Recently, regulators have made inquiries about the lawfulness of U.S. brokerage firms soliciting foreign clients. The regulators want to know under what exemptions or rules U.S. firms can do business overseas. This is a new trend.BackgroundIn years past, U.S. financial firms, when doing business Continue Reading
Gov’t Must Integrate Insurance With Cybersecurity
Cyber intrusions and attacks have increased dramatically over the last few years, exposing sensitive information, disrupting operations and imposing high costs on business and the economy. In an effort to encourage a stable, safe and resilient cyberspace, President Obama issued Executive Order Continue Reading
Health Law Insights Newsletter – Issue 4
McCarter & English, LLP’s Health Care Group presents the June 2014 issue of Health Law Insights, which discusses the latest legal issues in the health care industry. Federal Updates CMS Publishes Final Rule on Part D and Medicare Advantage RuleProposed Rule to Extend Certified Continue Reading
D.C. Circuit Overturns Lower Court Ruling and Reaffirms the Ability of In-House Counsel to Conduct Internal Investigations
In a significant decision issued last week reaffirming the importance of the attorney-client privilege in connection with internal investigations, the U.S. Court of Appeals for the D.C. Circuit reversed a lower court ruling that would have considerably hampered the ability of in-house counsel to Continue Reading
What Private Equity Fund Managers Need to Know About SEC Examinations
Prior to the passage of the Dodd-Frank Act, a private equity manager was exempt from federal regulation under the Investment Advisers Act of 1940 (the “Advisers Act”) so long as it managed fewer than 15 private equity funds. The Dodd-Frank Act overhauled the regulatory landscape by requiring a Continue Reading
Regulating Your Grocery Cart: The Push for GMO Labeling
If you produce, manufacture, sell, or distribute food products, you may be affected by the various state laws concerning the labeling of certain foods derived from genetically modified organisms (“GMO”). In particular, you should be aware of Vermont’s new GMO labeling law, commonly referred to Continue Reading
Declaratory Judgment Actions – Reconciling the Federal Circuit’s Organic Seed Growers Opinion with the U.S. Supreme Court’s Recent Lexmark Decision
Your longtime client calls to discuss its latest product and to thank you for providing it with great intellectual property counseling. The sales figures for this product are steadily increasing, and your client expects that the product will become a huge commercial success. This is great news for Continue Reading
The Unsatisfactory Insurance Aspect of the Federal Government’s Cybersecurity Initiatives
There has been a furor of activity by the federal government as it grapples with the cyber security threat. Guidance documents roll out, an executive order has been issued, and a Cybersecurity Framework has been set down. In all of this, insurance, the tool that is used in nearly all other Continue Reading
Health Law Insights Newsletter – Issue 3
McCarter & English, LLP’s Healthcare Group presents the May 2014 issue of Health Law Insights, which discusses the latest legal issues in the health care industry. Federal UpdatesCMS Issues Final Rule Designed to Streamline Medicare Regulatory RequirementsOIG Proposed Rules Would Boost Use of Continue Reading
Data on the Move: The Evolution of Mobile Tech and Compliance
Now that computers and the Internet are a regular part of our daily lives, the digital world increasingly contains potential evidence for all types of activity ranging from individual criminal actions to activity that may be relevant to a business litigation or investigation. Forensic investigations Continue Reading