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Foley & Lardner LLP Document Search Results (474)

 

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HTMLInvestment Management Guidance on Social Media Filings
Michael G. Dana, Peter D. Fetzer, Terry D. Nelson; Foley & Lardner LLP;
Legal Alert/Article
June 5, 2013, previously published on May 30, 2013
The staff of the SEC’s Division of Investment Management has issued guidance for mutual funds in response to questions about whether certain interactive content posted in social media, chat rooms, or other “real-time electronic forums” is advertising that should be filed under the...

 

HTMLFederal Circuit Holds That Third Party Clinical Trial May Not Constitute Public Use
Courtenay C. Brinckerhoff; Foley & Lardner LLP;
Legal Alert/Article
June 5, 2013, previously published on May 30, 2013
In Dey, L.P. v. Sunovion Pharmaceuticals, Inc., the Federal Circuit vacated the district court’s grant of summary judgment in favor of Sunovion, and remanded for further consideration of whether Sunovion’s clinical trial constituted a “public use” of the formulation claimed...

 

HTMLFund Manager Agrees to Be Barred From the Securities Industry in Connection With Misappropriating Fund Assets
Michael G. Dana, Peter D. Fetzer, Terry D. Nelson; Foley & Lardner LLP;
Legal Alert/Article
June 5, 2013, previously published on May 30, 2013
The SEC recently entered an enforcement order against Walter V. Gerasimowicz and his firms, Meditron Asset Management, LLC, a registered investment adviser, and Meditron Management Group, LLC for, among other things, misappropriating and misusing client assets and making repeated material...

 

HTMLFather and Son Charged by SEC With Cherry Picking Over the Interests of Clients
Michael G. Dana, Peter D. Fetzer, Terry D. Nelson; Foley & Lardner LLP;
Legal Alert/Article
June 5, 2013, previously published on May 30, 2013
In a recent enforcement action (SEC v. Charles J. Dushek, et al., Civil Action No. 13-CV-3669, N.D. Ill., filed May 16, 2013), the SEC accused a father (Charles J. Dushek) and son (Charles S. Dushek) with defrauding clients by “cherry picking” investments over the interests of their...

 

HTMLThe Third Circuit Rules President Obama's 2010 NLRB Recess Appointment Was Invalid
Philip B. Phillips; Foley & Lardner LLP;
Legal Alert/Article
June 5, 2013, previously published on May 30, 2013
Dealing yet another blow to the National Labor Relations Board (“NLRB” or “Board”), on May 16, 2013, the Third Circuit Court of Appeals ruled that President Obama’s 2010 recess appointment of Craig Becker to the NLRB was invalid. The case is NLRB v. New Vista Nursing...

 

HTMLNo TCPA Express Consent When Instructions to the Contrary are Provided
Michael C. Lueder; Foley & Lardner LLP;
Legal Alert/Article
June 5, 2013, previously published on May 29, 2013
The Federal Communications Commission has long held that a person who knowingly releases his telephone number to a person or entity has in effect given his permission to be called at that number unless he provides “instructions to the contrary.” In a recent case involving Papa...

 

HTMLCFPB Takes Its First Aim at Abusive Practices Under Dodd-Frank
Rebecca R. Hanson; Foley & Lardner LLP;
Legal Alert/Article
June 4, 2013, previously published on May 31, 2013
Yesterday, the CFPB took the first step in enforcing the “abusive” standard under the Dodd-Frank Act’s prohibition of unfair, deceptive and abusive acts and practices (“UDAAP”) by filing a federal action against a Florida debt-relief company. The CFPB’s action...

 

HTMLBoard Oversight of Distribution and Financial Intermediaries
Michael G. Dana, Peter D. Fetzer, Terry D. Nelson; Foley & Lardner LLP;
Legal Alert/Article
June 4, 2013, previously published on May 30, 2013
One of the SEC’s stated focuses is on payments for “distribution in guise.” Mutual funds are only permitted to pay for distribution of their shares if they have adopted a Rule 12b-1 plan. Funds are not permitted to pay for distribution outside of Rule 12b-1, but they are permitted...

 

HTMLWill the Supreme Court Limit Nanotech Patents?
Stephen B. Maebius; Foley & Lardner LLP;
Legal Alert/Article
June 4, 2013, previously published on May 31, 2013
In a case styled The Association for Molecular Pathology v. Myriad Genetics, the Supreme Court is confronting the question of whether or not human genes are patent eligible under 35 U.S.C. 101. A decision is expected in the near future. A primary argument of the parties opposing gene patents is...

 

HTMLNanomedicine Hitting Its Stride? Beware of Patent Risks
Stephen B. Maebius; Foley & Lardner LLP;
Legal Alert/Article
June 4, 2013, previously published on May 31, 2013
Though the first nanoparticulate drug formulation was approved by the U.S. FDA way back in 1995, a recent flurry of deals and product approvals have shown increasingly high valuations for nanomedicine companies.

 


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