Legal Articles
March 8, 2010
Elizabeth Nedrow - Holland & Hart LLP A recent decision by the Ninth U.S. Circuit Court of Appeals may make it
harder for insurance companies in some states to defend claims denials.
Standard Insurance Company v. Morrison, a case decided by the
court on October 27, 2009, established its place in claims denial case
history by addressing the standard of review in Employee Retirement Income
Security Act (ERISA) cases. Full Story
March 4, 2010
Jeffrey Margolis and Barry D. Lapides - Duane Morris LLP The U.S. Department of Housing and Urban Development (HUD) recently issued
new rules that modify the Real Estate Settlement Procedures Act (RESPA).
RESPA is a consumer-protection statute that was enacted to (1) help
consumers become better shoppers for settlement services and (2) eliminate
kickbacks and referral fees that unnecessarily increase the costs of
certain settlement services. Loans secured with a mortgage placed on a
one-to-four-family residential property are governed by RESPA. These loans
include most purchase loans, assumptions, refinances, property improvement
loans, and equity lines of credit. HUD's Office of RESPA and Interstate
Land Sales is responsible for enforcing RESPA. Full Story
February 8, 2010
Michael Dawkins - Baker Donelson On January 4, 2010, the United States Environmental Protection Agency (EPA)
formally solicited comments on what should be EPA's enforcement priorities
for fiscal years 2011 through 2013. The EPA's draft list of priorities
indicates a new emphasis on certain sectors of the economy, including
manufacturers that cause disproportionate environmental impact to minority
neighborhoods, manufacturers and users of pesticides, developers with
projects impacting wetlands, and owners, operators and industrial users of
municipal wastewater treatment facilities. EPA's request for public
comments is published at 75 Federal Register 146-148. Full Story
January 20, 2010
Nancy Sasser - LeClair Ryan The extension of the COBRA health insurance subsidy, signed into law by
President Obama on December 21st after an 88-10 vote by the Senate, will
provide additional relief for a record number of unemployed workers. Full Story
January 19, 2010
Alisa Chestler - Baker Donelson This year has brought about historic and dramatic changes in federal law governing the privacy and security of health care information in the United States. The February 2009 enactment of the Health Information Technology for Economic and Clinical Health (HITECH) Act, which was part of the American Recovery and Reinvestment Act of 2009 (ARRA), created federal notification requirements for security breaches of protected health information (PHI) and added numerous provisions and amendments to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and its implementing privacy and security regulations. Full Story
January 13, 2010
Morgan, Lewis & Bockius LLP In a recent decision, a magistrate judge in a U.S. District Court in New
Jersey ruled that a discovery plan crafted pursuant to Federal Rule of
Civil Procedure 26(f) did not protect the plaintiff’s inadvertent
production of privileged documents from being subject to waiver. This case
is important because it distinguishes between the procedural or
process-based rules found in Federal Rules of Civil Procedure 26(b)(5)(B)
and 26(f), and the substantive-based rules regarding privilege waiver
found in Federal Rule of Evidence 502. Full Story
January 6, 2010
James Orr and Benjamin C. Morgan - Sutherland Asbill & Brennan LLP Three recent federal court decisions sharply divide on whether large carbon emitters may be sued under common law theories of nuisance and negligence.Connecticut v. American Electric Power CompanyNative Village of Kivalina v. ExxonMobilComer v. Murphy Oil USA Full Story
December 29, 2009
Cooley Godward Kronish LLP On October 5, 2009, the Federal Trade Commission ("FTC")
published its final revised guides with respect to endorsement and
testimonial advertising. The FTC's revised Guides Concerning the Use of
Endorsements and Testimonials in Advertising ("Guides") are
effective December 1, 2009 and significantly increase the possibility of
liability under the FTC Act. Although FTC guides are not binding law, they
are administrative interpretations intended to help advertisers comply with
the FTC Act. While the Guides refer to the advertising of
"products," the Guides apply equally to the advertising of
products, services, companies, and industries. Full Story