Monthly Archives: August 2012

SEC Says No To Proposed Money Market Reforms

[Video: SEC Tables Money Market Fund Regulation: Michael Markowitz Analysis – MarketsReformWiki] “The proposal would have been the second phase of the Chairman’s oft-stated plan that she said would reduce money market funds’ susceptibility to runs, protect retail investors, and lessen the potential need for future bailouts. In her statement, Chairman Schapiro urged other policymakers… Read more »

FTC Proposes New HSR Rules for Reporting Pharmaceutical Patent Transfers

Earlier this month, the Federal Trade Commission proposed a new set of reporting requirements for the acquisition or transfer of pharmaceutical patents. From the FTC press release: “The Federal Trade Commission is seeking public comments on proposed changes to the premerger notification rules that could require companies in the pharmaceutical industry to report proposed acquisitions… Read more »

DNA Eligible for Patent Protection, Court Rules in Myriad (Again)

“Isolated DNA molecules are patent-eligible, reaffirmed the U.S. Court of Appeals for the Federal Circuit in Ass’n for Molecular Pathology et al. v. Myriad Genetics, Inc. et al., lifting a cloud of uncertainty over DNA composition patents. ‘The isolated DNA molecules before us are not found in nature. They are obtained in laboratory and are… Read more »

California Law Update: Toxic Products, Iran Investments, Non-Competes, Teacher Layoffs, More

Allen Matkins’ Eileen Nottoli on why businesses that sell consumer products in California need to be aware of – and act on – the state’s new Safer Consumer Product regulations. [Link: New Consumer Product Regulations: Manufacturers, Importers and Retailers Need to Prepare] For your reference, a JD Supra roundup of commentary on a range of… Read more »

Who’s to Clean Up Cross-State Pollution? The Answer is Blowin’ in the Wind…

Earlier this week, a DC court of appeals judicial panel struck down the Environmental Protection Agency’s Cross-State Air Pollution Rule (CSAPR), also known as the Transport Rule. From law firm Butler Snow: “In a 2-1 sharply divided decision, the Court didn’t just remand the rule to EPA for ‘reworking,’ it vacated the rule in toto… Read more »

3 Laws Every Employer Should Consider During Election Season

In this Bloomberg Law interview, Lee Pacchia and Jonathan Salant discuss the specific legal needs of a presidential campaign, and why attorneys are cashing in big in this year’s political contest. But staying on the right side of election laws isn’t a concern just for candidates. Businesses of all sizes – from small companies to… Read more »

SEC Pays First Whistleblower Bounty Award

“The first whistleblower award is emblematic of a broader effort under Chairman Schapiro and Enforcement Director Robert S. Khuzami to enhance enforcement efforts by altering the dynamic of the investigative process in ways that provide the enforcement staff with additional avenues of information. Individuals in possession of sensitive, confidential business documents and information belonging to… Read more »

Sanctions Update: U.S. Turns Up Pressure on Iran, Syria

Earlier this month, President Obama signed into law the Iran Threat Reduction and Syria Human Rights Act of 2012. From law firm Skadden Arps: “The Act is the U.S. government’s latest response to Iran’s illegal nuclear program and the situation in Syria, and it reflects an intensified effort to counter perceived efforts by non-U.S. companies… Read more »

Pfizer Settles FCPA Charges for $60 Million

[Link: The Pfizer DPA Enhanced Compliance Obligations-the New Normal? by Thomas Fox] Earlier this month, global pharmaceutical company Pfizer Inc. agreed to pay $60 million to the U.S. Securities and Exchange Commission and the U.S. Department of Justice to settle charges that the company violated the Foreign Corrupt Practices Act. From law firm Warner Norcross… Read more »

CFTC and SEC Publish Final “Swaps” Definition; Countdown Begins for Regulatory Compliance

The Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission published the final rules defining “swap” and other swap-related terms in the Federal Register earlier this week, setting into motion a countdown to compliance for a number of CFTC regulations governing the swap market. From law firm Skadden Arps: “The effective date and… Read more »

Doing Business in Europe: A JD Supra Legal Reader

For your convenience, here’s a roundup of recent legal advisories on the broad topic of doing business in the European Union and its member countries: Rewards and Penalties in Bond Covenant Consent Solicitations Under English Law (Skadden, Arps, Slate, Meagher & Flom LLP): “Two recent cases decided in the English High Court provide contrasting views… Read more »

LIBOR and the Manipulation Scandal: A Legal Analysis

From law firm McDermott Will & Emery, an in-depth look at the London Interbank Offered Rate (LIBOR), what it represents, and the continuing manipulation scandal: “[LIBOR] is considered one of the most important interest rates in the financial world. It underpins approximately £225 trillion of financial products ranging from interest rate swaps and corporate loans… Read more »

U.S. Army Issues RFP for $7 Billion of Renewable Energy

The Army Corps of Engineers is going on an alternative energy shopping spree. From law firm Wilson Sonsini: “On August 8, 2012, the U.S. Army Corps of Engineers, through its Engineering and Support Center, Huntsville, issued a Multiple-Award Task Order Request for Proposal (RFP) for $7 billion in total contract capacity to procure renewable energy… Read more »

Doing Business in Hong Kong: A JD Supra Legal Reader

For your reference, a roundup of recent legal advisories on a broad range of issues facing companies doing business in and with Hong Kong: Legal and Regulatory Issues in Hong Kong PIPE Transactions (Skadden, Arps, Slate, Meagher & Flom LLP): “Private investment in public equity (or PIPE) transactions are an increasingly common source of funding… Read more »

Apple v. Samsung: Patent Trial of the Century?

[Link: Court Allows Apple to Push for Ban on Samsung Tablets – LXBN] The latest round of the Apple v. Samsung lawsuit over the design of Samsung tablets is underway in San Jose, California. But the dispute between the two tech giants goes beyond what Fortune magazine calls “the Patent Trial of the Century.” The… Read more »