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  • Client Alert
November 7, 2014
The Supreme Court of Delaware recently held, in answering a question certified to it by the United States Court of Appeals for the Second Circuit, that a termination statement authorized to be filed by the secured party becomes effective to terminate the related financing statement regardless of the secured party’s actual intent regarding the filing. Official Committee of Unsecured Creditors of Motors Liquidation Company v. JPMorgan Chase Bank, 2014 WL 5305937 (Del. Supr. Oct. 17, 2014) (General Motors). The case presents the difficult issue of whether or when a lender can rely on the UCC record and, in particular, the effectiveness of a filed UCC termination statement.

Please read our client alert for more information.
November 5, 2014
An interesting case on securities accounts from the United States Bankruptcy Court for the Eastern District of Pennsylvania addressed the issue of whether a creditor’s perfected security interest in a securities account remained perfected in sub-accounts that were created post-closing. In re GEM Refrigerator Co., 512 B.R. 194 (Bankr. E.D. Pa. 2014).
November 3, 2014
Late Friday afternoon (October 31, 2014), the Center for Medicare & Medicaid Services (CMS) announced it will not be enforcing the regulations relating to unique health plan identifiers (HPIDs) until further notice. The enforcement delay applies to all HIPAA-covered entities, including health plans.
October 24, 2014

It has been a while since the SEC moved forward with any rulemaking under the Dodd-Frank Act. In fact, the last action taken by the SEC was in December 2013 when it approved amendments to Nasdaq listing rules relating to compensation committee independence. Nothing has happened since then. The SEC’s previous rulemaking schedule indicated some action would be taken by the end of October 2014.

October 23, 2014
October 8, 2014

On September 22, 2014 the U.S. Department of Treasury announced new rules targeting companies that try to avoid U.S. income taxes by moving their headquarters overseas (a so-called “inversion”).

September 16, 2014
In July 2014 the Delaware governor signed into law several amendments affecting mergers and acquisitions.
September 9, 2014
The ruling in United States ex rel. Thayer v. Planned Parenthood of the Heartland deepened the current split in the circuits regarding the level of specificity required in a False Claim Act (FCA) case, making it easier for whistleblowers and the government to survive early dismissal. For more information on the ruling, please read our client alert.
August 20, 2014
CNDAs are becoming more heavily negotiated in mergers and acquisitions. Based on our recent deals, we have listed some considerations to assist in your CNDA negotiations.
August 15, 2014

Last Friday, the President signed the Highway and Transportation Funding Act of 2014 (“HATFA”) into law. HATFA extends the interest rate smoothing provisions applicable to defined benefit pension plans that were originally found in the Moving Ahead for Progress in the 21st Century Act of 2012 (“MAP 21”). HATFA requires non-governmental sponsors of single- and multiple-employer defined benefit pension plans to take immediate action.

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