Document(s) published by this organization: 64
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|Federal Court Issues Unfavorable Ruling for Church Pension Plan Sponsors|
Theodore M. Becker, Joseph C. Faucher, Mark E. Furlane, Joshua J. Waldbeser, David L. Wolfe; Drinker Biddle & Reath LLP;
December 19, 2013, previously published on December 17, 2013On December 12, 2013, the U.S. District Court for the Northern District of California ruled in Rollins v. Dignity Health that a pension plan sponsored by a large tax-exempt health care system does not satisfy ERISA’s exemption for “church plans.” This case is one of the five...
|Dormant Commerce Clause Update - 4th Circuit Panel Talks Trash|
Andrew P. Foster; Drinker Biddle & Reath LLP;
December 17, 2013, previously published on December 3, 2013On December 3, 2013, a Fourth Circuit panel issued an opinion situated at the familiar intersection of Dormant Commerce Clause jurisprudence and trash. Affirming a trial court’s grant of summary judgment, the Court turned away a Dormant Commerce Clause challenge to a so-called “flow...
|Department of Commerce Reinstates Antidumping Duty Orders on Ball Bearings from Japan and the United Kingdom|
Richard P. Ferrin, Douglas J. Heffner, Kathleen M. Murphy; Drinker Biddle & Reath LLP;
December 16, 2013, previously published on December 12, 2013For your information, the U.S. Department of Commerce (DOC) has announced that it is reinstating the antidumping duty orders on ball bearings from Japan and the United Kingdom (UK). These orders had been in effect since 1989. The revocation of these antidumping duty orders, and the recent DOC...
|Supreme Court Offers Guidance on How to Enforce Forum Selection Clauses|
D. Alicia Hickok, Todd N. Hutchison; Drinker Biddle & Reath LLP;
December 16, 2013, previously published on December 6, 2013The United States Supreme Court has just decided a case about the proper weight to attribute to contractual forum selection clauses and how to enforce the clause if a plaintiff files suit in a different court. The Court’s December 3, 2013, decision in Atlantic Marine Construction Co., Inc. v....
|Key Deepwater Horizon Criminal Charges Dismissed Against Two BP Officials|
Tracy S. Combs, Ronald A. Sarachan; Drinker Biddle & Reath LLP;
December 16, 2013, previously published on December 12, 2013Reining in one of the most aggressive environmental crimes prosecutions, a federal district judge has dismissed half of the manslaughter claims filed against two BP officials in connection with the Deepwater Horizon disaster in the Gulf of Mexico.
|SEC Releases Annual Report on its Whistleblower Program: Progress, Priorities, and Payments|
Nicholas S. Feltham, Mary P. Hansen, Ronald A. Sarachan; Drinker Biddle & Reath LLP;
December 16, 2013, previously published on November 27, 2013On November 15th, the U.S. Securities and Exchange Commission released its 2013 Annual Report to Congress on the Dodd-Frank Whistleblower Program. The report contains helpful insight into the operation of the SEC’s Office of the Whistleblower (OWB), and details OWB’s progress to date,...
|SEC Issues Guidance on “Bad Actor” Rules|
Drinker Biddle Reath LLP;
December 16, 2013, previously published on December 12, 2013On December 4, 2013, the SEC’s the Division of Corporation Finance issued additional Compliance and Disclosure Interpretations (the Guidance) on certain aspects of the “bad actor” rules under the Securities Act of 1933 that became effective on September 23, 2013. As described in...
|New York State’s Stance on Cybersecurity: Behind the News|
Ronald A. Sarachan, Zoë K. Wilhelm; Drinker Biddle & Reath LLP;
December 5, 2013, previously published on November 26, 2013The Wall Street Journal recently reported that the New York State Department of Financial Services (DFS) is “requiring” about 200 banks “to answer questions in real time on December 12 to assess their cybersecurity policies and processes” in “what amounts to a...
|Court Rules Florida Hospital Violated Stark Law in Oncologist Payment Case|
Drinker Biddle Reath LLP;
November 27, 2013, previously published on November 15, 2013On November 13, 2013, the district court in United States ex rel. Baklid-Kunz v. Halifax Hospital Med. Ctr. et al., No. 6:09-cv-1002 (M.D. Fla.), issued a significant decision interpreting the Stark Law. In Halifax, the relator alleged, among other things, that the hospital defendant submitted...
|The Scoop on Revenue Sharing|
Joseph C. Faucher; Drinker Biddle & Reath LLP;
November 26, 2013, previously published on November 19, 2013The Issue: What do plan fiduciaries need to know about revenue sharing?