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.
FinCEN Proposes to Regulate Investment Advisers under the Bank Secrecy Act
Authors: Kimberly V. Mann, Aaron R. Hutman, Matthew R. Rabinowitz
The U.S. Treasury Department’s Financial Crimes Enforcement Network (FinCEN) issued a notice of proposed rulemaking on August 25, 2015 which, among other things, would add SEC-registered investment advisers to the “financial institutions” regulated under the Bank Secrecy Act (BSA). This represents another step by the U.S. government to expand the professions and industries deemed anti-money laundering (AML) gatekeepers. Covered investment advisers will face new AML program, reporting and record-keeping requirements, with implications for hedge, private equity and other funds; money managers; and public or private real estate funds.
FCC Enforcement Monitor
Authors: Scott R. Flick, Jessica T. Nyman
- FCC Again Cracks Down on Wi-Fi Blocking at Conference Centers
- Licensee Faces $27,000 Fine for Repeatedly Failing to File Kidvid Reports
- Too Little Too Late: FCC Dismisses as Late (and Meritless) Antenna Structure Owner’s Petition for Reconsideration
340B Omnibus Guidance Would Significantly Narrow the Pool of Eligible Patients
Author: Kristi V. Kung
New guidance from the Health Resources Services Administration (HRSA) clarifying certain definitions integral to the 340B Drug Pricing Program (“340B Program”) will significantly limit the number of patients eligible to receive 340B drugs, resulting in substantial increases in prescription drug costs for many 340B-participating health care providers.1 The guidance contains a 6-part test for “eligible patient,” substantially more onerous to meet than HRSA’s previous 3-part test and directly conflicting with previous guidance issued by HRSA. If this new “patient” definition is finalized, we expect that many 340B covered entities will be significantly affected and see a material reduction in the number of patients eligible to receive 340B discounted drugs. This decrease will result in higher pharmaceutical drug costs for these covered entities and potentially significant economic consequences. Additionally, the “clarifying” nature of the new guidance indicates that 340B hospitals may be subject to retroactive audits from both manufacturers and HRSA, applying the narrowed patient definition to prior time periods and resulting in hospital refunds to drug manufacturers. Covered entities will likely need to revise their 340B Program compliance and prepare for audits. Comments to the proposed guidance are due no later than October 27, 2015.
EPA's New RCRA Subtitle D Coal Combustion Rules are Published in the Federal Register
Source: EM Magazine
Author: Anthony B. Cavender
EPA’s new rules regulating the disposal of coal combustion residuals as non-hazardous solid waste under the Resource Conservation and Recovery Act (RCRA) Subtitle D have been published in the Federal Register. The rules are effective on October 14, 2015, and they are being challenged in court.
In Reversal, California Supreme Court Allows Assignment of Coverage for Liability Claims
Author: Robert L. Wallan
California’s Supreme Court has reversed its own heavily criticized decision from 2003 in Henkel Corp. v. Hartford Accident & Indem. Co. (2003) 29 Cal. 4th 934. In Fluor Corp. v. Superior Court, the Court announced that its rule against assignment as adopted in Henkel must be reversed because the earlier decision had failed to consider a 19th-century statute that dictates a rule favoring assignability. The decision brings California into line with the large majority of states, and it is especially relevant to corporate policyholders who have been through or face corporate spinoffs and other mergers and acquisition transactions.