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Legal Articles: Drinker Biddle & Reath LLP

 







Document(s) published by this organization: 122


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HTMLProtect Your Privilege With FRE 502(d): Lessons From Great-West Life & Annuity Ins. Co. v. Am. Econ. Ins. Co.
Bennett B. Borden, Jay Brudz, Sanjeet S. Ganjam; Drinker Biddle & Reath LLP;
Legal Alert/Article
October 2, 2013, previously published on September 26, 2013
This week, the U.S. District Court for the District of Nevada upheld a Federal Rule of Evidence (FRE) 502(d) claw back agreement intended to protect against the waiver of privilege upon the inadvertent disclosure of privileged material. Great-West Life & Annuity Ins. Co. v. Am. Econ. Ins. Co.,...

 

HTMLCFTC Grants CPOs No-Action Relief from Certain Reporting Obligations
Drinker Biddle Reath LLP;
Legal Alert/Article
October 2, 2013, previously published on September 26, 2013
Summary. Earlier this month, the U.S. Commodity Futures Trading Commission (the CFTC) granted no-action relief to commodity pool operators (CPOs) of registered funds with respect to certain reporting requirements set forth in CFTC Regulations 4.27(c) and 4.22(c) in connection with wholly-owned...

 

HTMLHHS to Issue Guidance on Prescription Refill Communications
Robyn S. Shapiro, Jeremy Shapiro-Barr; Drinker Biddle & Reath LLP;
Legal Alert/Article
September 20, 2013, previously published on September 19, 2013
On September 11, 2013, the Department of Health and Human Services announced its intention to issue guidance regarding the HIPAA Omnibus Final Rule’s limit on remuneration available to covered entities for sending patients refill reminders and other communications regarding currently...

 

HTMLImportant Information for Managers with Reg D Offerings
Drinker Biddle Reath LLP;
Legal Alert/Article
September 20, 2013, previously published on September 19, 2013
On September 23, 2013, the SEC’s new rules become effective that disqualify certain persons from being involved in Reg D private offerings relying on Rule 506. For clients who are currently conducting one or more of these private offerings, or are contemplating one, this alert summarizes your...

 

HTMLTexas Court Departs From Previous Decisions: Investments in Life Settlements are Securities
Stephen C. Baker, Leslie J. Coletti, Nolan B. Tully, Katherine Villanueva; Drinker Biddle & Reath LLP;
Legal Alert/Article
September 18, 2013, previously published on September 10, 2013
On August 28, 2013, the Dallas Court of Appeals ruled that investments in life settlements sold by Life Partners, Inc. (Life Partners) are “investment contracts” and therefore subject to the Texas Securities Act (TSA). In doing so, the court departed from decisions of the Waco Court of...

 

HTMLLife Insurers Go On Offense
Jason P. Gosselin; Drinker Biddle & Reath LLP;
Legal Alert/Article
September 18, 2013, previously published on September 9, 2013
In what appears to be the first counter-offensive of its kind between life insurers and regulators, on September 4, 2013, three life insurers filed an action against the Illinois Department of Insurance and its Director. The insurers seek a declaration that there is no affirmative obligation to...

 

HTMLSun Capital Partners: Some Alternative Perspectives
David S. Denious, Stephen D. D. Hamilton, Eric C. Kassab; Drinker Biddle & Reath LLP;
Legal Alert/Article
September 18, 2013, previously published on September 13, 2013
The First Circuit’s recent decision in Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry Pension Fund has provoked strong reactions among private equity professionals. The prospect of fund assets being exposed to portfolio company liabilities is disquieting....

 

HTMLPhotocopiers - A Recurring Data Security Risk
Kenneth K. Dort; Drinker Biddle & Reath LLP;
Legal Alert/Article
September 9, 2013, previously published on September 9, 2013
In a case that illustrates the data privacy risks associated with modern copiers, the United States Department of Health and Human Resources (HHS) has announced a $1,215,780 settlement with Affinity Health Plan, Inc. (Affinity), arising from an investigation of potential violations of the HIPAA...

 

HTMLELNY Restructuring Agreement Closes, Shortfall Finalizations Near
Michael J. Miller, Timothy J. O'Driscoll; Drinker Biddle & Reath LLP;
Legal Alert/Article
September 9, 2013, previously published on September 6, 2013
On August 8, 2013, the Executive Life Insurance Company of New York (ELNY) Restructuring Agreement closed, following the denial of the last relevant appeal of the trial court’s Order of Liquidation and Approval of the Restructuring Agreement in May 2013.

 

HTMLNew Jersey Supreme Court Requires Law Enforcement to Secure a Warrant Before Obtaining Location Data From Wireless Carriers
Paul G. Nittoly; Drinker Biddle & Reath LLP;
Legal Alert/Article
September 9, 2013, previously published on September 9, 2013
On July 18, 2013, the New Jersey Supreme Court unanimously found a state constitutional right to privacy protecting a mobile phone user’s location data (as broadcast by a powered-on mobile device). The New Jersey Supreme Court’s decision in State v. Earls, 2013 WL 3744221 (N.J. 2013),...

 


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