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  • Compliance Team Takes the Hit for MNPI Process Failures; and SEC Continues Crusade Against “Inadequate Disclosure”: Lessons Learned from SEC & FINRA Cases and Worth Reading for July 2020

    Lessons Learned  -
 Another Adviser Nailed for Inadequate Handling of Material Nonpublic Information. This is the second enforcement recently where the SEC fined an adviser for inadequate policies and procedures for handling material nonpublic information without alleging actual insider trading.  (See Hardin’s analysis of the SEC’s enforcement action against Cannell Capital in March.)  In this case, private equity adviser, Ares Management LLC (“Ares”), invested in debt and equity of a public company.  Ares’ equity position gave it the right to appoint two directors.  The employee-director appointed also served on Ares’ investment committee....

  • New HHS Guidance on Solid Organ Transplantation: Reducing Risk and Increasing Availability

    Organ procurement organizations (OPOs) and transplant centers should take note: as expected, and as outlined in our recent organ procurement and transplant alert, the U.S. Department of Health and Human Services (HHS) continues to prioritize reduction of the organ transplant waitlist by increasing access to transplantable organs. On June 26, 2020, the U.S. Public Health Service (PHS) published new guidelines meant to encourage the safe transplantation of organs, particularly where donors may have been at risk for HIV, hepatitis B virus (HBV), or hepatitis C virus (HCV). ...

  • Patent Prosecution Tool Kit: Patenting the Product Label

    When the U.S. Food and Drug Administration approves a new drug, it also approves a package insert of the drug, known as a “product label.” A pharmaceutical company marketing a generic product is required to package their product with a product label. The generic product label is typically substantially similar to the brand product label. Rarely does a generic company perform a step recited in a method of use patent, such as “treating a patient.” Therefore, to establish patent infringement, a patentee must demonstrate the company induced a third party, e.g. the doctor or patient, to perform the claimed method.  

  • Final IRS Regulations for RICs to Passthrough REIT Dividends Eligible for 20% Deduction

    The U.S Department of the Treasury and the Internal Revenue Service on June 24, 2020 issued final tax regulations ("Final Regulations") that permit a regulated investment company (“RIC”) to report to its shareholders the portion of the RIC’s dividends paid that constitutes dividend income from real estate investment trusts (REITs). Such shareholders will be entitled to a special 20% deduction against such dividend income. These regulations finalize, with few modifications, proposed regulations issued in February 2019 ("Proposed Regulations").

  • Breaking: Supreme Court to Weigh in on TCPA’s Autodialer Definition

    On July 9th, the Supreme Court granted certiorari in Duguid v. Facebook to decide, once and for all, whether an automatic telephone dialing system (ATDS), as the Telephone Consumer Protection Act (TCPA) defines the phrase, requires random or sequential number generation. The case will be argued before the Court in the October 2020 Term.

  • Beyond Data Breach: Evaluating Coverage for Misuse of Information Claims

    New and comprehensive privacy and cyber regulations continue to proliferate across the globe. These are not your father’s data breach notification laws. The scope of information included within these mandates has expanded significantly beyond the limited categories of personally identifiable information found in early notification laws to now include broad categories of information like browsing history, biometric information, geolocation information, and audio, visual, thermal, and olfactory information, depending on the specific law or regulation at issue.

  • CFPB Issues Interpretive Rule on Determining Underserved Areas

    The CFPB recently issued an interpretive rule providing updated guidance on how HMDA data will be used to determine which counties are considered “underserved” in a given year....

  • Law Firms: Change as a Challenge, or an Opportunity?

    Four years ago, we joined with HighQ in looking at the question, “What do you believe lawyers and law firms need to do to prepare for the future of legal services?”
 Considering how much has happened even in the past six months, and looking at the way the legal industry adapted to being fully remote in many countries in 1-2 weeks, I thought it would be an interesting exercise to look back at what some of the leading experts in the industry had to say in 2016, and put that into today’s context.

  • IRS Continues to CARE(S) – Releases Notices on Required Minimum Distributions and Safe Harbor Contributions

    The Internal Revenue Service released Notice 2020-51 on June 23, 2020, which provides additional Coronavirus related guidance relating to the waiver of 2020 required minimum distributions (RMDs) under certain defined contribution and individual account plans (such as 401(k) and 403(b) plans) and under individual retirement accounts (IRAs). Then, on June 29, 2020, the IRS released Notice 2020-52, which provides Coronavirus related guidance for safe harbor 401(k) and 401(m) plans that make mid-year amendments to reduce contributions made on behalf of highly compensated employees (HCEs) and temporary relief from certain requirements with respect to mid-year amendments that reduce or suspend safe harbor contributions.

  • Minnesota, Oklahoma and South Carolina Adjust Consumer Finance Dollar Amounts

    Minnesota, Oklahoma and South Carolina announced adjustments to the dollar amounts under certain respective consumer finance laws....

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