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HTMLWill “Accredited Investor” Definition Be Changed?
Peter D. Fetzer, Terry D. Nelson; Foley & Lardner LLP;
Legal Alert/Article
November 12, 2014, previously published on October 31, 2014
Investment advisers who manage “private funds” (i.e., funds that are not registered as an investment company under the Investment Company Act of 1940, instead relying upon one of two exclusions from the definition of an investment company by having not more than 100 equity investors or...

 

HTMLStop Product Liability Claims Now!
Jeffrey A. Soble; Foley & Lardner LLP;
Legal Alert/Article
November 12, 2014, previously published on October 27, 2014
More and more recalls mean more and more product liability claims. Even without recalls, for companies in the Automotive Industry product liability claims are a way of life. So, what do you do to prevent such claims? Knowing that they are inevitable, what do you do to make sure that their impact is...

 

HTMLWisconsin's Court of Appeals Rejects Municipality's "Fee in Lieu of Room Tax"
Eric G. Pearson; Foley & Lardner LLP;
Legal Alert/Article
November 12, 2014, previously published on October 27, 2014
Nothing in life might be certain but death and taxes, but a recent decision from Wisconsin’s court of appeals turned out to be an exception to that rule. In Bentivenga v. City of Delavan, No. 2014AP137 (Ct. App. Oct. 15, 2014), District II held that the City of Delavan could not require...

 

HTMLIRS Releases Favorable Private Business Use Rules for Facilities Financed With Tax-Exempt Bonds
Michael G. Bailey, David Y. Bannard, Chauncey W. Lever, Richard F. Riley, Mark T. Schieble; Foley & Lardner LLP;
Legal Alert/Article
November 12, 2014, previously published on October 28, 2014
On October 24, 2014, the IRS released Notice 2014-67, which establishes more favorable safe harbors for types of service contracts and other arrangements using property financed with tax-exempt bonds. The Notice also provides helpful guidance of more limited scope regarding the treatment of...

 

HTMLSouthern California Edison Seeking Small Scale Solar PPAs
Justus J. Britt; Foley & Lardner LLP;
Legal Alert/Article
November 12, 2014, previously published on October 29, 2014
Southern California Edison (SCE) has announced a Request for Offers (RFO) seeking proposals for 63 MW of solar generation, with proposed projects being between 500 kW and 10 MW each. While SCE has made known its preference for project bids from Orange County, all proposed projects must be located...

 

HTMLCMS Unveils New Plan to Provide Infrastructure Capital to ACOs
Alexis Finkelberg Bortniker; Foley & Lardner LLP;
Legal Alert/Article
November 12, 2014, previously published on October 30, 2014
The Center for Medicare & Medicaid Innovation introduced the ACO Investment Model, on October 15, 2014, through which CMS will provide newly-formed ACOs in rural and underserved areas access to capital necessary for investment in the infrastructure necessary to successfully implement care...

 

HTMLA Familiar Riff: Gibson's Trade Dress Application Once Again Asks Whether a Guitar Body Shape Can Indicate Source
Siddharth E. Fernandes, Janina Gorbach; Foley & Lardner LLP;
Legal Alert/Article
November 12, 2014, previously published on October 29, 2014
In the same way that Rock and Roll will never die (according to Neil Young) it would appear that battles over the protection of trade dress embodied in the shape of guitars will likewise never die. In the latest installment of guitar body trade dress disputes, Gibson Brands, Inc.’s...

 

HTMLEbola Preparedness: Employee Education Is Key
John L. Litchfield; Foley & Lardner LLP;
Legal Alert/Article
November 12, 2014, previously published on October 27, 2014
In the wake of the world’s largest Ebola Virus Disease (EVD) outbreak in history, Americans have been inundated with media hype surrounding the disease, and the government and employers’ perceived inadequacy in their response. While the threat of a widespread EVD outbreak in the United...

 

HTMLExcessive Fee Case Withstands Dismissal
Peter D. Fetzer, Terry D. Nelson; Foley & Lardner LLP;
Legal Alert/Article
November 12, 2014, previously published on October 31, 2014
A court recently allowed an excessive fee case to withstand a dismissal motion. While the case is specific to investment advisers to funds of funds, the case contains cautions for all mutual fund directors.

 

HTMLAltering a Document Results in SEC Enforcement Action Against RIA Compliance Officer
Peter D. Fetzer, Terry D. Nelson; Foley & Lardner LLP;
Legal Alert/Article
November 12, 2014, previously published on October 31, 2014
A former compliance officer of a registered investment advisory firm is the subject of a recently filed SEC enforcement action (In re Wolf, SEC, Admin. Proc. File No. 3-16195, 10/15/14) based on allegations she altered a document before submitting it to the SEC as part of its investigation in...

 


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