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HTMLDevelopments Regarding Aggregate Contribution Limits
Matthew Bobys, Kenneth A. Gross, Ki P. Hong, Melissa L. Miles, Patricia M. Zweibel; Skadden, Arps, Slate, Meagher & Flom LLP;
Legal Alert/Article
June 30, 2014, previously published on June 17, 2014
In the aftermath of the U.S. Supreme Court's decision in McCutcheon v. FEC, striking down the aggregate limits imposed on individual contributions under federal law, several jurisdictions also have taken steps to address aggregate limits. (For a more detailed discussion of the Court's decision, see...

 

HTMLSupreme Court Rules Aereo’s Streaming Service Violates Copyright Law
John M. Beahn, Anthony J. Dreyer, David W. Hansen, Paul M. Kerlin, Stuart D. Levi; Skadden, Arps, Slate, Meagher & Flom LLP;
Legal Alert/Article
June 27, 2014, previously published on June 25, 2014
In a case closely watched by the television, cable and online content industries, the Supreme Court ruled today that online start-up Aereo Inc. violates copyright law by redistributing over-the-air broadcast content without paying licensing fees to broadcasters. The decision is a significant...

 

HTMLSEC Issues Fine in Pay-to-Play Rule and Registration Requirement Violation Case
Rachel L. Applestein, Matthew Bobys, Kenneth A. Gross, Ki P. Hong, Patricia M. Zweibel; Skadden, Arps, Slate, Meagher & Flom LLP;
Legal Alert/Article
June 27, 2014, previously published on June 24, 2014
On June 20, 2014, the Securities and Exchange Commission ("SEC") censured and fined investment adviser TL Ventures Inc. for violating the SEC's pay-to-play rule, Rule 206(4)-5 (the "Rule"), and failing to properly register under the Investment Advisers Act of 1940 (the...

 

HTMLSupreme Court Clarifies Standard to Challenge IRS Summons
Roland Barral, David W. Foster, Armando Gomez, Julia M. Kazaks; Skadden, Arps, Slate, Meagher & Flom LLP;
Legal Alert/Article
June 27, 2014, previously published on June 20, 2014
On June 19, 2014, the U.S. Supreme Court in United States v. Clarke held that a taxpayer has a right to conduct an examination of IRS officials regarding their reasons for issuing an administrative summons when the taxpayer points to specific facts or circumstances plausibly raising an inference of...

 

HTMLFCC Issues Rules for First-Ever Incentive Auction of TV Broadcast Spectrum
John M. Beahn, Joshua Gruenspecht, David H. Pawlik, Ivan A. Schlager; Skadden, Arps, Slate, Meagher & Flom LLP;
Legal Alert/Article
June 18, 2014, previously published on June 13, 2014
On June 2, 2014, the Federal Communications Commission (FCC, or Commission) released rules designed to implement the first-ever incentive auction in which spectrum will be recovered from television broadcasters, who voluntarily choose to give up some or all of their spectrum usage rights in...

 

HTMLIRS Section 409A Audit Initiative May Signal Increased Enforcement Activity
Michael R. Bergmann, Neil M. Leff, Regina Olshan, Erica F. Schohn, Joseph M. Yaffe; Skadden, Arps, Slate, Meagher & Flom LLP;
Legal Alert/Article
June 10, 2014, previously published on May 28, 2014
Since the adoption of Section 409A of the Internal Revenue Code, employers and practitioners have wondered when and how the IRS would enforce it. With the recent IRS announcement of an audit initiative with respect to Section 409A, it appears that question may be answered.

 

HTMLSEC Issues New FAQs on Municipal Advisor Rule
Matthew Bobys, Kenneth A. Gross, Ki P. Hong, Melissa L. Miles, Patricia M. Zweibel; Skadden, Arps, Slate, Meagher & Flom LLP;
Legal Alert/Article
June 10, 2014, previously published on May 29, 2014
On May 19, 2014, the SEC issued an updated set of FAQs on the rule defining and requiring municipal advisors to register with the SEC (the Rule). The updated FAQs provide clarification on several important issues for certain market participants, most notably regarding (1) due diligence requirements...

 

HTMLHHS OIG Issues New Guidance on Patient Assistance Programs
John T. Bentivoglio, Jennifer L. Bragg, Alexander R. Cohen, Michael K. Loucks, Gregory M. Luce; Skadden, Arps, Slate, Meagher & Flom LLP;
Legal Alert/Article
May 29, 2014, previously published on May 27, 2014
On May 21, 2014, the U.S. Department of Health and Human Services Office of Inspector General (OIG) issued a special advisory bulletin addressing independent charity patient assistance programs (PAPs) for federal health care program beneficiaries. The bulletin builds on prior OIG guidance on the...

 

HTMLEleventh Circuit Addresses Scope of FCPA Coverage of Activity Involving State-Controlled Business Enterprises
Gary DiBianco, Mitchell S. Ettinger, Warren L. Feldman, Eric J. Gorman, Bradley A. Klein; Skadden, Arps, Slate, Meagher & Flom (UK) LLP;
Legal Alert/Article
May 29, 2014, previously published on May 20, 2014
On May 16, 2014, a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit provided the first appellate court interpretation of the reach of the U.S. Foreign Corrupt Practices Act (FCPA) to conduct involving state-controlled business entities. Affirming two FCPA convictions, the...

 

HTMLTreasury Issues Proposed Regulations Defining ‘Real Property’ for REIT Purposes
Pamela Lawrence Endreny, Fred T. Goldberg, Edward E. Gonzalez, Victor Hollender, David F. Levy; Skadden, Arps, Slate, Meagher & Flom LLP;
Legal Alert/Article
May 19, 2014, previously published on May 13, 2014
On May 9, 2014, the U.S. Department of the Treasury (Treasury) released proposed regulations defining the term “real property” for purposes of the REIT rules. The proposed regulations, which provide a framework for taxpayers, practitioners and the government to analyze the REIT...

 


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