Alert
Published 02/22/2013
Services White Collar and Government Enforcement
Tough, tenacious, aggressive – these are some of the most common adjectives used by news outlets when describing Mary Jo White, President Obama’s nominee for chairwoman of the Securities and Exchange Commission (SEC). These traits, which effective prosecutors often possess, have served Ms. White well in the past and no doubt will continue to do so in the future. However, just how Ms. White’s unique constitution will affect the market and financial industry in coming years is a matter of great interest and speculation. After all, the SEC’s mission is not only to “protect investors,” but also...
Alert
Published 02/22/2013
Services White Collar and Government Enforcement
On December 1, 2009, the United States government charged Scott Rothstein with money laundering and mail and wire fraud pertaining to his operation of a $1 billion Ponzi scheme. In connection with these charges, the government filed a Bill of Particulars identifying certain properties subject to criminal forfeiture upon conviction. These properties included bank accounts titled in the name of Rothstein’s law firm (Rothstein Rosenfeldt Adler, P.A.) (“RRA”), real estate, vehicles, jewelry and various business interests purchased by Rothstein with funds obtained from RRA, all of which were...
Alert
Published 02/22/2013
Services White Collar and Government Enforcement
The government will not ask the United States Court of Appeals for the Second Circuit to revisit a ruling in which it held that the federal Food, Drug, and Cosmetic Act could not prohibit pharmaceutical manufacturers or their marketing representatives from making truthful statements promoting the off-label use of approved drugs. As we wrote previously here , the case before the Second Circuit involved an appeal of a “misbranding” conviction of a pharmaceutical sales representative, Alfred Caronia. United States v. Caronia, 703 F.3d 149 (2d Cir. 2012). The Second Circuit concluded in December...
Alert
Published 02/22/2013
Alert
Published 02/22/2013
Industries Construction
Summary Pennsylvania's General Assembly recently enacted the Public Works Employment Verification Act (the "Act" or "Verification Act") (43 P.S. §§ 167.1 et seq.), aimed at ensuring that contractors and subcontractors on public works projects within the Commonwealth comply with federal employment eligibility requirements. The Department of General Services ("DGS") has recently issued guidelines for administering and enforcing the Act; the guidelines are located at Title 4, Chapter 66 of the Pennsylvania Administrative Code. 1 The Verification Act requires verification of citizenship or lawful...
Blog Post
Published 02/22/2013
By William W. Warren, Jr.
Blog Post
Published 02/21/2013
Alert
Published 02/21/2013
Industries Insurance
Summary The New Jersey Department of Banking and Insurance ("NJDOBI") issued a Bulletin to title insurance companies and producers and to real estate brokers, broker-salespersons and salespersons advising them of the restrictions on commissions, rebates and other inducements. The Bulletin is an important reminder that in order to ensure that no violations of New Jersey's laws prohibiting inducements occur, companies should establish compliance policies and adopt procedures to review those policies with their employees. On February 19, 2013, NJDOBI issued Bulletin No. 13-02 reminding not only...
Blog Post
Published 02/20/2013
By Ronald R. Fieldstone
Blog Post
Published 02/18/2013
By Ronald R. Fieldstone
Article
Published 02/18/2013
By Frederic M. Garsson
Industries Insurance
In these news briefs, Frederic M. Garsson, special counsel in the Insurance Practice, writes 1) about the extension of a policy termination moratorium after Hurricane Sandy, and 2) about a New York Department of Financial Services investigation that found licensed insurers in New York have paid more than $665 million in unclaimed life insurance benefits to people who did not know they were owed the money.
Article
Published 02/18/2013
Services Tax | Tax Controversies
Arnstein & Lehr Chicago Partner Kathleen M. Lach’s article on AT&T Teleholdings, Inc.’s recent state tax case appeared in the February 2013 issue of the Illinois State Bar Association’s Tax Trends newsletter, the newsletter of the ISBA’s section on State & Local Taxation. In an appeal by the Department of Revenue from an order of the circuit court reversing the determination of the Administrative Law Judge in the underlying hearing, the appellate court upheld the circuit court’s reversal finding that the Department did not properly utilize the mathematical error procedure to...
Article
Published 02/18/2013
Arnstein & Lehr Chicago Partners W. Toby Eveland and Christopher S. Naveja recently provided the first in a series of articles on ediscovery to be written by Arnstein & Lehr attorneys for Inside Counsel online. Mr. Eveland and Mr. Naveja’s article “E-discovery: 4 tips on cost effectively responding to a litigation hold,” appeared online in the February 12 issue, and can be read here . The series includes six total articles on e-discovery that will be posted to the Inside Counsel site every two weeks through April 23. Additional Arnstein & Lehr contributors will include Fort...
Alert
Published 02/14/2013
Alert
Published 02/13/2013
Summary The Consumer Financial Protection Bureau ("CFPB") recently warned servicers that it will be using its supervisory authority to ensure that a mortgage servicer has the appropriate policies and procedures in place to protect consumers during residential mortgage servicing transfers. The CFPB is focused on ensuring that information is quickly and accurately transferred to the new servicer and that there is minimal disruption in servicing, especially as it relates to a consumer's loss mitigation efforts. On February 11, 2013, the CFPB issued a bulletin advising residential mortgage...
Article
Published 02/13/2013
By Bruce D. Armon
Industries Health Care | Life Sciences
Services Tax
Bruce D. Armon, a partner and co-chair of the Health Practice co-wrote this article about the potential tax issues that physicians may face when starting a new job. The story touches on issues related to moving expenses, income guarantee agreements, status of employees versus independent contractors, and the organizational form of the medical practice.
