Articles

05.21.12

The Many Moving Pieces of California's Cap and Trade Program

The calendar says May 2012, so what does that mean for California’s attempts to implement a first-in-the-nation, economy-wide Cap and Trade Program? Actually quite a bit. There are many moving parts in this complex regulatory puzzle being assembled by the California Air Resources Board (Board ...


05.10.12

Time to Put Your 10-K on a Diet

Another Form 10-K Annual Report filing season has ended for most U.S. banking organizations.This means that publicly traded banks and bank holding companies have filed 10-Ks with Supervision and Regulation ("Sup & Reg") sections, along with a corresponding set of regulatory risk factors, which ...


05.08.12

FDA Regulation of 'Cosmeceuticals:' More Wrinkles Coming?

Compared to other popular direct response product categories, such as dietary supplements, over-the-counter drugs (e.g., anti-acne creams) and medical devices (e.g., wrinkle and acne reducing lights), cosmetics are subject to far less Food and Drug Administration (FDA) regulation. Unlike those ...


05.03.12

Eliminate All Incentive Compensation

Arnold Schwarzenegger said, when he was first elected as governor of California, that he wanted to "blow up the boxes" of the state bureaucracy.The ongoing challenges presented by executive compensation, methods of paying executive compensation and inherent risks associated with certain ...


05.03.12

Health Reform – Genie Is Out of the Bottle

The cherry-picking of harsh Supreme Court questions about the Affordable Care Act has fed a misleading impression that health reform is on life support or perhaps already deceased. Here’s the reality -- health reform continues. Virtually every state is now engaged in using federal grants to ...


04.24.12

Can Pandora's Box Be Closed? Asserting a Corporation’s Attorney Client Privilege Against Its ...




04.24.12

Planning to Manage the Renewable Generation Gap: the 'Nudge' vs. the 'Shove'

Manatt partner David Huard, chair of the firm’s Energy, Environment and Natural Resources practice group, authored an article, “Planning to Manage the Renewable Generation Gap: the ‘Nudge’ vs. the ‘Shove’,” for the September 17, 2010, edition of BNA Daily ...


04.24.12

Health Reform Accelerates Changes in the Pharmaceutical Industry

The Patient Protection and Affordable Care Act makes major changes to the Medicare prescription drug benefit, reducing drug costs for many seniors and increasing rebates and other costs for industry. Although these changes will affect prescription drug costs and pharmaceutical companies’ ...


04.24.12

The Best Defense May Be a Good Offense

Defending a class action lawsuit poses great risk and uncertainty for a corporate defendant. A single plaintiff, whose claims may be worth only a pittance standing alone, can represent the claims of every corporate customer over a period of several years. If the court refuses to certify the class, ...


04.23.12

Is Anyone Not a Foreign Official Under the FCPA?

Recent years have seen a rise in the number of enforcement actions taken by the Department of Justice (DOJ) and the Securities Exchange Commission (SEC) under the Foreign Corrupt Practices Act (FCPA), as well as a notable expansion of the types of conduct covered by these prosecutions. ...