Document(s) published by this organization: 62
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|U.S. Supreme Court Clarifies That Severance Pay is Taxable—in Most Cases|
Lara Alejandra, Mark D. Nelson; Drinker Biddle & Reath LLP;
March 28, 2014, previously published on March 26, 2014On Tuesday, March 25, 2014, the U.S. Supreme Court, in an 8-0 decision, ruled that severance payments made to employees who are involuntarily terminated are taxable wages under the Federal Insurance Contributions Act (FICA). Quality Stores, Inc., et al., 12-1408. The Court reversed the Sixth...
|State Fines Defense Manufacturer $20 Million for ITAR Violations|
David N. Kay, Joan Koenig; Drinker Biddle & Reath LLP;
March 28, 2014, previously published on March 21, 2014On March 6, 2014, the Directorate of Defense Trade Controls (DDTC) within the Department of State announced it had entered into a $20 million settlement agreement with Esterline Technologies Corp., a Washington-based specialized manufacturer. Esterline agreed to settle claims over hundreds of...
|IRS Issues Final Regulations on Property Transferred for Services Under Section 83|
Sharde Armstrong, Mona Ghude, Sharon L. Klingelsmith; Drinker Biddle & Reath LLP;
March 28, 2014, previously published on March 27, 2014The Treasury Department (Treasury) and Internal Revenue Service (IRS) have issued final regulations clarifying the forfeiture provisions under Section 83 of the Internal Revenue Code of 1986, as amended, for transactions occurring after January 1, 2013. The regulations were issued on February 25,...
|$1.2 Billion Medicaid Fraud Penalty Award Reversed and Claim Dismissed in Arkansas Appeal|
Kenneth J. Wilbur; Drinker Biddle Reath LLP;
March 24, 2014, previously published on March 20, 2014In another decision narrowing the scope of state Medicaid fraud statutes, on March 20, 2014, the Supreme Court of Arkansas, in Ortho-McNeil-Janssen Pharmaceuticals, Inc. v. State of Arkansas, No. CV-12-1058, unanimously reversed and dismissed a $1.19 billion award under the Arkansas Medicaid Fraud...
|DOL Proposed Regulation on 408(b)(2) “Guide” - Impact on Service Providers|
Bruce L. Ashton, Bradford P. Campbell, Joan M. Neri, Fred Reish, Joshua J. Waldbeser; Drinker Biddle & Reath LLP;
March 24, 2014, previously published on March 20, 2014The Department of Labor has issued its long-anticipated proposal to amend the 408(b)(2) regulation. If adopted, the proposal will require covered service providers to furnish responsible plan fiduciaries (referred to as “plan sponsors” for simplicity) with a guide to their disclosures.
|Full Court of Appeals to Review Whether to Expand Customs Civil Penalty Liability to Corporate Officers and Employees|
Richard P. Ferrin, Douglas J. Heffner, Kathleen M. Murphy, William Randolph Rucker; Drinker Biddle & Reath LLP;
March 21, 2014, previously published on March 19, 2014In a potentially ground-breaking case, the Court of Appeals for the Federal Circuit (CAFC) announced that it will hear en banc the issue of whether corporate officers or shareholders can be held personally liable for duties and penalties imposed under 19 U.S.C. § 1592. If the CAFC broadly...
|New Reprint Guidance Maintains Bipartisan Status Quo|
Kenneth J. Wilbur; Drinker Biddle Reath LLP;
March 19, 2014, previously published on March 18, 2014The FDA’s most recent unofficial guidance on distribution by manufacturers of research concerning off-label uses. With minor textual revisions, the February 28, 2014 draft Guidance essentially restates the safe harbors acknowledged in FDA’s unofficial 2009 “Good Reprint...
|United States Expands Sanctions in Response to Activities in Ukraine, Names First SDNs|
Joan Koenig, Mollie Sitkowski; Drinker Biddle & Reath LLP;
March 19, 2014, previously published on March 17, 2014Earlier today, President Obama signed an Executive Order (E.O.) expanding on E.O. 13660, which was issued on March 10, 2014. In addition to naming specific persons subject to the restrictions of E.O. 13660, including former Ukrainian President Viktor Yanukovych, the new E.O. expands the sanctions...
|White House’s Cybersecurity Framework Highlights Need for Preparedness|
Ronald A. Sarachan, Zoë K. Wilhelm; Drinker Biddle & Reath LLP;
March 19, 2014, previously published on March 11, 2014The White House recently announced the official launch of the Cybersecurity Framework, which provides voluntary guidelines for both public and private organizations operating as part of the “critical infrastructure” to create or improve upon their defenses and response protocols for...
|Potentially Ground-Breaking Class Settlement - Data Breach Relief|
Drinker Biddle Reath LLP;
March 19, 2014, previously published on March 14, 2014On February 21, a federal judge in the Southern District of Florida approved a $3 million data breach class action settlement agreement between AvMed, Inc. and plaintiffs. This case arose from a December 2009 theft of two unencrypted laptops storing the personal information of persons receiving...