Article(s) published by this organization: 107
 | Connecticut DEP Proposes New Stream Flow Regulations Applicable to All Rivers and Streams Harold M. Blinderman, René Alejandro Ortega; Day Pitney LLP; October 26, 2009, previously published on October 21, 2009 On October 13, 2009, the Connecticut Department of Environmental Protection ("DEP") published notice of its intent to adopt new regulations setting minimum flow standards for the state's rivers and streams. The Proposed Stream Flow Standards and Regulations ("Proposed Rules")... |
| Department of Energy Announces Loan Guarantees for Commercial Technology Renewable Energy Generation Projects Arthur W. Adelberg, Gregory J. Blasi, Michael A. Stosser, Jennifer E. Galiette; Day Pitney LLP; October 16, 2009, previously published on October 13, 2009 The Department of Energy issued a funding announcement on October 7, 2009, designed to provide a total of up to $750 million in loan guarantee funding under the American Recovery and Reinvestment Act of 2009, to support from $4 billion to $8 billion in loans for conventional commercial technology... |
| Second Circuit Lets Greenhouse Gas Federal Nuisance Claims Proceed Elizabeth C. Barton, Harold M. Blinderman, Adetokunbo A. Badejo; Day Pitney LLP; October 16, 2009, previously published on September 30, 2009 Reviving claims dismissed in 2005, the Second Circuit Court of Appeals ruled last week that two 2004 lawsuits can proceed against five of the nation's largest utilities, alleging that greenhouse gas emissions create a public nuisance under federal common law. |
| Medical Diagnostic Claims Patent-Eligible after Bilski
Richard H. Brown, Jonathan B. Tropp, Lindsay S. Adams, Keith J. McWha, T. David Bomzer; Day Pitney LLP; October 16, 2009, previously published on October 5, 2009 In Prometheus Laboratories, Inc., v. Mayo Collaborative Services, 2008-1403 (September 16, 2009), the Federal Circuit, on first impression, held medical diagnostic claims to be patent-eligible subject matter under the "machine or transformation" test first elucidated in In re Bilski, 545... |
| NY State Comptroller Bans Pension Fund "Pay-to-Play" Political Contributions James E. Bowers, R. Scott Beach, Shawn T. Wooden; Day Pitney LLP; September 30, 2009, previously published on September 25, 2009 New York State Comptroller Thomas P. DiNapoli issued an executive order on September 23, 2009 prohibiting the $116.5 billion New York State Common Retirement Fund ("Fund") from doing business with any investment adviser who has made a political contribution to the State Comptroller or a... |
 | IRS Announces Brief Extension for Voluntary Offshore Account Disclosure -- Act Now! Andrew P. Gaillard, Daniel L. Gottfried, G. Warren Whitaker; Day Pitney LLP; September 30, 2009, previously published on September 21, 2009 The Internal Revenue Service announced today a one-time extension until October 15 of the deadline for submission into its offshore compliance initiative for U.S. taxpayers with undisclosed offshore accounts or business activities. |
| Recent FDIC Loss Sharing Arrangements Robert M. Taylor; Day Pitney LLP; September 10, 2009, previously published on September 1, 2009 Loss sharing is a feature that the Federal Deposit Insurance Corporation (FDIC) first introduced into failed bank purchase and assumption (P&A) transactions in the early 1990s. The FDIC entered into 16 loss sharing agreements to resolve 24 banks that failed between 1991 and 1993. In a follow up... |
| Second Circuit Affirms District Court Rejecting RCRA and Clean Water Act Claims at Shooting Range Site in a Case of First Impression Dean M. Cordiano, René Alejandro Ortega; Day Pitney LLP; September 10, 2009, previously published on September 2, 2009 In a case of first impression that may have an impact on what constitutes hazardous waste when a product is deposited on land as part of its normal use or intended purpose, the United States Court of Appeals for the Second Circuit affirmed a decision of the Federal District Court for the District... |
| Pantazis v. Tsourides Mark E. Swirbalus; Day Pitney LLP; September 10, 2009, previously published on September 1, 2009 Pantazis v. Tsourides, Case No. 99-2362-C, 2009 Mass. Super. LEXIS 210 (Worcester Super. Ct. July 8, 2009), is a recently-reported superior court decision addressing alleged breaches of fiduciary duty and self-dealing by the defendant trustees. One of the trustees is alleged to have destroyed trust... |
| The Fraud Factor -- Intent to Deceive is required for a Finding of Fraud Rebecca Leigh Griffith, Elizabeth A. Alquist, Carrie Webb Olson; Day Pitney LLP; September 10, 2009, previously published on September 3, 2009 The United States Court of Appeals for the Federal Circuit rejected the Trademark Trial and Appeal Board's (TTAB) "known or should have known" standard on August 31, confirming that a finding of fraud requires clear and convincing evidence of an intent to deceive. See In re Bose Corp.,... |
