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Client Advisory: Reporting Governance Practices on the New Form 990-Do You Have a Compliance Plan? »
August 26, 2008
On August 19, 2008, the Internal Revenue Service (IRS) released the final version of the Instructions to the new Form 990, the annual information return filed by public charities and certain tax-exempt organizations in the United States. Although the Instructions will not be published in final form until later in the year, the IRS does not expect the final Instructions will...
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News: Named a 2008 "Best Law Firm For Women" by Working Mother and Flex-Time Lawyers for Second Consecutive Year »
August 14, 2008
Working Mother magazine and Flex-Time Lawyers LLC named Arnold & Porter LLP to its second annual 2008 "Best Law Firms For Women" list. The list honors 50 winning law firms for their commitment to work/life balance and the retention and advancement of female talent. Reflecting...
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News: FDA Associate Chief Counsel Vernessa Pollard Joins Arnold & Porter »
August 11, 2008
Arnold & Porter LLP announced today that Vernessa Pollard, former Associate Chief Counsel in the US Food and Drug Administration's Office of Chief Counsel, has joined the firm's FDA and Healthcare Practice in Washington as a counsel. During her tenure at the agency from 2002 to...
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Client Advisory: Energy Efficiency for Building and Facility Owners-Achieving Savings through Energy Performance Contracting »
August 11, 2008
Buildings are the largest consumers of energy in the United States. With energy prices high and carbon reduction strategies being debated, owners of buildings and facilities of all descriptions should be focusing attention on how to reduce energy consumption. Governments at all levels are devoting increasing resources towards this goal. Several states have adopted...
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Client Advisory: FTC v. Whole Foods: The Standard May Be More Important Than The Substance »
August 04, 2008
On July 29, 2008, the US Court of Appeals for the DC Circuit (DC Circuit) in a split opinion reversed the 93-page opinion by the US District Court for the District of Columbia (District Court) denying a preliminary injunction to block the merger of Whole Foods Markets, Inc. and Wild Oats Markets. The DC Circuit remanded the proceedings to the District Court to determine if...
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Client Advisory: FTC Examines Marketing Food to Children and Adolescents »
July 31, 2008
On July 29, 2008, the Federal Trade Commission (FTC) released its report, Marketing Food to Children and Adolescents: A Review of Industry Expenditures, Activities, and Self-Regulation. Prompted by concern about the increase in childhood obesity in the United States, Congress asked the FTC to conduct a study of food and beverage industry marketing to children....
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News: Healthcare Lawyers Andrew Bogen And Jeffrey Ruggiero Join Arnold & Porter's New York Office »
July 30, 2008
Arnold & Porter LLP announced today that healthcare lawyers Jeffrey Ruggiero and Andrew Bogen have joined in New York. They will focus on regulatory and compliance matters, commercial litigation, fraud and abuse matters and corporate transactions relating to healthcare service...
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Client Advisory: FTC Examines Marketing Of "Green" Buildings And Textiles »
July 24, 2008
On July 15, 2008, the Federal Trade Commission (FTC) hosted a workshop to address "green" marketing in the building and textile industries. The workshop was the last in the series of three announced workshops that the FTC conducted during its review of its Guides for the Use of Environmental Marketing Claims, known as the Green Guides. James Kohm,...
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News: IP Lawyer Richard Dickinson Joins London Office »
July 23, 2008
Arnold & Porter LLP announced today that intellectual property lawyer Richard Dickinson has joined the London office as a partner. Mr. Dickinson has a degree in Biochemistry and studied law at postgraduate level.
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News: Jonathan Day Joins London IP Team »
July 23, 2008
Arnold & Porter LLP announced today that trademark lawyer Jonathan Day has joined the London office as a partner.
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Client Advisory: New DOJ Opinion Expands Options For Minimizing FCPA Risk In International Mergers And Acquisitions »
July 21, 2008
The United States Department of Justice (DOJ) has aggressively enforced the Foreign Corrupt Practices Act (FCPA) in recent years, including enforcement actions arising out of mergers and acquisitions. An acquiring company may be liable for the target company's violations of the FCPA committed before the acquisition. The contours of FCPA successor liability...
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News: Financial Services Regulatory Counsel Kathleen Scott Joins Arnold & Porter »
July 15, 2008
Arnold & Porter LLP announced today that well-known bank regulatory counsel Kathleen Scott has joined the firm's financial services practice group in New York. She will work closely with her colleagues Kevin Barnard and Alan Avery, a prominent financial services regulatory...
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Client Advisory: Commercial Real Estate Concentrations »
July 15, 2008
While the meltdown in the subprime mortgage and securitization markets continues to receive considerable media attention, an increasing supervisory concern of the federal banking regulators is not subprime mortgage lending. Instead, the banking agencies are most concerned about, and are increasingly directing their attention to, the large concentrations of...
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News: Prominent Financial Services Regulatory Team Joins Arnold & Porter »
July 09, 2008
Arnold & Porter LLP announced today that prominent financial services regulatory lawyer Kevin Barnard and his colleague Alan Avery have joined Arnold & Porter's financial services group in New York as partners. Mr. Barnard will serve as co-head of the firm's financial services practice,...
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News: Leading Healthcare Regulatory Group Joins Arnold & Porter »
July 09, 2008
Arnold & Porter LLP announced today that a four-person healthcare team has joined the firm. The group brings substantial experience in a number of growing areas for the firm, including false claims, fraud and abuse, healthcare coverage, and reimbursement and coding.
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Client Advisory: Short Selling and Contracts for Difference: New UK Disclosure Requirements »
July 07, 2008
The UK Financial Services Authority (FSA) has recently made changes to the UK's market abuse regime by implementing new disclosure requirements into its Code of Market Conduct requiring the disclosure of significant short positions in stocks of companies that are undertaking rights issues.
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Client Advisory: US Office of Government Ethics Issues Guidance on Post-Employment Restrictions »
July 03, 2008
On June 25, 2008, more than five years after publishing a proposed rule, the US Office of Government Ethics (OGE) released a final regulation that provides guidance to former US Government employees seeking to comply with the post-employment restrictions imposed by 18 U.S.C. § 207. Employers who contemplate hiring former US Government officials must themselves...
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Client Advisory: LEEGIN: A Year In Review »
July 03, 2008
It has been a year since the Supreme Court issued its controversial decision in Leegin Creative Leather Products, Inc. v. PSKS, Inc., 127 S. Ct. 2705 (2007), reversing a 96-year old per se prohibition against minimum resale price maintenance (RPM) in favor of the rule of reason. After Leegin, speculation abounded as to how the antitrust enforcement agencies and courts...
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News: American Lawyer's A-List 2008 »
July 02, 2008
Arnold & Porter LLP ranked #8 in American Lawyer's "A-List" 2008, the magazine's sixth annual ranking of the nation's top 20 law firms. It is the fifth time the firm has made the list since its inception in 2003. The A-List is created through a composite ranking of four indicators based on data...
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Client Advisory: Best Practices Checklist for the New Federal Lobbying Certifications »
July 02, 2008
The Honest Leadership and Open Government Act (HLOGA) changed the Lobbying Disclosure Act (LDA) to require two types of reporting by lobbyists and their employers. The new law retained the required disclosure of lobbying expenses (or income in the case of retained lobbyists) on LD-2 forms, but changed the filing schedule from semiannually to quarterly.
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Client Advisory: How to Manage the Risks Associated with Political Activity »
July 02, 2008
The Sarbanes-Oxley Act of 2002 (SOX) raised the bar for corporate governance by creating new standards for corporate accountability, as well as new penalties for acts of wrongdoing. Essentially, SOX forced businesses to develop a structured approach to managing financial risk.
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Client Advisory: SEC Proposes to Ease Requirements on Foreign Broker-Dealers »
June 26, 2008
On June 25, 2008, the Securities and Exchange Commission (SEC) announced proposed rule changes that would allow non-US securities brokers and dealers greater latitude to operate in the US without registering with the SEC. The SEC published this proposal on June 26, 2008 in Securities...
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News: Prominent IP Litigator Beth Parker Joins Arnold & Porter In San Francisco »
June 23, 2008
Arnold & Porter LLP announced today that prominent intellectual property litigator Beth Parker will join the firm's San Francisco office as a partner. Ms. Parker has significant trial and appellate experience...
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Client Advisory: New EPA Naphthalene Risk Assessments »
June 23, 2008
On May 14, 2008, the EPA published a Federal Register notice (72 Fed. Reg. 27,822) that may have significant implications for the cost of cleaning up petroleum spills. On its surface, the notice appears unrelated to petroleum cleanups, since it simply announces the availability of the risk...
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Case Study: Sanofi Pasteur Asks the European Court to Give Further Guidance on Liability for Defective Products »
June 16, 2008
The litigators in Arnold & Porter LLP's London office have won a significant victory for its client, Sanofi Pasteur SA, in the House of Lords. The judgment, on the meaning of European product liability law, should be of interest to all manufacturers who market products in the European Union and their insurers.
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Case Study: California State Court Follows Ninth Circuit Ruling in National Bank Preemption Case »
June 11, 2008
In a significant decision on May 29, 2008, the Superior Court of California in Orange County accepted and applied the recent ruling of the Ninth Circuit in Rose v. Chase Bank USA, N.A., 513 F.3d. 1032 (9th Cir. 2008) (Rose), to hold that enforcement of California's unique access check disclosure statute is preempted as applied to a national bank. The decision was rendered in the case of Parks v. MBNA America Bank, N.A., Orange County...
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Client Advisory: FCPA Enforcement Finds New Life in Pharmaceutical and Medical Device Actions »
June 06, 2008
On June 3, 2008, the US Department of Justice announced that AGA Medical Corporation (AGA), a privately-held medical device manufacturer, agreed to pay a US$2 million criminal penalty in connection with corrupt payments to Chinese government officials in violation of the Foreign...
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News: International Transactions Lawyer Carl Liederman Joins Arnold & Porter in London »
June 05, 2008
Arnold & Porter LLP announced that international transactions lawyer Carl Liederman will join the London office as a partner in early June. He will head up the European Corporate Practice at the firm and focus on expanding the firm's cross-border transactional practice.
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News: M&A and Private Equity Attorney David Berg Joins Arnold & Porter in New York »
June 05, 2008
Arnold & Porter LLP announced today that David S. Berg has joined its New York office as counsel. He brings to Arnold & Porter significant public and private M&A experience, especially in the middle market.
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Client Advisory: Credit Crunch: Method of calculating LIBOR under the spotlight »
May 27, 2008
Pressure is growing on the British Bankers' Association (BBA) to overhaul the method of calculating the London Interbank Offered Rate or LIBOR, the primary benchmark for short term interest rates globally. Banks often calculate their own LIBOR, but LIBOR as calculated by the BBA...
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Client Advisory: CFTC Considers Regulation of Prediction Markets »
May 23, 2008
In a concept release issued on May 1, 2008, the Commodity Futures Trading Commission (CFTC) announced that it is reviewing whether and how it should exercise regulatory authority over Prediction Markets (also known as Event Markets or Information Markets).
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Client Advisory: DOD Issues New Interim Rule Governing Excessive Pass-Through Charges »
May 22, 2008
Section 852 of the National Defense Authorization Act for Fiscal Year 2007 required the Department of Defense (DoD) to prescribe regulations ensuring that pass-through charges on DoD contracts and subcontracts are not excessive in relation to the cost of work performed.
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News: Arnold & Porter's Diversity Initiatives Recognized By Minority Corporate Counsel Association »
May 21, 2008
The Minority Corporate Counsel Association (MCCA) announced that Arnold & Porter LLP's Washington office will receive a Thomas L. Sager Award in recognition of the firm's efforts to improve the recruitment, retention and promotion of minority lawyers. Arnold & Porter is the only law firm...
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Client Advisory: New Version Of Proposed FAR Rule Would Require Broad Self-Reporting By Government Contractors »
May 21, 2008
On May 16, 2008, the Government published a revised version of a proposed rule that, as drafted, would dramatically change the compliance landscape for federal government contractors. Like the original proposed rule, the new version includes controversial requirements for...
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Case Study: Firm Represents Finmeccanica SpA in Acquisition of DRS Technologies, Inc. »
May 20, 2008
On May 13, 2008, Finmeccanica - Societá per azioni, Italy's largest aerospace and defense company, and DRS Technologies, Inc., a manufacturer of military electronics products, entered into a merger agreement pursuant to which Finmeccanica will acquire DRS at a US$81 per share purchase price. The transaction, which is valued at US$5.2 billion, remains subject to DRS shareholder approval as well as various regulatory approvals.
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Client Advisory: The DC Circuit's Decision in Rambus Overturns FTC Finding of Monopolization »
May 19, 2008
On April 22, 2008, the United States Court of Appeals for the District of Columbia Circuit vacated a much-discussed and widely-reported Federal Trade Commission decision that found computer memory developer and licensor Rambus Inc. had unlawfully monopolized the market for certain memory...
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News: Arnold & Porter Expands Its Corporate Practice In London With Addition Of Employment Lawyer Henry Clinton-Davis »
May 08, 2008
Arnold & Porter LLP announced that leading UK employment lawyer Henry Clinton-Davis has joined as a partner in the London office. His arrival corresponds with increasing demands from the firm's clients for employment law services. Mr. Clinton-Davis will lead the firm's UK employment law in...
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Client Advisory: Judicial Review of Procedural Fairness of NICE Appraisal Process »
May 01, 2008
Today, 1 May 2008, the Court of Appeal handed down its judgment in relation to the judicial review proceedings commenced by Eisai against the National Institute for Health and Clinical Excellence (NICE). In a unanimous judgment, the wider significance of which was expressly recognised by the Court...
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Client Advisory: IRS Announces Political Activities Compliance Initiative for the 2008 Election Cycle »
April 25, 2008
On April 17, 2008, the Internal Revenue Service ("IRS") announced that it will once again conduct a Political Activity Compliance Initiative ("PACI") for section 501(c)(3) organizations during the 2008 election cycle, as it did during the 2006 and 2004 election cycles.
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Case Study: Preliminary Injunction Bars Tyson Foods From False Advertising »
April 23, 2008
In an important Lanham Act false advertising decision, a Baltimore federal court entered a preliminary injunction against Tyson Foods, which will bar the food giant from advertising its chicken as "raised without antibiotics." The Court issued a 31-page memorandum decision and order today. Arnold & Porter LLP successfully represented plaintiffs (competitors Sanderson Farms and Perdue Farms) in this first-of-its-kind case.
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Case Study: Firm Represents Dell in US$3 Billion Patent Infringement Suit »
April 09, 2008
Arnold & Porter LLP's intellectual property team claimed victory for its client, Dell Inc., in a consolidated US$3 billion patent infringement suit in the Southern District of California (Lucent Technologies Inc. v. Dell Inc.). The suit, brought by Lucent Technologies Inc. (now "Alcatel-Lucent") and Multimedia Patent Trust, asserted twelve patents against Dell in technologies related to video coding, speech coding, caller ID, video displays, web forms, user interfaces, and remote graphics communications.
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Subprime Lending Regulation, Enforcement & Litigation »
The housing market has cratered; foreclosures are at an all-time high; delinquencies and defaults in subprime and alternative loan products are at historic levels, and every indication is that this will continue well into the next year and possibly longer.
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