Article(s) published by this organization: 76
 | PTO Rescinds Controversial Rules and Pushes for Substantive Rulemaking Authority
November 6, 2009 The U.S. Patent and Trademark Office (PTO) announced on October 8 that the controversial rules that would have limited the number of patent claims per application, and the number of continuing applications that could be filed, have been rescinded. This withdrawal effectively settles the dispute in... |
| EPA Proposes PSD and Title V Thresholds for Greenhouse Gases - Expects Permitting Requirements to Trigger in March of 2010
November 6, 2009 On September 30, 2009, the U.S. Environmental Protection Agency ("EPA") issued a proposed "Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule" that would establish a transition period for the implementation of Prevention of Significant... |
| En Banc Federal Circuit Holds, 'Section 271(f) Does Not Cover Method Claims' Daniel Scott Leventhal; Fulbright & Jaworski L.L.P.; August 24, 2009 On August 19, 2009, an en banc panel of the Federal Circuit held that Section 271(f) of the Patent Act (35 U.S.C. § 271(f)) does not cover method claims. Cardiac Pacemakers, Inc. v. St. Jude Med., Inc., No. 2007-1296, slip op. at 17 (Fed. Cir. Aug. 19, 2009). In doing so, the Federal Circuit... |
| SEC Invokes Control Person Liability Provisions of the Exchange Act to Heighten Potential Exposure for FCPA Violations Richard C. Smith, Marsha Z. Gerber, Carlos Rainer; Fulbright & Jaworski L.L.P.; August 24, 2009 Recently, the U.S. Securities and Exchange Commission (the "Commission") filed a settled enforcement action involving charges brought by the Commission against Nature's Sunshine Products, Inc. ("NSP"), its Chief Executive Officer, Douglas Faggioli ("Faggioli"), and... |
| U.S. Court of Appeals Rules That IRS is Entitled to Tax Accrual Work Papers Nancy T. Bowen, William S. Lee, Robert C. Morris; Fulbright & Jaworski L.L.P.; August 20, 2009 In a highly controversial 3-2 decision, the United States Court of Appeals for the First Circuit ruled in United States v. Textron, Inc., 2009 U.S. App. LEXIS 18103 (1st Cir. Aug. 13, 2009), that the work product privilege does not protect a company's tax accrual work papers from IRS discovery. The... |
| FERC Continues Quest to Improve Market Transparency and Seeks to Adopt New NAESB Standards Lisa M. Tonery, Letitia W. McKoy, Tania S. Perez, Rabeha Kamaluddin; Fulbright & Jaworski L.L.P.; August 20, 2009 On July 16, 2009, the Federal Energy Regulatory Commission ("FERC") issued two Notices of Proposed Rulemaking ("NOPRs") pertaining to the (i) reporting requirements of intrastate pipelines that provide interstate services under Section 311 of the Natural Gas Policy Act... |
| SEC Proposes Rule To Curtail "Pay to Play" Practices By Investment Advisers Andrew J. Demetriou, Amber Ervin, Gregory M. Matlock; Fulbright & Jaworski L.L.P.; August 19, 2009 On August 3, 2009, the Securities and Exchange Commission (the "SEC") proposed rules under the Investment Advisers Act of 1940, 15 U.S.C. § 80b (the "Advisers Act"), aimed at curtailing "pay to play" practices of investment advisers who provide services to governmental... |
| High Court Upholds Right of State Prosecutors to Enforce State Fair Lending Laws Against National Banks Richard C. Smith, Glenn Jones, Kimberly Hope Levy; Fulbright & Jaworski L.L.P.; August 19, 2009 On June 29, 2009, a five-Justice majority of the Supreme Court, led by Justice Antonin Scalia, issued a ruling likely to have significant implications for the future of financial regulation. In Cuomo v. The Clearing House Association, L.L.C., No. 08-453, the Court vacated a lower court's injunction... |
| DHL's $9.44 Million Settlement Agreement with BIS and OFAC Signals Continued Commitment to Enforcing Sanctions Laws Kimberly Hope Levy; Fulbright & Jaworski L.L.P.; August 19, 2009 On August 6, 2009, the U.S. Government announced that it reached a $9.44 million agreement with DHL to settle allegations that the company made hundreds of shipments to Iran, Sudan, and Syria, and failed to meet recordkeeping requirements in violation of U.S. export controls and sanctions laws.... |
| Effect of Party Insolvency on Arbitration Proceedings Recent Decisions Give Pause for Thought in Testing Times Jonathan H. Sutcliffe, James Rogers; Fulbright & Jaworski L.L.P.; August 19, 2009 The current state of the global economy has seen a marked rise in the number of corporate insolvencies. With commercial disputes also on the increase in recessionary times, many parties will be left contemplating claims against insolvent entities. In cross-border disputes, claimants will have the... |
