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July 28, 2011
On July 26, 2011, the Securities and Exchange Commission (“SEC”) adopted rules implementing Section 939A of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”).
July 22, 2011
The first three weeks of July 2011 saw a flurry of reports, federal rulemaking and other activities all related to the Dodd-Frank Wall Street Reform and Consumer Protection Act.  In this client alert we highlight a few of the recent actions by banking regulatory agencies, including:
  • the CFPB going live,
  • interchange fees,
  • the payment of interest on business demand deposits,
  • credit scores and risk-based pricing notices,
  • credit scores and adverse adction notices, and
  • additional protections for servicemembers.
July 22, 2011
Earlier today the U.S. Court of Appeals for the D.C. Circuit struck down the SEC’s highly controversial proxy access rule, holding that the SEC acted “arbitrarily and capriciously” in adopting the rule by not properly evaluating the impact on companies and failed to provide sufficient data showing how the rule would improve board performance and increase shareholder value through the election of dissident nominees. For more information, read the client alert.
July 5, 2011

Patient Protection and Affordable Care Act of 2010 (“PPACA”) UPDATED Claim, Appeal, and External Review Procedures

June 29, 2011

On June 23, 2011, the Internal Revenue Service (the “IRS”) issued proposed regulations regarding the performance-based compensation exception under Internal Revenue Code (“Code”) Section 162(m).

June 17, 2011

Beginning in 2011, the annual election period for Medicare Part D coverage starts on October 15 and concludes on December 7. This change was part of the Patient Protection and Affordable Care Act of 2010 (“PPACA”) and requires employers to update and distribute their creditable coverage notices one month earlier than in past years.

May 5, 2011

Through last year’s enactment of the Affordable Care Act, provisions were added to the Social Security Act that established the Medicare Shared Savings Program (“SSP”).

April 7, 2011

The Patient Protection and Affordable Care Act of 2010 (“PPACA”) became law in March 2010. A little over one year later, the first PPACA provision has been repealed. On April 5, 2011, after much political wrangling, Congress voted to repeal the new 1099 reporting obligations.

April 5, 2011

Since enactment of the Deficit Reduction Act of 2005 (“DRA”), 36 states and theDistrict of Columbia have passed state false claims acts.

March 29, 2011

This memorandum is intended as a brief comparison of the ways in which three categories of issuers of student loan debt may be treated in a bankruptcy proceeding under the Bankruptcy Code: (a) corporations, partnerships, limited liability companies and Delaware statutory trusts structured as special-purpose entities to be bankruptcy-remote; (b) non-profit (501(c)(3)) entities; (c) political subdivisions, public agencies or instrumentalities of a State.

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