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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 

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