Document(s) published by this organization: 97
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|CFTC Grants CPOs No-Action Relief from Certain Reporting Obligations|
Drinker Biddle Reath LLP;
October 2, 2013, previously published on September 26, 2013Summary. 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...
|Protect 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;
October 2, 2013, previously published on September 26, 2013This 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.,...
|HHS to Issue Guidance on Prescription Refill Communications|
Robyn S. Shapiro, Jeremy Shapiro-Barr; Drinker Biddle & Reath LLP;
September 20, 2013, previously published on September 19, 2013On 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...
|Important Information for Managers with Reg D Offerings|
Drinker Biddle Reath LLP;
September 20, 2013, previously published on September 19, 2013On 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...
|Sun Capital Partners: Some Alternative Perspectives|
David S. Denious, Stephen D. D. Hamilton, Eric C. Kassab; Drinker Biddle & Reath LLP;
September 18, 2013, previously published on September 13, 2013The 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....
|Life Insurers Go On Offense|
Jason P. Gosselin; Drinker Biddle & Reath LLP;
September 18, 2013, previously published on September 9, 2013In 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...
|Texas 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;
September 18, 2013, previously published on September 10, 2013On 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...