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By Jay Holloway, Liz Williamson, Joshua Belcher
On February 9, the U.S. Supreme Court delivered a major setback to the Obama Administration's efforts to curb emissions of carbon dioxide from existing power plants in the U.S. In a 5-4 split decision.
By W. Mark Smith, Carol T McClarnon, Joanna Myers
Longevity annuities are contracts that provide life annuity payments typically commencing at age 80 or 85; in many cases, that is the only benefit the contract provides.
By Lewis Wiener, Wilson Barmeyer, Gail Westover
In a shot across the bow of recent Supreme Court precedent in favor of arbitration, the Second Circuit has held that a mandatory class action waiver in an arbitration provision is unenforceable where the plaintiffs established that the practical effect of enforcement of the waiver would be to preclude claims under federal antitrust statutes.
By Tom Curvin
Attention to unclaimed property issues affecting life insurance companies – including issues relating to unpaid life insurance and annuity benefits – has significantly escalated in recent weeks, due to regulatory actions, media coverage, and public expressions of interest by the plaintiffs’ bar.
By Daniel Buchner
On June 16, 2010, the Internal Revenue Service (IRS) updated its Listings of Required Modification (LRMs) for Traditional IRAs, Roth IRAs, and SIMPLE IRAs. The IRS provides the LRMs as model language to assist sponsors in drafting IRA trust and custodial agreements and annuity contract endorsements.
By Mary Jane Wilson-Bilk, Eric Arnold, Amanda Hollander, Earl Zimmerman
In an ambitious move to craft legislation that will override state case law on corporate governance, potentially challenge the federal securities laws as the primary source of the requirement to disclose corporate risk factors, and extend the extra-territorial reach of state insurance regulators to examine and control insurance holding companies and insurers beyond their state borders, a key committee of the National Association of Insurance Commissioners ("NAIC") has exposed amendments (the "Am
By Brian Rubin, Deborah Heilizer
Sutherland Asbill & Brennan LLP has completed its annual review of disciplinary actions brought by the Financial Industry Regulatory Authority (FINRA) in 2009. On June 22, 2010, FINRA issued its "2009 Year in Review."
By Jeffrey Friedman
The aggressiveness of some states to assert tax jurisdiction over out-of-state retailers (or to enforce tax against their customers) took another turn last week. On June 23, 2010, the American Civil Liberties Union (ACLU) filed a complaint in U.S. Federal District Court against Kenneth Lay in his official capacity as the Secretary of the North Carolina Department of Revenue in an attempt to protect the privacy of customers of Amazon.com.
By Stephen Kranz
On June 30, 2010, Rep. Rick Boucher (D-VA) and Rep. Smith (R-TX) introduced HR 5649, the Digital Goods and Services Tax Fairness Act of 2010 (the Act).
By Michael Brooks, Catherine Krupka
In three orders published today in the Federal Register, the Commodity Futures Trading Commission (CFTC) designated the Mid-C Financial Peak (MDC) and Mid-C Financial Off-Peak (OMC) contracts traded on the IntercontinentalExchange, Inc. (ICE) as "significant price discovery contracts" (SPDCs).
By Mark Yopp
Struggling to balance their budgets in these economic times, New York and New Jersey are poised to enact significant unclaimed property changes.
By Carol Weiser, Vanessa Scott
On June 29, 2010, the Department of Health and Human Services (HHS) released the official application for the Early Retiree Reinsurance Program (ERRP) and related instructions, opening the ERRP to employer reimbursement requests.
By Steuart Thomsen, Phillip Stano, Srikanth Vadakapurapu
On June 23, 2010, the U.S. District Court for the Northern District of California certified two classes of senior citizens (individuals sixty-five years of age or older) who had purchased deferred annuities, some of which included a bonus feature.
By James Cain, Warren Davis
One year after being proposed by the Obama Administration and after months of negotiation, which ended in an all-night conference session of key legislators, a final version of financial regulatory reform legislation has been produced.
By Malvern Griffin, Christopher Chan, William Warren
In "Bilski, et al. v. Kappos", the United States Supreme Court affirmed the use of the Federal Circuit’s "machine-or-transformation" test as one test for patentability of processes, but held that it is not the only test for patentability under 35 U.S.C. §101.
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