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|The Return of the Slime Monster|
Matthew S. Hendricks; Baker Sterchi Cowden & Rice, L.L.C.;
July 28, 2014, previously published on July 23, 2014The news is quietly starting to find its way back into internet chat rooms and food web blogs regarding mechanically separated meat products (MSM) - more often referred to by their detractors as “pink slime”. MSM is made by a process in which parts of animal carcasses left over after...
|Charting the Future of Premium Subsidies under the Affordable Care Act: Halbig v. Burwell and King v. Burwell|
Roy M. Albert, Alden J. Bianchi, Stephen M. Weiner; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
July 28, 2014, previously published on July 24, 2014On July 22, 2014, two federal appellate courts issued conflicting decisions, within hours of each other, regarding the IRS final rule published on May 23, 2012 (the “IRS Rule”), intended to implement the exchange-related tax credit provisions of the Affordable Care Act...
|FTC Continues Vigorous Section 5 Enforcement|
Ian G. John, John H. Lyons, Kenneth B. Schwartz; Skadden, Arps, Slate, Meagher & Flom LLP;
July 28, 2014, previously published on July 23, 2014On July 21, 2014, the Federal Trade Commission (FTC or Commission) accepted a consent agreement, subject to final approval, to settle charges with two Internet resellers of Universal Product Code (UPC) barcodes accused of violating Section 5 of the FTC Act (Section 5) by inviting competitors to...
|New York Proposes “BitLicense” for Virtual Currency Trading|
Rebekah E. Raber; Husch Blackwell LLP;
July 28, 2014, previously published on July 24, 2014On July 17, 2014, New York became the first state to propose guidelines to regulate virtual currencies such as Bitcoin. The proposed rules issued by the New York Department of Financial Services (“NYDFS”) would require entities engaged in the “virtual currency business” to...
|Ukraine-Related Sanctions: Latest Developments Include U.S. Introduction of Sectoral Sanctions Imposing Targeted Sanctions on Certain Entities in Russia’s Financial Services and Energy Sectors; U.S. Designating Additional Persons and Entities as Blocked Persons; and New EU Designations Targeting Additional Individuals and Entities|
Sullivan Cromwell LLP;
July 28, 2014, previously published on July 25, 2014In response to the continued unstable situation in Ukraine, the European Union and the United States announced economic sanctions targeting certain Russian and Ukrainian persons and entities. The U.S. measures were taken prior to the date that Malaysia Airlines Flight 17 was shot down over Eastern...
|EPA Proposes Phase I Environmental Site Assessment Protocol Requiring Vapor Intrusion Investigation|
Morris Polich Purdy LLP;
July 28, 2014, previously published on July 14, 2014The tragedy of September 11, 2001 forced the Second Circuit of the Court of Appeals to address the application of an infrequently used affirmative defense to liability under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”) in the In re September 11...
|Courts Issue Conflicting Rulings on ACA Subsidies|
Russell Orban; Husch Blackwell LLP;
July 28, 2014, previously published on July 23, 2014The Patient Protection and Affordable Care Act (ACA) has always faced tremendous challenges due to the sheer magnitude of both the changes it authorized and the people it will impact. Now two different Federal Circuit Courts of Appeal have made the law’s implementation even more difficult by...
|Russia/Ukraine Economic Sanctions Update: New Measures Target the Energy, Financial and Defence Sectors|
John W. Boscariol, Robert A. Glasgow, Brandon Mattalo; McCarthy Tétrault LLP;
July 28, 2014, previously published on July 25, 2015On July 24, 2014, following the downing of Malaysian Airlines Flight MH17 and continued turmoil in eastern Ukraine, the Government of Canada expanded its economic sanctions against Russia by adding individuals and entities to its lists of “designated persons” and creating new categories...
|IPR Spotlight Series: What to Do When the PTAB Denies Your Petition to Institute IPR|
Meaghan Hemmings Kent, Fabian M. Koenigbauer, Carly S. Levin, Steven J. Schwarz; Venable LLP;
July 28, 2014, previously published on July 24, 2014Inter partes review (IPR) before the Patent Trial and Appeal Board (PTAB) became available on September 16, 2012 as a post-grant review procedure to challenge the patentability of issued claims based on prior art patents and publications. To help navigate the uncharted waters of this procedure,...
|Hospital lab services may not constitute unrelated trade or business: IRS Technical Advice Memorandum|
Wakaba Y. Tessier; Husch Blackwell LLP;
July 28, 2014, previously published on July 25, 2014On July 11, 2014, the Internal Revenue Service (“IRS”) released a Technical Advice Memorandum (“TAM”) dated March 7, 2008, which concluded that, contrary to the general rule set forth in Revenue Ruling 85-110 (“Rev. Ruling 85-110”), a tax-exempt hospital’s...