Article(s) published by this organization: 139
 | Federal Appeals Court Affirms Imposition of Civil Money Penalties against Device Manufacturer and Individual Corporate Officer for Failure to File Medical Device Reports
Daniel A. Kracov, Arthur N. Levine, Jennifer Newberger, Vernessa T. Pollard; Arnold & Porter LLP; November 5, 2009, previously published on November 2009 In TMJ Implants, Inc. v. United States Department of Health & Human Services, the United States Court of Appeals for the Tenth Circuit addressed the standards for liability for civil monetary penalties (CMPs) for the failure to file medical device reports (MDRs), and affirmed the US Food and... |
| Supreme Court to Address Standard for Challenges Investment Adviser Fees under the Investment Company Act
Elizabeth J. Betta, John A. Freedman, Scott B. Schreiber, Richard P. Swanson, Michael D. Trager; Arnold & Porter LLP; November 3, 2009, previously published on November 2009 On November 2, 2009, the United States Supreme Court will hear oral argument in Jones v. Harris Associates L.P., No. 08-586, a matter concerning claims under Section 36(b) of the Investment Company Act of 1940 against a mutual fund investment adviser alleging that the adviser breached its fiduciary... |
| Transparency, Disclosure, and Sunshine: The Global Push for Stakeholder Accountability
Arnold & Porter LLP; November 3, 2009, previously published on October 2009 Pharmaceutical and medical device companies are being challenged to explain critical components of their business model: how they relate to their "customers" and other stakeholders, and whether or not those relationships are impacting the clinical integrity or independence of those who... |
| FCC Proposes Rules on "Net Neutrality"
Maureen Jeffreys, Stephanie M. Phillipps; Arnold & Porter LLP; November 3, 2009, previously published on October 2009 The Federal Communications Commission (FCC or Commission) has adopted a highly anticipated Notice of Proposed Rulemaking (Notice) looking towards the codification and expansion of "net neutrality" principles intended to preserve the open Internet. Comments on the Notice are due January... |
| Solicitor General Submits Brief in Favor of Denying Supreme Court Review of Foreign-Cubed Securities Transaction Case
Stewart D. Aaron, Lauren R. Bittman; Arnold & Porter LLP; November 5, 2009, previously published on November 2009 On October 27, 2009, the US Solicitor General filed a brief on behalf of the United States, as amicus curiae, in the transnational securities fraud case of Morrison v. National Australia Bank. In Morrison, which has been the subject of previous advisories by Arnold & Porter LLP, involved a... |
| FDIC's Structured Loan Portfolio Sales from Failed Institutions on the Rise Arnold & Porter LLP; October 26, 2009, previously published on October 2009 Nearly 100 financial institutions have failed this year. The Federal Deposit Insurance Corporation (FDIC) is typically appointed receiver for a bank or thrift when it fails (failed institution). The FDIC is required by statute to maximize the recovery on the assets of the failed institution and... |
| FSA Publishes Feedback Statement on Short Selling Disclosure Jeremy Willcocks, Charlotte Lindsten; Arnold & Porter (UK) LLP; October 26, 2009, previously published on October 2009 The UK Financial Services Authority (FSA) has recently published its Feedback Statement in response to its February 2009 Discussion Paper on the treatment of short selling. The FSA is not making any immediate changes to the disclosure regime covering net short positions in UK financial sector... |
| Loans by Offshore Entities to United States Borrowers May Constitute Effectively Connected Income Joseph G. Howe, Cynthia D. Mann, Maja M. Arcyz; Arnold & Porter LLP; October 9, 2009, previously published on October 2009 On September 22, 2009, the Internal Revenue Service (IRS) issued guidance that may significantly impact the US federal tax treatment of offshore hedge funds and other non-US entities that are deemed to make loans to US borrowers. Such foreign entities generally have taken the position that their... |
| Update on the UK view on SPC Term Extensions Following Compliance with a Paediatric Investigation Plan Ian M. Kirby, Camilla Balleny, Nicholas L. Townsend; Arnold & Porter (UK) LLP; October 9, 2009, previously published on October 2009 Council Regulation (EEC) No. 1768/92 of 18 June 1992 concerning the creation of a supplementary protection certificate for medicinal products, now consolidated into Regulation EC/469/2009 (the SPC Regulation), allows for patent term extensions of up to five years, if certain conditions are met.... |
| Obama Administration Proffers Comprehensive Derivatives Bill -- CFTC Urges Tighter Rules Daniel Waldman, Andrew J. Shipe; Arnold & Porter LLP; October 9, 2009, previously published on September 2009 A new phase in the battle over derivatives regulation has opened with delivery of the Obama administration's proposed legislation to Congress. The Over-the-Counter Derivatives Markets Act of 2009 (Proposed Bill) is an ambitious proposal that would subject over-the-counter (OTC) derivatives and... |
