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Publications & Presentations

We encourage you to peruse this Publications & Presentations section for timely analysis and industry insights, including bylined articles, client alerts, white papers, practice and industry newsletters, audio and video broadcasts, featuring interviews with our lawyers, as well as case studies highlighting compelling legal challenges our clients have faced.

Also, please visit our Events page to learn more about upcoming seminars, CLE programs, and other presentations which may be of interest.

Recent Publications

Keeping it Legal: Managing FDA Compliance for Consumer-Generated Content
Authors: Gerry Hinkley, Caitlin Bloom Stulberg

Social technology platforms allow manufacturers to leverage consumer-generated content about their products (“CGC”) more easily than ever before. Such CGC generally takes the form of written testimonials and product reviews from independent, third-party consumers published on discussion forums, blogs, or online message boards. When collecting and utilizing CGC in promotional activities, manufacturers of regulated products should take steps to remain transparent and compliant with regulating authorities.

Following a Regulatory Trend, CFTC Inches towards Cybersecurity Testing Requirements
Authors: Andrew Caplan, Brian E. Finch, Elizabeth Vella Moeller

Commodity Futures Trading Commission (CFTC) Chairman Timothy Massad has recently stated that the CFTC may soon issue principles-based standards that would require certain CFTC-regulated entities to conduct penetration, vulnerability, and control testing of cybersecurity systems. This warning comes on the heels of recent activity by Federal and State financial regulators, who have been taking an increasingly active role in issuing specific cybersecurity requirements for regulated financial institutions. In light of the CFTC’s current political make-up (two Democratic Commissioners who would apparently support CFTC-issued cybersecurity regulations and one Republican who may oppose them), it appears likely that we will see enhanced cybersecurity regulation of certain CFTC-regulated entities in the near term.

Sixth Circuit Rejects Clean Air Act Preemption of State Common Law Claims: Four Things to Know
Authors: Matthew W. Morrison, Bryan M. Stockton

In two decisions released on November 2, 2015, Merrick, et al. v. Diageo Americas Supply, Inc. and Little et al. v. Louisville Gas & Electric Company; PPL Corporation, the U. S. Court of Appeals for the Sixth Circuit unambiguously held that the Clean Air Act (CAA) does not preempt state common law claims brought against regulated sources of air emissions in the same state.1 As we noted in a previous client alert and subsequent Environmental Law Reporter article,2 a facility that is otherwise in compliance with CAA emission requirements can still face lawsuits by neighboring landowners for traditional torts such as nuisance and trespass. Merrick and Little are not outliers but add to the foundation of precedent across the Second, Third, and Sixth Circuits, and Iowa Supreme Court.

September/October 2015
New challenges for nuclear new build financing
Source: Nuclear Future
Authors: Vincent C. Zabielski, Elina Teplinsky

Sponsors of new build projects in the EU need to be aware of state aid regulations, and plan carefully to implement a nuclear development strategy that is consistent with them, say Vincent Zabielski and Elina Teplinsky

The Dos and Don’ts of an SEC Examination
Authors: Ildiko Duckor, Sarah A. Good, Corey Harris

The regulatory environment for SEC-registered advisers has become more complex as the result of a more aggressive and interconnected Securities and Exchange Commission (SEC). The connecting hub within the SEC is the Office of Compliance Inspection and Examination (OCIE), which serves as the “eyes and ears” of the SEC. The OCIE often is the first line of contact between an investment adviser and a potential referral to the SEC Enforcement Division’s Asset Management Unit (AMU), which is devoted exclusively to investigations involving investment advisers, investment companies, hedge funds and private equity funds.

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