley Godward: Changes in NYSE and Nasdaq Listing Requirements Affecti...   Cooley Godward LLP | News cations | Cooley Alerts | Changes in NYSE and Nasdaq Listing Requirements Affecting Equity Plans and Executive and Director Compensation Advanced Search Search Help Cooley Alerts Recent HeadlinesAnnual ReviewsCooley AlertsAlerts Sign UpIn The NewsPress Releases 12 Dec 2002Changes in NYSE and Nasdaq Listing Requirements Affecting Equity Plans and Executive and Director CompensationIn October 2002, the Securities and Exchange Commission (“SECâ€?) published for comment Fox Rothschild: PA Tenants by the Entireties Assets -- Impact of IRS Fe...   TAX AND ESTATES DEPARTMENT. PA TENANTS BY THE ENTIRETIES ASSETS -- IMPACT OF IRS FEDERAL TAX LIEN US V. CRAFT (US SUPREME COURT) Garvey Schubert Barer: Price Discrimination and the Antitrust Laws   ...writeln('\'This includes all versions of IE4 and beyond and some versions of IE 3. writeln('Dim WM_detect_through_vb'); document Gray Cary: Comparison of NYSE and Nasdaq Rules Requiring Sharehold...   Gray Cary e-Alert July 18, 2003 Comparison of NYSE and Nasdaq Rules Requiring Shareholder Approval of Equity Compensation Plans By William H. Hoffman The Securities and Exchange Commission approved, effective June 30, 2003, changes to the New York Stock Exchange and Nasdaq rules regarding shareholder approval of equity compensation plans. The revised shareholder approval rules, along with SEC commentary, are included in Release No. 34-48108 Honigman Miller: Court Ruling Shows That PRP Group Accounting Can Be Con...   At the ideal Superfund site, all potentially responsible parties (PRPs) would form a single PRP Group at one time, members would all remain in the Group from beginning to end, and would not be divided into different classes. Some members withdraw, declare bankruptcy, negotiate separate settlements with the government, or join late after being forced to do so by a lawsuit Hughes Hubbard: How United States Export Controls Affect Canadian Expor...   ...writeln('\'This includes all versions of IE4 and beyond and some versions of IE 3. writeln('Dim WM_detect_through_vb'); document Morrison & Foerster: Recent Changes to the EC Competition Rules   Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on a particular situation. The revision of the De Minimis Notice is part of the Commission’s program of modernizing the EC competition rules; one of its declared aims is to minimize the loss of legal certainty resulting from the abolition of the notification system, which is one of the main elements of the reform Morrison & Foerster: Sarbanes-Oxley Act of 2002 - Section 16   Morrison ter - Legal Update - Sarbanes-Oxley Act of 2002: New Section 16 Reporting Requirements for Insiders Any of the attorneys in our Corporate Department can assist you in reviewing your procedures and establishing a program that will be effective in meeting these new requirements. Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations Sidley Austin: Human Subject Research: The HIPAA Issues   Re: Final Treasury Regulations Relating to Reopenings of Debt Issues. On January 11, 2001, the Internal Revenue Service ("IRS") issued the long-awaited final regulations (the "Final Regulations") on debt reopenings Stroock: Standards Relating to Listed Company Audit Committees (...   These requirements relate to: the independence of audit committee members; the audit committee's responsibility to select and oversee the issuer's independent accountant; procedures for handling complaints regarding the issuer's accounting practices; the authority of the audit committee to engage advisors; and funding for the independent auditor and any outside advisors engaged by the audit committee. The rule implements the requirements of Section 10A(m)(1) of the Securities Exchange Act of Stroock: SEC Adopts Rules Strengthening Auditor Independence   Commission Adopts Rules Strengthening Auditor Independence; Press Release 2003-9 Home | Previous Page Commission Adopts Rules Strengthening Auditor Independence FOR IMMEDIATE RELEASE 2003-9 Washington, D.C., January 22, 2003 The Securities and Exchange Commission today voted to adopt rules to fulfill the mandate of Title II of the Sarbanes-Oxley Act of 2002, strengthen auditor independence and require additional disclosures to investors about the services provided to issuers by the independent Stroock: "Significant Amendments to the Regulatory Regime f...   ...("CFTC") has issued a series of major amendments to its rules under the Commodity Exchange Act ("CEA") governing the activities of commodity pool operators (each, a "CPO") and commodity trading advisors (each, a "CTA"). These amendments include:(i) the elimination of the restrictions on commodity interest trading that previously were prerequisites to qualification for the CPO exclusion available under CFTC Rule 4 Stroock: Model Audit Committee Charter   ...(Prepared by Stroock ck LLP - September 2002) This model charter is based upon corporate governance rule proposals submitted by the New York Stock Exchange (the "NYSE") to the U.S. Securities and Exchange Commission (the "SEC") pursuant to a rules filing dated August 16, 2002. It is not the Committee's responsibility to certify the Company's financial statements or to guarantee the report of the independent auditor Testa: NASD Proposes Rule Change for Hot Issues:   TH&T | Publications | Article Search Results A:link {color:"#003399"; text-decoration: none; } A:visited {color:"#003399"; text-decoration: none } A:hover {color:"red"; background: "#FFFFCC";} 0t. The NASD stated that the proposed rule is “designed to protect the integrity of the public offering process by ensuring that member firms make a bona fide public offering of securities at the public offering price and that none are withheld for the firm’s benefit or to reward individuals in the Weil: The Second Circuit Sets Standards For PSLRA Sanctions   The PSLRA1 added Section 21D(c) to the Securities Exchange Act ( Exchange Act ) of 1934, which states that upon final adjudication of a securities fraud lawsuit, the court shall include in the record specific findings regarding whether parties and their attorneys have complied with Fed. But this presumption may be rebutted if the party to be sanctioned proves that (i) the sanctions award will impose an unreasonable burden Wiley Rein & Fielding: BCRA Regulations in Legal Limbo; FEC to Appeal   Fortunately, because virtually all of the impaired regulations were intended to ameliorate BCRA and because the FEC is unlikely to seek penalties for relying on its regulations, the immediate practical effects likely will be limited. However, things could get interesting if private FEC complainants go to court under Section 437g of the Federal Election Campaign Act of 1971, as amended, to compel the FEC to enforce BCRA directly, ignoring the regulations IRS Changes De Minimis Cash-out Limit to $5   Prior to the Tax Relief Act of 1997 ( TRA 97 ), if the present value of any nonforfeitable accrued benefit exceeded $3,500, a plan could only provide for an immediate distribution of such accrued benefit with the consent of the participant. Effective for plan years beginning after August 5, 1997, Code Section 411(a)(11)(A) was amended to increase this involuntary cash-out limit to $5,000 December 10   On December 2, 2004, the SEC announced that in order to promote the integrity and efficiency of the US clearance and settlement system, it is adopting new Rule 17Ad-20 under the 1934 Act. The Rule prohibits registered transfer agents from effecting transfers of equity securities registered under Section 12 of the 1934 Act or equity securities that subject an issuer to reporting requirements under Section 15(d) of the 1934 Act if such securities are subject to any restrictions or prohibitions on Environmental   Pillsbury Winthrop Shaw Pittman@import url(/go/DesignTemplate. THE RECORDER - "Going Public in Japan" more June 6   On May 30, 2003, the SEC extended the de minimis exemption under the ITS Plan for an additional nine months through March 4, 2004. The ITS Plan covers intermarket trade-throughs for three exchange traded funds (ETFs), the Nasdaq-100 Index, the Dow Jones Industrial Average, and the Standard & Poor’s 500 Index August 2004   We will provide you with updates of significant land use law developments. 2 of the Municipalities Planning Code (the "MPC"), the Board of Supervisors (the "Board") appointed a hearing officer, to conduct a hearing and issue a written decision "The Brownfields Amendments: New Opportunities   This two-part article describes important new amendments to the Comprehensive Environmental Response, Compensation,and LiabilityAct. The amendments alter the defenses to landowner and"generator"liability and make other changes intended to promote the cleanup and redevelopment of contaminated properties known as "brownfields." June 4   Under the new rules, each company’s annual report must contain management’s annual internal control report, consisting of management’s assessment of the effectiveness of internal controls as of the end of the company’s most recent fiscal year, as well as statements regarding management’s responsibility for establishing and maintaining adequate internal control over financial reporting, identifying the framework used by management to evaluate the effectiveness of such internal control and February 21   The amendments alter both the defined terms used in the bank exception to dealer registration for asset-backed transactions and the exemption for banks from dealer registration for a de minimis number of riskless principal transactions. The amendments also create a new exemption for banks from the definition of "broker" and "dealer" for certain securities lending transactions International Trade Update - January 21   ...length -1]; if (fscontrolTP.site_pn == '') {fscontrolTP.site_pn = 'Default'}; fscontrolTP.site_pn += location. length-2] }; fscontrolTP.flrollup_enabled=true; fscontrolTP.flrollup_default_pn="SITE PAGE"; fscontrolTP.flrollup_default_pc="PAGES"; fscontrolTP.flrollup_mlc="/2570287/vorysNET/" + location February 18   The amendments alter both the defined terms used in the bank exception to dealer registration for asset-backed transactions and the exemption for banks from dealer registration for a de minimis number of riskless principal transactions. The amendments also create a new exemption for banks from the definition of "broker" and "dealer" for certain securities lending transactions Government Relations Update - April 15   GOVERNMENT RELATIONS UPDATE New Federal Election Commission Proposed Rules to Affect Upcoming National Party Conventions. The Federal Election Commission (the "FEC" or the "Commission") recently released proposed rules implementing the Bipartisan Campaign Reform Act ("BCRA") as it pertains to national party nominating conventions Market Regulation Alert - October 14   At an open meeting held October 13, 2004, the Securities and Exchange Commission (SEC) voted to propose amendments to Regulation M under the Securities Exchange Act of 1934, as amended (the Exchange Act), that are directed at market activities that "undermine the integrity and fairness of the offering process." The proposed amendments,which particularly focus on initial public offerings (IPOs), are also intended to improve the transparency of the underwriters' aftermarket activities. In order to "Auditors and Audit Committees: New Disclosures   On January 28, the SEC published final rules under Section 208 of the Sarbanes-Oxley Act that require additional disclosure concerning services provided by, and fees paid to, a public company's outside auditor and provide for specified types of communications between a company's audit committee and its auditor. The new rules, which are described in Release No. 34-47265, will be effective on May 6, 2003, but application of the rules will be subject to the transition provisions described below In_Sites   Gibbons Del Deo Dolan Griffinger and Vecchione Ideas and Issues to Broaden Perspectives on Development In-Sites The Newsletter for Clients and Friends of the Firm Gibbons, Del Deo Dolan Griffinger ione A PROFESSIONAL CORPORATION The Real Properties Group Real Estate - Land Use/Permitting - Environmental Construction - Condemnation ppeals One Riverfront Plaza Newark, New Jersey 07102-5497 (973) 596-4500 - Fax: (973) 596-0545 1633 Broadway New York, New York 10019 (212) 649-4700 - Fax: (212) Bulletin 00-17   Pillsbury Winthrop Shaw Pittman@import url(/go/DesignTemplate. THE RECORDER - "Going Public in Japan" more Know Your Options as a Employer   ATTORNEYS: Jeffrey P. Clark John H. Zawadsky Robert K. Sholl Lynn M. Stathas Donald P. Gallo David J. Sisson Raymond M. Roder Christopher P. Banaszak Carolyn A. Sullivan John G. Pawley Robert J. Muten Daryll J. Neuser Kirstin A. Goetz Martin A. Machtan 1000 North Water Street P.O. Box 2965 Milwaukee, Wisconsin 53201-2965 414-298-1000 800-553-6215 22 East Mifflin Street P.O. Box 2018 Madison, Wisconsin 53701-2018 608-229-2200 800-728-6239 W233 N2080 Ridgeview Parkway P.O. Box 2265 Waukesha, February 2004; Volume 2   Welcome to the The Quadrangle, Fox Rothschild's legal briefing devoted to issues of concern to administrators and others in colleges and institutions of higher education. The regulations promulgated under Section 501(c)(3) of the Internal Revenue Code provide that the activities that constitute participation in a political campaign include, but are not limited to, the publication or distribution of written or printed statements or the making of verbal statements on behalf of or in opposition to %202004).pdf   February 7   On January 28, 2003, in accordance with the Sarbanes-Oxley Act, the SEC posted final rules regarding auditor independence and disclosure. For a more detailed explanation, please refer to the January 24, 2003 edition of Legal Update or visit the SEC website at http://www Securities Law Alert - February 11   SARBANES-OXLEY ACT OF 2002 SEC'S FINAL RULES ON AUDITOR INDEPENDENCE. The SEC has adopted final rules to "enhance the independence of accountants that audit and review financial statements and prepare attestation reports" filed with the SEC. The final rules contain much of the substance that was included in the proposed rules that the SEC published in this area Hire Authority Volume 2   According to two recent decisions by Texas courts, the answer is no, as long as the time spent on these activities is minimal. In Anderson v. Pilgrim's Pride Corp., current and former employees of Pilgrim's Pride, a chicken processing and distribution company, sued for violations of the Fair Labor Standards Act 07-01-00: IP Update   There must be additional evidence that the accused infringer actually practiced the patented method. The Court also held that any commercial use of a patented method obviates the de minimis or experimental use exceptions to infringement 07-01-00: IP Update   There must be additional evidence that the accused infringer actually practiced the patented method. The Court also held that any commercial use of a patented method obviates the de minimis or experimental use exceptions to infringement : Investment Funds Alert   SEC Investigates Large Hedge Funds Proposed Changes to Pension Law Affect Deferred Comp Arrangements Changes to Advisers Act Custody Rule NASD Proposes Further Amendments to Hot Issues Rules. SEC Investigates Large Hedge Fund Managers In a speech to the Investment Company Institute on May 24, 2002, SEC Chairman Harvey Pitt announced that the SEC would undertake a fact-finding investigation of the hedge fund industry : Definition of Terms re: Banks   Proposed Rule: Definition of Terms in and Specific Exemptions for Banks, Savings Associations, and Savings Banks Under Sections 3(a)(4) and 3(a)(5) of the Securities Exchange Act of 1934 Home | Previous Page Proposed Rule: Definition of Terms in and Specific Exemptions for Banks, Savings Associations, and Savings Banks Under Sections 3(a)(4) and 3(a)(5) of the Securities Exchange Act of 1934 SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 240 [Release No. 34-46745; File No. S7-41-02] RIN : European IP Bulletin   The Community Patent Duncan Curley of McDermott Will & Emery's London office gives an overview of the proposed European Community Patent which businesses should be able to apply for within five years. Simone Blakeney of McDermott Will & Emery's London office discusses the implications of these idiosyncrasies and their elimination by the proposed Community Patent Court : Of Merchandise   The cost of the goods themselves must be capitalized but taxpayers may elect to exclude them from formal inventory accounting and treat them as "materials and supplies." The IRS has thus taken a significant step toward responding to the outcry arising from the agency's application of the existing rules under section 446 governing sellers of "merchandise" to taxpayers not in traditional wholesaling and retailing businesses. In doing so, it has also provided a practical solution to a recurring Akerman Senterfitt: The Sarbanes-Oxley Act of 2002 and Its Impact on Health...   Fort Lauderdale Jacksonville Miami Orlando Tallahassee Tampa Tavares West Palm Beach. A Code of Ethics should be established for principal executive and financial officers Akin Gump: SEC Adopts Final Rules to Strengthen Auditor Independen...   SEC ADOPTS FINAL RULES TO STRENGTHEN AUDITOR INDEPENDENCE On January 28, 2003, the Securities and Exchange Commission (SEC), consistent with the direction of Section 208(a) of the Sarbanes-Oxley Act of 2002, adopted amendments to its existing requirements regarding auditor independence. These amendments enhance the independence of accountants that audit and review financial statements and prepare attestation reports filed with the SEC. More specifically, the SEC adopted rules to · revise the Akin Gump: Fraud and Abuse -- HCFA Publishes Proposed Regulations ...   Akin Gump Health Industry Alert Health Industry Alert January 23, 1998 Fraud and Abuse HCFA Publishes Proposed Regulations Interpreting Stark II More than four years after Congress enacted legislation known as "Stark II," which significantly expanded the Medicare Act's prohibitions on physician self-referrals, the Health Care Financing Administration has published proposed regulations interpreting the law's requirements. As enacted in 1989, section 1877 of the Social Security Act, commonly known Ballard Spahr: INDOPCO Guidance at Last: IRS Issues Final Regulations ...   In INDOPCO, the Supreme Court held that payments resulting in a “significant future benefit” must be capitalized, rather than deducted currently. In the years following INDOPCO, the IRS aggressively sought to push the boundaries of the significant future benefit test to include costs that taxpayers had traditionally deducted Caplin & Drysdale: Tax Court Rules (Again) on Sierra Club Affinity Card In...   Caplin ale | Articles Tax Court Rules (Again) on Sierra Club Affinity Card IncomeExempt Organization Tax Review, May 1999 Lloyd H. Mayer, Albert G. LauberThe Tax Court, per Judge Halpern, recently issued its opinion in the latest chapter of the Sierra Club litigation, deciding on remand an issue of continuing importance to nonprofit organizations: whether receipts from affinity credit card programs are tax-exempt 'royalties' under section 512(b)(2) of the Internal Revenue Code. On appeal, the Clifford Chance: Antitrust Review - May 2003   Cooley Godward: SEC Meeting: Regulation M   The proposed amendments would prohibit the acceptance of additional consideration beyond that stated in the offering document in connection with a securities offering, extend the restricted period (the period when underwriters must refrain from stimulating market activity in a security), enhance the transparency of syndicate-covering activity (for example, by requiring identification of syndicate-covering bids), eliminate use of penalty bids (contractual terms which allow the managing Curtis Mallet-Prevost: Recent Amendments to the Investment Advisers Act of 194...   ...src = "pix/sidenav_profile_on.gif"; var profile = new Image; profile. src = "pix/sidenav_profile.gif"; var practiceon = new Image; practiceon Curtis Mallet-Prevost: NAFTA's Rules of Origin   ...src = "pix/sidenav_profile_on.gif"; var profile = new Image; profile. src = "pix/sidenav_profile.gif"; var practiceon = new Image; practiceon Fox Rothschild: PA Tenants by the Entireties Assets -- Impact of IRS Fe...   TAX AND ESTATES DEPARTMENT. PA TENANTS BY THE ENTIRETIES ASSETS -- IMPACT OF IRS FEDERAL TAX LIEN US V. CRAFT (US SUPREME COURT) Gray Cary: Comparison of NYSE and Nasdaq Rules Requiring Sharehold...   ...writeln('\'This includes all versions of IE4 and beyond and some versions of IE 3. writeln('Dim WM_detect_through_vb'); document Honigman Miller: Court Ruling Shows That PRP Group Accounting Can Be Con...   At the ideal Superfund site, all potentially responsible parties (PRPs) would form a single PRP Group at one time, members would all remain in the Group from beginning to end, and would not be divided into different classes. Some members withdraw, declare bankruptcy, negotiate separate settlements with the government, or join late after being forced to do so by a lawsuit Hughes Hubbard: How United States Export Controls Affect Canadian Expor...   ...writeln('\'This includes all versions of IE4 and beyond and some versions of IE 3. writeln('Dim WM_detect_through_vb'); document Sidley Austin: Human Subject Research: The HIPAA Issues   Re: Final Treasury Regulations Relating to Reopenings of Debt Issues. On January 11, 2001, the Internal Revenue Service ("IRS") issued the long-awaited final regulations (the "Final Regulations") on debt reopenings Sidley Austin: Market Regulation Alert - November 5. 2003   On October 24, 2003, the Securities and Exchange Commission (the "SEC") approved proposed Rule 2790 of the National Association of Securities Dealers,Inc. The New Rule will become effective upon the publication of the New Rule in a Notice to Members ("NTM") to be issued by the NASD. The NASD is required to publish such NTM not later than 60 days following the date of the SEC's approval of the New Rule (that is, by December 23, 2003) Stroock: Standards Relating to Listed Company Audit Committees (...   These requirements relate to: the independence of audit committee members; the audit committee's responsibility to select and oversee the issuer's independent accountant; procedures for handling complaints regarding the issuer's accounting practices; the authority of the audit committee to engage advisors; and funding for the independent auditor and any outside advisors engaged by the audit committee. The rule implements the requirements of Section 10A(m)(1) of the Securities Exchange Act of Stroock: SEC Adopts Rules Strengthening Auditor Independence   Commission Adopts Rules Strengthening Auditor Independence; Press Release 2003-9 Home | Previous Page Commission Adopts Rules Strengthening Auditor Independence FOR IMMEDIATE RELEASE 2003-9 Washington, D.C., January 22, 2003 The Securities and Exchange Commission today voted to adopt rules to fulfill the mandate of Title II of the Sarbanes-Oxley Act of 2002, strengthen auditor independence and require additional disclosures to investors about the services provided to issuers by the independent Stroock: "Significant Amendments to the Regulatory Regime f...   ...("CFTC") has issued a series of major amendments to its rules under the Commodity Exchange Act ("CEA") governing the activities of commodity pool operators (each, a "CPO") and commodity trading advisors (each, a "CTA"). These amendments include:(i) the elimination of the restrictions on commodity interest trading that previously were prerequisites to qualification for the CPO exclusion available under CFTC Rule 4 Testa: NASD Proposes Rule Change for Hot Issues:   TH&T | Publications | Article Search Results A:link {color:"#003399"; text-decoration: none; } A:visited {color:"#003399"; text-decoration: none } A:hover {color:"red"; background: "#FFFFCC";} 0t. The NASD stated that the proposed rule is “designed to protect the integrity of the public offering process by ensuring that member firms make a bona fide public offering of securities at the public offering price and that none are withheld for the firm’s benefit or to reward individuals in the Weil: The Second Circuit Sets Standards For PSLRA Sanctions   The PSLRA1 added Section 21D(c) to the Securities Exchange Act ( Exchange Act ) of 1934, which states that upon final adjudication of a securities fraud lawsuit, the court shall include in the record specific findings regarding whether parties and their attorneys have complied with Fed. But this presumption may be rebutted if the party to be sanctioned proves that (i) the sanctions award will impose an unreasonable burden IRS Changes De Minimis Cash-out Limit to $5   Prior to the Tax Relief Act of 1997 ( TRA 97 ), if the present value of any nonforfeitable accrued benefit exceeded $3,500, a plan could only provide for an immediate distribution of such accrued benefit with the consent of the participant. Effective for plan years beginning after August 5, 1997, Code Section 411(a)(11)(A) was amended to increase this involuntary cash-out limit to $5,000 December 10   On December 2, 2004, the SEC announced that in order to promote the integrity and efficiency of the US clearance and settlement system, it is adopting new Rule 17Ad-20 under the 1934 Act. The Rule prohibits registered transfer agents from effecting transfers of equity securities registered under Section 12 of the 1934 Act or equity securities that subject an issuer to reporting requirements under Section 15(d) of the 1934 Act if such securities are subject to any restrictions or prohibitions on Environmental   June 6   On May 30, 2003, the SEC extended the de minimis exemption under the ITS Plan for an additional nine months through March 4, 2004. The ITS Plan covers intermarket trade-throughs for three exchange traded funds (ETFs), the Nasdaq-100 Index, the Dow Jones Industrial Average, and the Standard & Poor’s 500 Index August 2004   We will provide you with updates of significant land use law developments. 2 of the Municipalities Planning Code (the "MPC"), the Board of Supervisors (the "Board") appointed a hearing officer, to conduct a hearing and issue a written decision "The Brownfields Amendments: New Opportunities   This two-part article describes important new amendments to the Comprehensive Environmental Response, Compensation,and LiabilityAct. The amendments alter the defenses to landowner and"generator"liability and make other changes intended to promote the cleanup and redevelopment of contaminated properties known as "brownfields." June 4   Under the new rules, each company’s annual report must contain management’s annual internal control report, consisting of management’s assessment of the effectiveness of internal controls as of the end of the company’s most recent fiscal year, as well as statements regarding management’s responsibility for establishing and maintaining adequate internal control over financial reporting, identifying the framework used by management to evaluate the effectiveness of such internal control and Employment and Labor Law Alert - July 13   Recent guidance from the U.S. Department of Labor ("DOL") appears dramatically to expand the scope of certain reporting requirements under the Labor-Management Reporting and Disclosure Act, interpreting such reporting requirements to cover virtually all businesses and entities that provide services to unions - including accounting firms, law firms, investment firms, and consulting firms. Likewise, the LMDRA requires "employers" to report payments, gifts or other financial arrangements given to February 21   The amendments alter both the defined terms used in the bank exception to dealer registration for asset-backed transactions and the exemption for banks from dealer registration for a de minimis number of riskless principal transactions. The amendments also create a new exemption for banks from the definition of "broker" and "dealer" for certain securities lending transactions February 18   The amendments alter both the defined terms used in the bank exception to dealer registration for asset-backed transactions and the exemption for banks from dealer registration for a de minimis number of riskless principal transactions. The amendments also create a new exemption for banks from the definition of "broker" and "dealer" for certain securities lending transactions Government Relations Update - April 15   GOVERNMENT RELATIONS UPDATE New Federal Election Commission Proposed Rules to Affect Upcoming National Party Conventions. The Federal Election Commission (the "FEC" or the "Commission") recently released proposed rules implementing the Bipartisan Campaign Reform Act ("BCRA") as it pertains to national party nominating conventions International Trade Update - January 21   ...length -1]; if (fscontrolTP.site_pn == '') {fscontrolTP.site_pn = 'Default'}; fscontrolTP.site_pn += location. length-2] }; fscontrolTP.flrollup_enabled=true; fscontrolTP.flrollup_default_pn="SITE PAGE"; fscontrolTP.flrollup_default_pc="PAGES"; fscontrolTP.flrollup_mlc="/2570287/vorysNET/" + location Market Regulation Alert - October 14   At an open meeting held October 13, 2004, the Securities and Exchange Commission (SEC) voted to propose amendments to Regulation M under the Securities Exchange Act of 1934, as amended (the Exchange Act), that are directed at market activities that "undermine the integrity and fairness of the offering process." The proposed amendments,which particularly focus on initial public offerings (IPOs), are also intended to improve the transparency of the underwriters' aftermarket activities. In order to "Auditors and Audit Committees: New Disclosures   On January 28, the SEC published final rules under Section 208 of the Sarbanes-Oxley Act that require additional disclosure concerning services provided by, and fees paid to, a public company's outside auditor and provide for specified types of communications between a company's audit committee and its auditor. The new rules, which are described in Release No. 34-47265, will be effective on May 6, 2003, but application of the rules will be subject to the transition provisions described below In_Sites   Gibbons Del Deo Dolan Griffinger and Vecchione Ideas and Issues to Broaden Perspectives on Development In-Sites The Newsletter for Clients and Friends of the Firm Gibbons, Del Deo Dolan Griffinger ione A PROFESSIONAL CORPORATION The Real Properties Group Real Estate - Land Use/Permitting - Environmental Construction - Condemnation ppeals One Riverfront Plaza Newark, New Jersey 07102-5497 (973) 596-4500 - Fax: (973) 596-0545 1633 Broadway New York, New York 10019 (212) 649-4700 - Fax: (212) Bulletin 00-17   February 7   On January 28, 2003, in accordance with the Sarbanes-Oxley Act, the SEC posted final rules regarding auditor independence and disclosure. For a more detailed explanation, please refer to the January 24, 2003 edition of Legal Update or visit the SEC website at http://www Securities Law Alert - February 11   SARBANES-OXLEY ACT OF 2002 SEC'S FINAL RULES ON AUDITOR INDEPENDENCE. The SEC has adopted final rules to "enhance the independence of accountants that audit and review financial statements and prepare attestation reports" filed with the SEC. The final rules contain much of the substance that was included in the proposed rules that the SEC published in this area Know Your Options as a Employer   ATTORNEYS: Jeffrey P. Clark John H. Zawadsky Robert K. Sholl Lynn M. Stathas Donald P. Gallo David J. Sisson Raymond M. Roder Christopher P. Banaszak Carolyn A. Sullivan John G. Pawley Robert J. Muten Daryll J. Neuser Kirstin A. Goetz Martin A. Machtan 1000 North Water Street P.O. Box 2965 Milwaukee, Wisconsin 53201-2965 414-298-1000 800-553-6215 22 East Mifflin Street P.O. Box 2018 Madison, Wisconsin 53701-2018 608-229-2200 800-728-6239 W233 N2080 Ridgeview Parkway P.O. Box 2265 Waukesha, February 2004; Volume 2   Welcome to the The Quadrangle, Fox Rothschild's legal briefing devoted to issues of concern to administrators and others in colleges and institutions of higher education. The regulations promulgated under Section 501(c)(3) of the Internal Revenue Code provide that the activities that constitute participation in a political campaign include, but are not limited to, the publication or distribution of written or printed statements or the making of verbal statements on behalf of or in opposition to %202004).pdf   ...com Home Links Sitewide Keyword Search Search About Seyfarth Shaw Firm Overview Core Values Community Involvement Diversity Affiliations Offices Attorneys Practice Areas Industries Financial Services Health Care Hospitality Insurance Media Professional Services Retail Technology and Emerging Growth Telecommunications Results News & Publications Events Seminars Speaking Engagements Sponsored Events Careers Atlanta Boston Chicago Houston Los Angeles New York Sacramento San Francisco Washington DC Hire Authority Volume 2   According to two recent decisions by Texas courts, the answer is no, as long as the time spent on these activities is minimal. In Anderson v. Pilgrim's Pride Corp., current and former employees of Pilgrim's Pride, a chicken processing and distribution company, sued for violations of the Fair Labor Standards Act 06-15-05: Integra Lifesciences I   Only in limited circumstances are activities which would otherwise fall under this definition of infringement not held to be infringement. An example is in the safe harbor provision of 35 U.S.C.§271(e)(1), which provides that acts of infringement are exempt from liability if the act is "solely for uses reasonably related to the development and submission of information under a Federal law which regulates the manufacture, use, or sale of drugs or veterinary biological products" 07-01-00: IP Update   There must be additional evidence that the accused infringer actually practiced the patented method. The Court also held that any commercial use of a patented method obviates the de minimis or experimental use exceptions to infringement 07-01-00: IP Update   There must be additional evidence that the accused infringer actually practiced the patented method. The Court also held that any commercial use of a patented method obviates the de minimis or experimental use exceptions to infringement : Investment Funds Alert   SEC Investigates Large Hedge Funds Proposed Changes to Pension Law Affect Deferred Comp Arrangements Changes to Advisers Act Custody Rule NASD Proposes Further Amendments to Hot Issues Rules. SEC Investigates Large Hedge Fund Managers In a speech to the Investment Company Institute on May 24, 2002, SEC Chairman Harvey Pitt announced that the SEC would undertake a fact-finding investigation of the hedge fund industry : Definition of Terms re: Banks   Proposed Rule: Definition of Terms in and Specific Exemptions for Banks, Savings Associations, and Savings Banks Under Sections 3(a)(4) and 3(a)(5) of the Securities Exchange Act of 1934 Home | Previous Page Proposed Rule: Definition of Terms in and Specific Exemptions for Banks, Savings Associations, and Savings Banks Under Sections 3(a)(4) and 3(a)(5) of the Securities Exchange Act of 1934 SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 240 [Release No. 34-46745; File No. S7-41-02] RIN : European IP Bulletin   The Community Patent Duncan Curley of McDermott Will & Emery's London office gives an overview of the proposed European Community Patent which businesses should be able to apply for within five years. Simone Blakeney of McDermott Will & Emery's London office discusses the implications of these idiosyncrasies and their elimination by the proposed Community Patent Court : Of Merchandise   The cost of the goods themselves must be capitalized but taxpayers may elect to exclude them from formal inventory accounting and treat them as "materials and supplies." The IRS has thus taken a significant step toward responding to the outcry arising from the agency's application of the existing rules under section 446 governing sellers of "merchandise" to taxpayers not in traditional wholesaling and retailing businesses. In doing so, it has also provided a practical solution to a recurring Akerman Senterfitt: The Sarbanes-Oxley Act of 2002 and Its Impact on Health...   Fort Lauderdale Jacksonville Miami Orlando Tallahassee Tampa Tavares West Palm Beach. A Code of Ethics should be established for principal executive and financial officers Akin Gump: SEC Adopts Final Rules to Strengthen Auditor Independen...   SEC ADOPTS FINAL RULES TO STRENGTHEN AUDITOR INDEPENDENCE On January 28, 2003, the Securities and Exchange Commission (SEC), consistent with the direction of Section 208(a) of the Sarbanes-Oxley Act of 2002, adopted amendments to its existing requirements regarding auditor independence. These amendments enhance the independence of accountants that audit and review financial statements and prepare attestation reports filed with the SEC. More specifically, the SEC adopted rules to · revise the Ballard Spahr: INDOPCO Guidance at Last: IRS Issues Final Regulations ...   In INDOPCO, the Supreme Court held that payments resulting in a “significant future benefit” must be capitalized, rather than deducted currently. In the years following INDOPCO, the IRS aggressively sought to push the boundaries of the significant future benefit test to include costs that taxpayers had traditionally deducted Blank Rome: Economic Sanctions Update: Door Opens to U.S. Business ...   In April, the United States substantially reduced restrictions on trade with Libya. In addition, over the past several months, many additional individuals and entities have been designated as subject to trade sanctions, and the Secretary of Homeland Security has been granted authority to take various measures to prevent the unauthorized entry of vessels into Cuban territorial waters Caplin & Drysdale: Tax Court Rules (Again) on Sierra Club Affinity Card In...   Caplin ale | Articles Tax Court Rules (Again) on Sierra Club Affinity Card IncomeExempt Organization Tax Review, May 1999 Lloyd H. Mayer, Albert G. LauberThe Tax Court, per Judge Halpern, recently issued its opinion in the latest chapter of the Sierra Club litigation, deciding on remand an issue of continuing importance to nonprofit organizations: whether receipts from affinity credit card programs are tax-exempt 'royalties' under section 512(b)(2) of the Internal Revenue Code. On appeal, the Cooley Godward: Proposed New Nasdaq Exemption to Shareholder Approval R...   Cooley Godward LLP | News cations | In The News | Proposed New Nasdaq Exemption to Shareholder Approval Requirements Advanced Search Search Help In The News Recent HeadlinesAnnual ReviewsCooley AlertsAlerts Sign UpIn The NewsPress Releases 30 Aug 2004Proposed New Nasdaq Exemption to Shareholder Approval RequirementsBy: Cydney Posner The SEC has now posted a proposed new de minimis exception from the shareholder approval requirements for sales to officers, directors, employees or consultants as Cooley Godward: SEC Meeting: Regulation M   The proposed amendments would prohibit the acceptance of additional consideration beyond that stated in the offering document in connection with a securities offering, extend the restricted period (the period when underwriters must refrain from stimulating market activity in a security), enhance the transparency of syndicate-covering activity (for example, by requiring identification of syndicate-covering bids), eliminate use of penalty bids (contractual terms which allow the managing Curtis Mallet-Prevost: Recent Amendments to the Investment Advisers Act of 194...   ...src = "pix/sidenav_profile_on.gif"; var profile = new Image; profile. src = "pix/sidenav_profile.gif"; var practiceon = new Image; practiceon Curtis Mallet-Prevost: NAFTA's Rules of Origin   ...src = "pix/sidenav_profile_on.gif"; var profile = new Image; profile. src = "pix/sidenav_profile.gif"; var practiceon = new Image; practiceon Epstein Becker & Green: PDF   NEW DOL INTERPRETATION IMPOSES REPORTING REQUIREMENTS UPON SERVICE PROVIDERS WITH RESPECT TO ENTERTAINMENT AND OTHER EXPENDITURES ON BEHALF OF UNION TRUSTEES OF TAFT-HARTLEY AND OTHER UNION FUNDS The Labor-Management Reporting and Disclosure Act imposes certain public disclosure requirements on employers who makes direct or indirect payments to any labor union or officer or employee thereof. "Payment" includes money, loans and other things of value, whether made directly or indirectly Fox Rothschild: PA Tenants by the Entireties Assets -- Impact of IRS Fe...   TAX AND ESTATES DEPARTMENT. PA TENANTS BY THE ENTIRETIES ASSETS -- IMPACT OF IRS FEDERAL TAX LIEN US V. CRAFT (US SUPREME COURT) Gray Cary: Comparison of NYSE and Nasdaq Rules Requiring Sharehold...   ...writeln('\'This includes all versions of IE4 and beyond and some versions of IE 3. writeln('Dim WM_detect_through_vb'); document Honigman Miller: Court Ruling Shows That PRP Group Accounting Can Be Con...   At the ideal Superfund site, all potentially responsible parties (PRPs) would form a single PRP Group at one time, members would all remain in the Group from beginning to end, and would not be divided into different classes. Some members withdraw, declare bankruptcy, negotiate separate settlements with the government, or join late after being forced to do so by a lawsuit Hughes Hubbard: How United States Export Controls Affect Canadian Expor...   ...writeln('\'This includes all versions of IE4 and beyond and some versions of IE 3. writeln('Dim WM_detect_through_vb'); document Kilpatrick Stockton: REMIC QUALIFICATION???Why do we care?   This mandate is typically provided for in the related pooling and servicing agreements ("PSAs") that govern particular securitizations. Rather, the tax consequences of the REMIC flow through to the holder of the REMIC's residual interest much like partners in a partnership or members of a limited liability company Sidley Austin: Final Treasury Regulations Relating to Reopenings of De...   Re: Final Treasury Regulations Relating to Reopenings of Debt Issues. On January 11, 2001, the Internal Revenue Service ("IRS") issued the long-awaited final regulations (the "Final Regulations") on debt reopenings Sidley Austin: Foreign Investment Company Exemption   NASD Rule 2790(a) prohibits NASD members and their associated persons from selling "new issues," essentially IPOs of equity securities,to accounts in which certain classes of "restricted persons" have a "beneficial interest" (as such terms are defined in Rule 2790). NASD Rule 2790(c) sets forth various exemptions from the application of Rule 2790(a),including an exemption for "[a]n investment company organized under the laws of a foreign jurisdiction,provided that (A) the investment company is Sidley Austin: Market Regulation Alert - November 5. 2003   On October 24, 2003, the Securities and Exchange Commission (the "SEC") approved proposed Rule 2790 of the National Association of Securities Dealers,Inc. The New Rule will become effective upon the publication of the New Rule in a Notice to Members ("NTM") to be issued by the NASD. The NASD is required to publish such NTM not later than 60 days following the date of the SEC's approval of the New Rule (that is, by December 23, 2003) Stroock: Standards Relating to Listed Company Audit Committees (...   These requirements relate to: the independence of audit committee members; the audit committee's responsibility to select and oversee the issuer's independent accountant; procedures for handling complaints regarding the issuer's accounting practices; the authority of the audit committee to engage advisors; and funding for the independent auditor and any outside advisors engaged by the audit committee. The rule implements the requirements of Section 10A(m)(1) of the Securities Exchange Act of Stroock: SEC Adopts Rules Strengthening Auditor Independence   Commission Adopts Rules Strengthening Auditor Independence; Press Release 2003-9 Home | Previous Page Commission Adopts Rules Strengthening Auditor Independence FOR IMMEDIATE RELEASE 2003-9 Washington, D.C., January 22, 2003 The Securities and Exchange Commission today voted to adopt rules to fulfill the mandate of Title II of the Sarbanes-Oxley Act of 2002, strengthen auditor independence and require additional disclosures to investors about the services provided to issuers by the independent Testa: NASD Proposes Rule Change for Hot Issues:   TH&T | Publications | Article Search Results A:link {color:"#003399"; text-decoration: none; } A:visited {color:"#003399"; text-decoration: none } A:hover {color:"red"; background: "#FFFFCC";} 0t. The NASD stated that the proposed rule is “designed to protect the integrity of the public offering process by ensuring that member firms make a bona fide public offering of securities at the public offering price and that none are withheld for the firm’s benefit or to reward individuals in the Weil: The Second Circuit Sets Standards For PSLRA Sanctions   The PSLRA1 added Section 21D(c) to the Securities Exchange Act ( Exchange Act ) of 1934, which states that upon final adjudication of a securities fraud lawsuit, the court shall include in the record specific findings regarding whether parties and their attorneys have complied with Fed. But this presumption may be rebutted if the party to be sanctioned proves that (i) the sanctions award will impose an unreasonable burden December 10   On December 2, 2004, the SEC announced that in order to promote the integrity and efficiency of the US clearance and settlement system, it is adopting new Rule 17Ad-20 under the 1934 Act. The Rule prohibits registered transfer agents from effecting transfers of equity securities registered under Section 12 of the 1934 Act or equity securities that subject an issuer to reporting requirements under Section 15(d) of the 1934 Act if such securities are subject to any restrictions or prohibitions on Environmental   ...value = selectedName; if (selectedName == "shortcut") { var selectedIndex = document. selectedIndex; if (selectedIndex 0t June 6   On May 30, 2003, the SEC extended the de minimis exemption under the ITS Plan for an additional nine months through March 4, 2004. The ITS Plan covers intermarket trade-throughs for three exchange traded funds (ETFs), the Nasdaq-100 Index, the Dow Jones Industrial Average, and the Standard & Poor’s 500 Index August 2004   We will provide you with updates of significant land use law developments. 2 of the Municipalities Planning Code (the "MPC"), the Board of Supervisors (the "Board") appointed a hearing officer, to conduct a hearing and issue a written decision ?Tis Once Again the Season To Be Jolly   BY JOE REEDER AND DAVID T. HICKEY t is that time of year again when experts and pundits issue their annual holiday advice on assorted topics from toy purchases, to stress management tips, how to deal with visiting family and see those New Year's resolutions through. It also a time when the Defense Department's Standards of Conduct Office, agency ethics officials and corporate ethics officers issue guidance and emphasize the rules governing partying and gift giving between contractors and their June 4   Under the new rules, each company’s annual report must contain management’s annual internal control report, consisting of management’s assessment of the effectiveness of internal controls as of the end of the company’s most recent fiscal year, as well as statements regarding management’s responsibility for establishing and maintaining adequate internal control over financial reporting, identifying the framework used by management to evaluate the effectiveness of such internal control and Employment and Labor Law Alert - July 13   Recent guidance from the U.S. Department of Labor ("DOL") appears dramatically to expand the scope of certain reporting requirements under the Labor-Management Reporting and Disclosure Act, interpreting such reporting requirements to cover virtually all businesses and entities that provide services to unions - including accounting firms, law firms, investment firms, and consulting firms. Likewise, the LMDRA requires "employers" to report payments, gifts or other financial arrangements given to February 21   The amendments alter both the defined terms used in the bank exception to dealer registration for asset-backed transactions and the exemption for banks from dealer registration for a de minimis number of riskless principal transactions. The amendments also create a new exemption for banks from the definition of "broker" and "dealer" for certain securities lending transactions Employment and Labor Alert - December 5   The U.S. Department of Labor ("DOL") has released an Advisory regarding the scope of certain reporting requirements under the Labor-Management Reporting and Disclosure Act, and establishing a "grace period" with respect to them. Likewise, the LMRDA requires "employers" to report payments, gifts or other financial arrangements given to or made with any union or any union officer, agent, shop steward, or other representative or union employee (collectively "Covered Persons") February 18   The amendments alter both the defined terms used in the bank exception to dealer registration for asset-backed transactions and the exemption for banks from dealer registration for a de minimis number of riskless principal transactions. The amendments also create a new exemption for banks from the definition of "broker" and "dealer" for certain securities lending transactions Government Relations Update - April 15   GOVERNMENT RELATIONS UPDATE New Federal Election Commission Proposed Rules to Affect Upcoming National Party Conventions. The Federal Election Commission (the "FEC" or the "Commission") recently released proposed rules implementing the Bipartisan Campaign Reform Act ("BCRA") as it pertains to national party nominating conventions International Trade Update - January 21   ...length -1]; if (fscontrolTP.site_pn == '') {fscontrolTP.site_pn = 'Default'}; fscontrolTP.site_pn += location. length-2] }; fscontrolTP.flrollup_enabled=true; fscontrolTP.flrollup_default_pn="SITE PAGE"; fscontrolTP.flrollup_default_pc="PAGES"; fscontrolTP.flrollup_mlc="/2570287/vorysNET/" + location Market Regulation Alert - October 14   At an open meeting held October 13, 2004, the Securities and Exchange Commission (SEC) voted to propose amendments to Regulation M under the Securities Exchange Act of 1934, as amended (the Exchange Act), that are directed at market activities that "undermine the integrity and fairness of the offering process." The proposed amendments,which particularly focus on initial public offerings (IPOs), are also intended to improve the transparency of the underwriters' aftermarket activities. In order to In_Sites   Gibbons Del Deo Dolan Griffinger and Vecchione Ideas and Issues to Broaden Perspectives on Development In-Sites The Newsletter for Clients and Friends of the Firm Gibbons, Del Deo Dolan Griffinger ione A PROFESSIONAL CORPORATION The Real Properties Group Real Estate - Land Use/Permitting - Environmental Construction - Condemnation ppeals One Riverfront Plaza Newark, New Jersey 07102-5497 (973) 596-4500 - Fax: (973) 596-0545 1633 Broadway New York, New York 10019 (212) 649-4700 - Fax: (212) Bulletin 00-17   ...value = selectedName; if (selectedName == "shortcut") { var selectedIndex = document. selectedIndex; if (selectedIndex 0t February 7   On January 28, 2003, in accordance with the Sarbanes-Oxley Act, the SEC posted final rules regarding auditor independence and disclosure. For a more detailed explanation, please refer to the January 24, 2003 edition of Legal Update or visit the SEC website at http://www Securities Law Alert - February 11   SARBANES-OXLEY ACT OF 2002 SEC'S FINAL RULES ON AUDITOR INDEPENDENCE. The SEC has adopted final rules to "enhance the independence of accountants that audit and review financial statements and prepare attestation reports" filed with the SEC. The final rules contain much of the substance that was included in the proposed rules that the SEC published in this area %202004).pdf   ...com Home Links Sitewide Keyword Search Search About Seyfarth Shaw Firm Overview Core Values Community Involvement Diversity Affiliations Offices Attorneys Practice Areas Industries Financial Services Health Care Hospitality Insurance Media Professional Services Retail Technology and Emerging Growth Telecommunications Results News & Publications Events Seminars Speaking Engagements Careers Atlanta Boston Chicago Houston Los Angeles New York Sacramento San Francisco Washington DC Brussels Health Law May 2001; Volume 6   Federal Government Targets Fraud Enforcement Against Prescription Drug Manufacturers, Pharmacy Benefit Managers and Drug Marketers Are You Really Ready for FDA Approval. Coverage ursement for Medical Devices Final Stark II Phase I Regulations: Hidden Traps Final Stark II Phase I Regulations: Hidden Traps HCFA issued its long-awaited "final" Stark II regulations January 4, 2001 (Final Stark II Phase I Regulations) Know Your Options as a Employer   ATTORNEYS: Jeffrey P. Clark John H. Zawadsky Robert K. Sholl Lynn M. Stathas Donald P. Gallo David J. Sisson Raymond M. Roder Christopher P. Banaszak Carolyn A. Sullivan John G. Pawley Robert J. Muten Daryll J. Neuser Kirstin A. Goetz Martin A. Machtan 1000 North Water Street P.O. Box 2965 Milwaukee, Wisconsin 53201-2965 414-298-1000 800-553-6215 22 East Mifflin Street P.O. Box 2018 Madison, Wisconsin 53701-2018 608-229-2200 800-728-6239 W233 N2080 Ridgeview Parkway P.O. Box 2265 Waukesha, February 2004; Volume 2   Welcome to the The Quadrangle, Fox Rothschild's legal briefing devoted to issues of concern to administrators and others in colleges and institutions of higher education. The regulations promulgated under Section 501(c)(3) of the Internal Revenue Code provide that the activities that constitute participation in a political campaign include, but are not limited to, the publication or distribution of written or printed statements or the making of verbal statements on behalf of or in opposition to Employment and Labor Alert - November 16   EMPLOYMENT AND LABOR U.S. Supreme Court Rules that Certain Walking and Waiting Time Related to Donning and Doffing Required Protective Gear is Compensable under Fair Labor Standards Act. v. Alvarez (U.S.No.03-1238) that the time certain non-exempt meatpacking and poultry processing employees spend walking between a changing area and a production area is compensable time under the Fair Labor Standards Act ("FLSA") when the walking occurs after the employee changes into,or before the employee Hire Authority Volume 2   According to two recent decisions by Texas courts, the answer is no, as long as the time spent on these activities is minimal. In Anderson v. Pilgrim's Pride Corp., current and former employees of Pilgrim's Pride, a chicken processing and distribution company, sued for violations of the Fair Labor Standards Act 06-15-05: Integra Lifesciences I   Only in limited circumstances are activities which would otherwise fall under this definition of infringement not held to be infringement. An example is in the safe harbor provision of 35 U.S.C.§271(e)(1), which provides that acts of infringement are exempt from liability if the act is "solely for uses reasonably related to the development and submission of information under a Federal law which regulates the manufacture, use, or sale of drugs or veterinary biological products" 07-01-00: IP Update   There must be additional evidence that the accused infringer actually practiced the patented method. The Court also held that any commercial use of a patented method obviates the de minimis or experimental use exceptions to infringement 07-01-00: IP Update   There must be additional evidence that the accused infringer actually practiced the patented method. The Court also held that any commercial use of a patented method obviates the de minimis or experimental use exceptions to infringement : Investment Funds Alert   SEC Investigates Large Hedge Funds Proposed Changes to Pension Law Affect Deferred Comp Arrangements Changes to Advisers Act Custody Rule NASD Proposes Further Amendments to Hot Issues Rules. SEC Investigates Large Hedge Fund Managers In a speech to the Investment Company Institute on May 24, 2002, SEC Chairman Harvey Pitt announced that the SEC would undertake a fact-finding investigation of the hedge fund industry : Definition of Terms re: Banks   Proposed Rule: Definition of Terms in and Specific Exemptions for Banks, Savings Associations, and Savings Banks Under Sections 3(a)(4) and 3(a)(5) of the Securities Exchange Act of 1934 Home | Previous Page Proposed Rule: Definition of Terms in and Specific Exemptions for Banks, Savings Associations, and Savings Banks Under Sections 3(a)(4) and 3(a)(5) of the Securities Exchange Act of 1934 SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 240 [Release No. 34-46745; File No. S7-41-02] RIN : European IP Bulletin   The Community Patent Duncan Curley of McDermott Will & Emery's London office gives an overview of the proposed European Community Patent which businesses should be able to apply for within five years. Simone Blakeney of McDermott Will & Emery's London office discusses the implications of these idiosyncrasies and their elimination by the proposed Community Patent Court : Of Merchandise   The cost of the goods themselves must be capitalized but taxpayers may elect to exclude them from formal inventory accounting and treat them as "materials and supplies." The IRS has thus taken a significant step toward responding to the outcry arising from the agency's application of the existing rules under section 446 governing sellers of "merchandise" to taxpayers not in traditional wholesaling and retailing businesses. In doing so, it has also provided a practical solution to a recurring Akerman Senterfitt: The Sarbanes-Oxley Act of 2002 and Its Impact on Health...   Fort Lauderdale Jacksonville Miami Orlando Tallahassee Tampa Tavares West Palm Beach. A Code of Ethics should be established for principal executive and financial officers Akin Gump: SEC Adopts Final Rules to Strengthen Auditor Independen...   SEC ADOPTS FINAL RULES TO STRENGTHEN AUDITOR INDEPENDENCE On January 28, 2003, the Securities and Exchange Commission (SEC), consistent with the direction of Section 208(a) of the Sarbanes-Oxley Act of 2002, adopted amendments to its existing requirements regarding auditor independence. These amendments enhance the independence of accountants that audit and review financial statements and prepare attestation reports filed with the SEC. More specifically, the SEC adopted rules to · revise the Ballard Spahr: INDOPCO Guidance at Last: IRS Issues Final Regulations ...   In INDOPCO, the Supreme Court held that payments resulting in a “significant future benefit” must be capitalized, rather than deducted currently. In the years following INDOPCO, the IRS aggressively sought to push the boundaries of the significant future benefit test to include costs that taxpayers had traditionally deducted Blank Rome: Economic Sanctions Update: Door Opens to U.S. Business ...   In April, the United States substantially reduced restrictions on trade with Libya. In addition, over the past several months, many additional individuals and entities have been designated as subject to trade sanctions, and the Secretary of Homeland Security has been granted authority to take various measures to prevent the unauthorized entry of vessels into Cuban territorial waters Cooley Godward: Proposed New Nasdaq Exemption to Shareholder Approval R...   Cooley Godward LLP | News cations | In The News | Proposed New Nasdaq Exemption to Shareholder Approval Requirements Advanced Search Search Help In The News Recent HeadlinesAnnual ReviewsCooley AlertsAlerts Sign UpIn The NewsPress Releases 30 Aug 2004Proposed New Nasdaq Exemption to Shareholder Approval RequirementsBy: Cydney Posner The SEC has now posted a proposed new de minimis exception from the shareholder approval requirements for sales to officers, directors, employees or consultants as Cooley Godward: SEC Meeting: Regulation M   The proposed amendments would prohibit the acceptance of additional consideration beyond that stated in the offering document in connection with a securities offering, extend the restricted period (the period when underwriters must refrain from stimulating market activity in a security), enhance the transparency of syndicate-covering activity (for example, by requiring identification of syndicate-covering bids), eliminate use of penalty bids (contractual terms which allow the managing Curtis Mallet-Prevost: Recent Amendments to the Investment Advisers Act of 194...   ...src = "pix/sidenav_profile_on.gif"; var profile = new Image; profile. src = "pix/sidenav_profile.gif"; var practiceon = new Image; practiceon Curtis Mallet-Prevost: NAFTA's Rules of Origin   ...src = "pix/sidenav_profile_on.gif"; var profile = new Image; profile. src = "pix/sidenav_profile.gif"; var practiceon = new Image; practiceon Epstein Becker & Green: PDF   NEW DOL ENFORCEMENT INITIATIVE ON LM-10 REPORTING AIMED AT A BROAD CLASS OF EMPLOYERS Recently issued guidance from the Department of Labor (DOL) explains "[e]xcept in rare cases, every private sector business or organization within the United States that has one or more employees is considered an employer ... and thus may have reporting obligations" under the LaborManagement Reporting and Disclosure Act of 1959 ("LMRDA"). Although the DOL takes the position that all private employers have Epstein Becker & Green: PDF   NEW DOL INTERPRETATION IMPOSES REPORTING REQUIREMENTS UPON SERVICE PROVIDERS WITH RESPECT TO ENTERTAINMENT AND OTHER EXPENDITURES ON BEHALF OF UNION TRUSTEES OF TAFT-HARTLEY AND OTHER UNION FUNDS The Labor-Management Reporting and Disclosure Act imposes certain public disclosure requirements on employers who makes direct or indirect payments to any labor union or officer or employee thereof. "Payment" includes money, loans and other things of value, whether made directly or indirectly Fox Rothschild: PA Tenants by the Entireties Assets -- Impact of IRS Fe...   TAX AND ESTATES DEPARTMENT. PA TENANTS BY THE ENTIRETIES ASSETS -- IMPACT OF IRS FEDERAL TAX LIEN US V. CRAFT (US SUPREME COURT) Goodwin Procter: IRS Issues Transitional and Other Guidance Relating to ...   IRS Issues Transitional and Other Guidance Relating to New Requirements for Non-Qualified Deferred Compensation Arrangements. As was described in our October 2004 Client Alert, the recently enacted American Jobs Creation Act of 2004 added new Section 409A to the Internal Revenue Code Gray Cary: Comparison of NYSE and Nasdaq Rules Requiring Sharehold...   ...mnuItem {font-family:"MS Sans Serif", Arial, Helvetica, Tahoma, sans-serif; font-size:11px; font-weight:normal; font-style:normal; color:#000000; text-align:left; text-decoration:none; padding:3px 10px 3px 4px. mnuItemOn {font-family:"MS Sans Serif", Arial, Helvetica, Tahoma, sans-serif; font-size:11px; font-weight:normal; font-style:normal; color:#000000; text-decoration:none; padding:3px 10px 3px 4px Honigman Miller: Court Ruling Shows That PRP Group Accounting Can Be Con...   At the ideal Superfund site, all potentially responsible parties (PRPs) would form a single PRP Group at one time, members would all remain in the Group from beginning to end, and would not be divided into different classes. Some members withdraw, declare bankruptcy, negotiate separate settlements with the government, or join late after being forced to do so by a lawsuit Hughes Hubbard: How United States Export Controls Affect Canadian Expor...   ...writeln('\'This includes all versions of IE4 and beyond and some versions of IE 3. writeln('Dim WM_detect_through_vb'); document Kilpatrick Stockton: REMIC QUALIFICATION???Why do we care?   This mandate is typically provided for in the related pooling and servicing agreements ("PSAs") that govern particular securitizations. Rather, the tax consequences of the REMIC flow through to the holder of the REMIC's residual interest much like partners in a partnership or members of a limited liability company Sidley Austin: Final Treasury Regulations Relating to Reopenings of De...   Re: Final Treasury Regulations Relating to Reopenings of Debt Issues. On January 11, 2001, the Internal Revenue Service ("IRS") issued the long-awaited final regulations (the "Final Regulations") on debt reopenings Sidley Austin: Foreign Investment Company Exemption   NASD Rule 2790(a) prohibits NASD members and their associated persons from selling "new issues," essentially IPOs of equity securities,to accounts in which certain classes of "restricted persons" have a "beneficial interest" (as such terms are defined in Rule 2790). NASD Rule 2790(c) sets forth various exemptions from the application of Rule 2790(a),including an exemption for "[a]n investment company organized under the laws of a foreign jurisdiction,provided that (A) the investment company is Sidley Austin: Market Regulation Alert - November 5. 2003   On October 24, 2003, the Securities and Exchange Commission (the "SEC") approved proposed Rule 2790 of the National Association of Securities Dealers,Inc. The New Rule will become effective upon the publication of the New Rule in a Notice to Members ("NTM") to be issued by the NASD. The NASD is required to publish such NTM not later than 60 days following the date of the SEC's approval of the New Rule (that is, by December 23, 2003) Stroock: Standards Relating to Listed Company Audit Committees (...   These requirements relate to: the independence of audit committee members; the audit committee's responsibility to select and oversee the issuer's independent accountant; procedures for handling complaints regarding the issuer's accounting practices; the authority of the audit committee to engage advisors; and funding for the independent auditor and any outside advisors engaged by the audit committee. The rule implements the requirements of Section 10A(m)(1) of the Securities Exchange Act of Stroock: SEC Adopts Rules Strengthening Auditor Independence   Commission Adopts Rules Strengthening Auditor Independence; Press Release 2003-9 Home | Previous Page Commission Adopts Rules Strengthening Auditor Independence FOR IMMEDIATE RELEASE 2003-9 Washington, D.C., January 22, 2003 The Securities and Exchange Commission today voted to adopt rules to fulfill the mandate of Title II of the Sarbanes-Oxley Act of 2002, strengthen auditor independence and require additional disclosures to investors about the services provided to issuers by the independent Testa: NASD Proposes Rule Change for Hot Issues:   TH&T | Publications | Article Search Results A:link {color:"#003399"; text-decoration: none; } A:visited {color:"#003399"; text-decoration: none } A:hover {color:"red"; background: "#FFFFCC";} 0t. The NASD stated that the proposed rule is “designed to protect the integrity of the public offering process by ensuring that member firms make a bona fide public offering of securities at the public offering price and that none are withheld for the firm’s benefit or to reward individuals in the IRS Changes De Minimis Cash-out Limit to $5   Prior to the Tax Relief Act of 1997 ( TRA 97 ), if the present value of any nonforfeitable accrued benefit exceeded $3,500, a plan could only provide for an immediate distribution of such accrued benefit with the consent of the participant. Effective for plan years beginning after August 5, 1997, Code Section 411(a)(11)(A) was amended to increase this involuntary cash-out limit to $5,000 December 10   On December 2, 2004, the SEC announced that in order to promote the integrity and efficiency of the US clearance and settlement system, it is adopting new Rule 17Ad-20 under the 1934 Act. The Rule prohibits registered transfer agents from effecting transfers of equity securities registered under Section 12 of the 1934 Act or equity securities that subject an issuer to reporting requirements under Section 15(d) of the 1934 Act if such securities are subject to any restrictions or prohibitions on Environmental   ...value = selectedName; if (selectedName == "shortcut") { var selectedIndex = document. selectedIndex; if (selectedIndex 0t June 6   On May 30, 2003, the SEC extended the de minimis exemption under the ITS Plan for an additional nine months through March 4, 2004. The ITS Plan covers intermarket trade-throughs for three exchange traded funds (ETFs), the Nasdaq-100 Index, the Dow Jones Industrial Average, and the Standard & Poor’s 500 Index ?Tis Once Again the Season To Be Jolly   BY JOE REEDER AND DAVID T. HICKEY t is that time of year again when experts and pundits issue their annual holiday advice on assorted topics from toy purchases, to stress management tips, how to deal with visiting family and see those New Year's resolutions through. It also a time when the Defense Department's Standards of Conduct Office, agency ethics officials and corporate ethics officers issue guidance and emphasize the rules governing partying and gift giving between contractors and their Employment and Labor Law Alert - July 13   Recent guidance from the U.S. Department of Labor ("DOL") appears dramatically to expand the scope of certain reporting requirements under the Labor-Management Reporting and Disclosure Act, interpreting such reporting requirements to cover virtually all businesses and entities that provide services to unions - including accounting firms, law firms, investment firms, and consulting firms. Likewise, the LMDRA requires "employers" to report payments, gifts or other financial arrangements given to June 4   Under the new rules, each company’s annual report must contain management’s annual internal control report, consisting of management’s assessment of the effectiveness of internal controls as of the end of the company’s most recent fiscal year, as well as statements regarding management’s responsibility for establishing and maintaining adequate internal control over financial reporting, identifying the framework used by management to evaluate the effectiveness of such internal control and February 21   The amendments alter both the defined terms used in the bank exception to dealer registration for asset-backed transactions and the exemption for banks from dealer registration for a de minimis number of riskless principal transactions. The amendments also create a new exemption for banks from the definition of "broker" and "dealer" for certain securities lending transactions Employment and Labor Alert - December 5   The U.S. Department of Labor ("DOL") has released an Advisory regarding the scope of certain reporting requirements under the Labor-Management Reporting and Disclosure Act, and establishing a "grace period" with respect to them. Likewise, the LMRDA requires "employers" to report payments, gifts or other financial arrangements given to or made with any union or any union officer, agent, shop steward, or other representative or union employee (collectively "Covered Persons") International Trade Update - January 21   ...length -1]; if (fscontrolTP.site_pn == '') {fscontrolTP.site_pn = 'Default'}; fscontrolTP.site_pn += location. length-2] }; fscontrolTP.flrollup_enabled=true; fscontrolTP.flrollup_default_pn="SITE PAGE"; fscontrolTP.flrollup_default_pc="PAGES"; fscontrolTP.flrollup_mlc="/2570287/vorysNET/" + location February 18   The amendments alter both the defined terms used in the bank exception to dealer registration for asset-backed transactions and the exemption for banks from dealer registration for a de minimis number of riskless principal transactions. The amendments also create a new exemption for banks from the definition of "broker" and "dealer" for certain securities lending transactions Government Relations Update - April 15   GOVERNMENT RELATIONS UPDATE New Federal Election Commission Proposed Rules to Affect Upcoming National Party Conventions. The Federal Election Commission (the "FEC" or the "Commission") recently released proposed rules implementing the Bipartisan Campaign Reform Act ("BCRA") as it pertains to national party nominating conventions Market Regulation Alert - October 14   At an open meeting held October 13, 2004, the Securities and Exchange Commission (SEC) voted to propose amendments to Regulation M under the Securities Exchange Act of 1934, as amended (the Exchange Act), that are directed at market activities that "undermine the integrity and fairness of the offering process." The proposed amendments,which particularly focus on initial public offerings (IPOs), are also intended to improve the transparency of the underwriters' aftermarket activities. In order to Bulletin 00-17   ...value = selectedName; if (selectedName == "shortcut") { var selectedIndex = document. selectedIndex; if (selectedIndex 0t %202004).pdf   ...com Home Seyfarth Source Links Sitewide Keyword Search Search About Seyfarth Shaw Firm Overview Core Values Community Involvement Diversity Affiliations Offices Attorneys Practice Areas Industries Results Press & News In the News Press Releases Publications Attorney Publications Management Alerts Newsletters One Minute Memos Events Seminars Speaking Engagements Careers Atlanta Boston Chicago Houston Los Angeles New York Sacramento San Francisco Washington DC Brussels Copyright. 2007 Seyfarth Know Your Options as a Employer   Employment and Labor Alert - November 16   EMPLOYMENT AND LABOR U.S. Supreme Court Rules that Certain Walking and Waiting Time Related to Donning and Doffing Required Protective Gear is Compensable under Fair Labor Standards Act. v. Alvarez (U.S.No.03-1238) that the time certain non-exempt meatpacking and poultry processing employees spend walking between a changing area and a production area is compensable time under the Fair Labor Standards Act ("FLSA") when the walking occurs after the employee changes into,or before the employee February 7   On January 28, 2003, in accordance with the Sarbanes-Oxley Act, the SEC posted final rules regarding auditor independence and disclosure. For a more detailed explanation, please refer to the January 24, 2003 edition of Legal Update or visit the SEC website at http://www Securities Law Alert - February 11   SARBANES-OXLEY ACT OF 2002 SEC'S FINAL RULES ON AUDITOR INDEPENDENCE. The SEC has adopted final rules to "enhance the independence of accountants that audit and review financial statements and prepare attestation reports" filed with the SEC. The final rules contain much of the substance that was included in the proposed rules that the SEC published in this area Hire Authority Volume 2   According to two recent decisions by Texas courts, the answer is no, as long as the time spent on these activities is minimal. In Anderson v. Pilgrim's Pride Corp., current and former employees of Pilgrim's Pride, a chicken processing and distribution company, sued for violations of the Fair Labor Standards Act 07-01-00: IP Update   There must be additional evidence that the accused infringer actually practiced the patented method. The Court also held that any commercial use of a patented method obviates the de minimis or experimental use exceptions to infringement 07-01-00: IP Update   There must be additional evidence that the accused infringer actually practiced the patented method. The Court also held that any commercial use of a patented method obviates the de minimis or experimental use exceptions to infringement : Investment Funds Alert   SEC Investigates Large Hedge Funds Proposed Changes to Pension Law Affect Deferred Comp Arrangements Changes to Advisers Act Custody Rule NASD Proposes Further Amendments to Hot Issues Rules. SEC Investigates Large Hedge Fund Managers In a speech to the Investment Company Institute on May 24, 2002, SEC Chairman Harvey Pitt announced that the SEC would undertake a fact-finding investigation of the hedge fund industry : Definition of Terms re: Banks   Proposed Rule: Definition of Terms in and Specific Exemptions for Banks, Savings Associations, and Savings Banks Under Sections 3(a)(4) and 3(a)(5) of the Securities Exchange Act of 1934 Home | Previous Page Proposed Rule: Definition of Terms in and Specific Exemptions for Banks, Savings Associations, and Savings Banks Under Sections 3(a)(4) and 3(a)(5) of the Securities Exchange Act of 1934 SECURITIES AND EXCHANGE COMMISSION 17 CFR Part 240 [Release No. 34-46745; File No. S7-41-02] RIN : European IP Bulletin   The Community Patent Duncan Curley of McDermott Will & Emery's London office gives an overview of the proposed European Community Patent which businesses should be able to apply for within five years. Simone Blakeney of McDermott Will & Emery's London office discusses the implications of these idiosyncrasies and their elimination by the proposed Community Patent Court : Of Merchandise   Akerman Senterfitt: The Sarbanes-Oxley Act of 2002 and Its Impact on Health...   Fort Lauderdale Jacksonville Miami Orlando Tallahassee Tampa Tavares West Palm Beach. A Code of Ethics should be established for principal executive and financial officers Akin Gump: SEC Adopts Final Rules to Strengthen Auditor Independen...   SEC ADOPTS FINAL RULES TO STRENGTHEN AUDITOR INDEPENDENCE On January 28, 2003, the Securities and Exchange Commission (SEC), consistent with the direction of Section 208(a) of the Sarbanes-Oxley Act of 2002, adopted amendments to its existing requirements regarding auditor independence. These amendments enhance the independence of accountants that audit and review financial statements and prepare attestation reports filed with the SEC. More specifically, the SEC adopted rules to · revise the Ballard Spahr: INDOPCO Guidance at Last: IRS Issues Final Regulations ...   In INDOPCO, the Supreme Court held that payments resulting in a “significant future benefit” must be capitalized, rather than deducted currently. In the years following INDOPCO, the IRS aggressively sought to push the boundaries of the significant future benefit test to include costs that taxpayers had traditionally deducted Blank Rome: Economic Sanctions Update: Door Opens to U.S. Business ...   Blank Rome LLP 404 var FO = { movie:"/flash/BR-nav.swf", width:"765", height:"200", majorversion:"7", build:"0",quality:"high", bgcolor:"#FFFFFF", flashvars:"l=%2Fflash%2Fnav.xmlrl=%2Fflash%2FimageXML%2FhomeImages.xml"}; UFO.create(FO, "ufoDemo"); 404 File Not Found Thank you for your interest in Blank Rome. In May 2006 we launched a new web site and the page you are trying to access is of the former site Caplin & Drysdale: Tax Court Rules (Again) on Sierra Club Affinity Card In...   ...indexOf("news") -1) strSection = '/newsevents/List. indexOf("people") -1) strSection = '/professionals/List Cooley Godward: Proposed New Nasdaq Exemption to Shareholder Approval R...   Cooley Godward Kronish LLP | News cations | In The News | Proposed New Nasdaq Exemption to Shareholder Approval Requirements Advanced Search Search Help In The News Recent HeadlinesAnnual ReviewsCooley AlertsAlerts Sign UpIn The NewsPress ReleasesCooley Publications Emily Foley-- Ashley Kanigher 08/30/04Proposed New Nasdaq Exemption to Shareholder Approval RequirementsBy: Cydney Posner The SEC has now posted a proposed new de minimis exception from the shareholder approval requirements for Cooley Godward: SEC Meeting: Regulation M   The proposed amendments would prohibit the acceptance of additional consideration beyond that stated in the offering document in connection with a securities offering, extend the restricted period (the period when underwriters must refrain from stimulating market activity in a security), enhance the transparency of syndicate-covering activity (for example, by requiring identification of syndicate-covering bids), eliminate use of penalty bids (contractual terms which allow the managing Curtis Mallet-Prevost: Recent Amendments to the Investment Advisers Act of 194...   ...src = "pix/sidenav_profile_on.gif"; var profile = new Image; profile. src = "pix/sidenav_profile.gif"; var practiceon = new Image; practiceon Curtis Mallet-Prevost: NAFTA's Rules of Origin   ...src = "pix/sidenav_profile_on.gif"; var profile = new Image; profile. src = "pix/sidenav_profile.gif"; var practiceon = new Image; practiceon Epstein Becker & Green: PDF   NEW DOL ENFORCEMENT INITIATIVE ON LM-10 REPORTING AIMED AT A BROAD CLASS OF EMPLOYERS Recently issued guidance from the Department of Labor (DOL) explains "[e]xcept in rare cases, every private sector business or organization within the United States that has one or more employees is considered an employer ... and thus may have reporting obligations" under the LaborManagement Reporting and Disclosure Act of 1959 ("LMRDA"). Although the DOL takes the position that all private employers have Epstein Becker & Green: PDF   NEW DOL INTERPRETATION IMPOSES REPORTING REQUIREMENTS UPON SERVICE PROVIDERS WITH RESPECT TO ENTERTAINMENT AND OTHER EXPENDITURES ON BEHALF OF UNION TRUSTEES OF TAFT-HARTLEY AND OTHER UNION FUNDS The Labor-Management Reporting and Disclosure Act imposes certain public disclosure requirements on employers who makes direct or indirect payments to any labor union or officer or employee thereof. "Payment" includes money, loans and other things of value, whether made directly or indirectly Gray Cary: Comparison of NYSE and Nasdaq Rules Requiring Sharehold...   DLA Piper var ImageRoot = '/FCWSite/Img'; var SiteRoot = ''; var CultureRoot = ''; English » Czech » Español » Français » Italiano » magyar » Nederlands » руÑ?Ñ?кий Careers and Recruiting | Media | Alumni Locations GLOBAL People | Services | Publications | Events | About Us window. writeln('\'This includes all versions of IE4 and beyond and some versions of IE 3 Honigman Miller: Court Ruling Shows That PRP Group Accounting Can Be Con...   At the ideal Superfund site, all potentially responsible parties (PRPs) would form a single PRP Group at one time, members would all remain in the Group from beginning to end, and would not be divided into different classes. Some members withdraw, declare bankruptcy, negotiate separate settlements with the government, or join late after being forced to do so by a lawsuit Hughes Hubbard: How United States Export Controls Affect Canadian Expor...   ...writeln('\'This includes all versions of IE4 and beyond and some versions of IE 3. writeln('Dim WM_detect_through_vb'); document Kilpatrick Stockton: REMIC QUALIFICATION???Why do we care?   This mandate is typically provided for in the related pooling and servicing agreements ("PSAs") that govern particular securitizations. Rather, the tax consequences of the REMIC flow through to the holder of the REMIC's residual interest much like partners in a partnership or members of a limited liability company Sidley Austin: Human Subject Research: The HIPAA Issues   Re: Final Treasury Regulations Relating to Reopenings of Debt Issues. On January 11, 2001, the Internal Revenue Service ("IRS") issued the long-awaited final regulations (the "Final Regulations") on debt reopenings Sidley Austin: Foreign Investment Company Exemption   NASD Rule 2790(a) prohibits NASD members and their associated persons from selling "new issues," essentially IPOs of equity securities,to accounts in which certain classes of "restricted persons" have a "beneficial interest" (as such terms are defined in Rule 2790). NASD Rule 2790(c) sets forth various exemptions from the application of Rule 2790(a),including an exemption for "[a]n investment company organized under the laws of a foreign jurisdiction,provided that (A) the investment company is Sidley Austin: Market Regulation Alert - November 5. 2003   On October 24, 2003, the Securities and Exchange Commission (the "SEC") approved proposed Rule 2790 of the National Association of Securities Dealers,Inc. The New Rule will become effective upon the publication of the New Rule in a Notice to Members ("NTM") to be issued by the NASD. The NASD is required to publish such NTM not later than 60 days following the date of the SEC's approval of the New Rule (that is, by December 23, 2003) Stroock: Standards Relating to Listed Company Audit Committees (...   These requirements relate to: the independence of audit committee members; the audit committee's responsibility to select and oversee the issuer's independent accountant; procedures for handling complaints regarding the issuer's accounting practices; the authority of the audit committee to engage advisors; and funding for the independent auditor and any outside advisors engaged by the audit committee. The rule implements the requirements of Section 10A(m)(1) of the Securities Exchange Act of Stroock: SEC Adopts Rules Strengthening Auditor Independence   Commission Adopts Rules Strengthening Auditor Independence; Press Release 2003-9 Home | Previous Page Commission Adopts Rules Strengthening Auditor Independence FOR IMMEDIATE RELEASE 2003-9 Washington, D.C., January 22, 2003 The Securities and Exchange Commission today voted to adopt rules to fulfill the mandate of Title II of the Sarbanes-Oxley Act of 2002, strengthen auditor independence and require additional disclosures to investors about the services provided to issuers by the independent Testa: NASD Proposes Rule Change for Hot Issues:   TH&T | Publications | Article Search Results A:link {color:"#003399"; text-decoration: none; } A:visited {color:"#003399"; text-decoration: none } A:hover {color:"red"; background: "#FFFFCC";} 0t. The NASD stated that the proposed rule is “designed to protect the integrity of the public offering process by ensuring that member firms make a bona fide public offering of securities at the public offering price and that none are withheld for the firm’s benefit or to reward individuals in the Weil: The Second Circuit Sets Standards For PSLRA Sanctions   The PSLRA1 added Section 21D(c) to the Securities Exchange Act ( Exchange Act ) of 1934, which states that upon final adjudication of a securities fraud lawsuit, the court shall include in the record specific findings regarding whether parties and their attorneys have complied with Fed. But this presumption may be rebutted if the party to be sanctioned proves that (i) the sanctions award will impose an unreasonable burden Wiley Rein & Fielding: BCRA Regulations in Legal Limbo; FEC to Appeal   ...subheader-name, table. subheader {border-color: 34845D;} #nav-right li {background-image: url("img/global/dot_about.gif")} Home Want Alerts, Online Saving Options, Publishing Capabilities, and More? Check out LawKT Premium. [ Terms Of Use | Privacy | Disclaimer ] © 1998-2004 SurfWax, Inc. All rights reserved. Patents pending.

Copyright SurfWax, Inc. 2004