Legal Articles: Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

 







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HTMLSEC Introduces "Control Person" Liability as Enforcement Action Weapon in Claim Against Municipal Officer for Misleading Bond Offering Document
Leonard Weiser-Varon; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 10, 2014
The U.S. Securities and Exchange Commission recently settled the first securities fraud charges brought against a municipal official alleging "control person" status under the federal securities laws. The SEC’s settlement with the former mayor of the city of Allen Park, Michigan...

 

HTMLPennsylvania Amends Act 47 to Give the Commonwealth More Oversight and its Municipalities Less Time to Reorganize
William W. Kannel, Adrienne K. Walker; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 7, 2014
Pennsylvania’s legislature recently approved House Bill No. 1773, an overhaul to its Municipalities Financial Recovery Act, commonly known as “Act 47.” HB 1773 was signed into law by Governor Tom Corbett on October 31, 2014.

 

HTMLMandatory Privacy Training Rule for Federal Contractors Expected Soon
Jonathan T. Cain; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 10, 2014
A rule to require federal contactors handling personally identifiable information to train their employees in safeguarding the information is close to release. Under the anticipated rule, contractor employees will have to undergo either agency training when the agency chooses to make it available,...

 

HTMLBusiness Judgment Rule Protects Board’s Decision to Maximize the Value of an Insolvent Delaware Corporation Even If It Puts Creditors at Risk
A. W. "Chip" Phinney, Kevin J. Walsh; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 17, 2014, previously published on October 31, 2014
Directors of an insolvent corporation face a host of difficult questions. Should they wind up operations or file for bankruptcy to preserve assets for creditors, or chart a riskier course that could lead the company back to profitability and possibly create value for shareholders? If they choose...

 

HTMLCPSC Announces Largest Civil Penalty to Date for Alleged Failure to Timely Report
Matthew Cohen, Matthew R. Howsare; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 5, 2014
On October 28, 2014, the U.S. Consumer Product Safety Commission (CPSC) announced that Baja Inc., and its corporate affiliate, One World Technologies Inc., of Anderson, S.C., agreed to pay a $4.3 million civil penalty to resolve charges that it knowingly failed to immediately report certain defects...

 

HTMLElectronically Signing USPTO Papers: There’s a Rule for That
Christina Sperry; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 17, 2014, previously published on October 20, 2014
Ten years ago, on September 21, 2004, the USPTO implemented the portion of the 21st Century Strategic Plan permitting the use of electronic or mechanical signatures, called “S-signatures,” on papers filed at the USPTO. Now a largely routine practice, the rule at 37 C.F.R. 1.4 governing...

 

HTMLThree Observations From the SEC’s Settlements with Thirteen Municipal Dealers Over Below-Denomination Sales of Puerto Rico Bonds
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 5, 2014
On November 3, 2014, the SEC announced settlements with thirteen different registered municipal securities dealers in connection with sales of non-investment grade bonds issued by Puerto Rico in 2014.

 

HTMLSupreme Court Seems Likely to Adopt Reasonable Basis Standard for Section 11 Claims Concerning Statements of Opinion in Registration Statements
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 5, 2014
If Monday’s oral argument in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund is a reliable indicator, it seems likely that the Court will adopt the “reasonable basis” standard advocated by the Solicitor General’s Office and the SEC for claims...

 

HTMLSupreme Court Seems Likely to Adopt Reasonable Basis Standard for Section 11 Claims Concerning Statements of Opinion in Registration Statements
A. W. "Chip" Phinney; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 5, 2014
If Monday’s oral argument in Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund is a reliable indicator, it seems likely that the Court will adopt the “reasonable basis” standard advocated by the Solicitor General’s Office and the SEC for claims...

 

HTMLThe Affordable Care Act-Countdown to Compliance for Employers, Week 7: IRS Puts the Kibosh on Health Plans that Fail to Cover Hospital or Physician Services
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
November 17, 2014, previously published on November 10th, 2014
In a previous post, we described an Affordable Care Act compliance strategy—referred to commercially as a “minimum value plan” or “MVP”—that involves an offer of group health plan coverage that, while similar in most respects to traditional major medical...

 


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