PattonBoggs

PDFs for NALP

PB Foundation Brochure 2009

Firm Overview

ENERGY AND TAX CLIENT ALERT: IRS Provides Safe Harbor on Tax Treatment of Smart Grid Investment Grants to Corporations

Thu, 11 Mar 2010 00:00:00 GMT

When Congress enacted the Smart Grid Investment Grant Matching Program in 2007 and amended it in 2009, it did not address how the federal grants would be treated for federal income tax purposes.

Patton Boggs Mortgage Banking Update - Week of March 8, 2010

Wed, 10 Mar 2010 00:00:00 GMT

IN THIS ISSUE:

New IRS Employment Tax Audit Initiative
FTC Addresses Deceptive Marketing of Free Credit Reports
Proposed Fair Lending Settlement
Looking Ahead - Upcoming Events

Click here to download this update [PDF]

Business Leasing and Finance News (BLFN) January - March 2010 Issue 87

Patton Boggs TechComm Industry Update – February 26, 2010

Fri, 26 Feb 2010 00:00:00 GMT

In this update:

FTC Investigates Privacy and Internet Security Breaches
FCC Hopes to Recover 500 MHz of Spectrum for Mobile Broadband over the Next Decade
NTIA and RUS Release New Round 1 Broadband Stimulus Awards
House Judiciary Committee Examines Comcast-NBC Universal Merger
FCC Announces 16 New Rural Health Care Pilot Projects
FCC Extends Rural Health Care Pilot Program by One Year
Markey Introduces E-Rate 2.0 Pilot Programs; Proposes to Streamline E-Rate Applications
USF Contribution Factor Likely to Rise, Again
FCC Sanctions After-Hours Public Access to School Computers
Google to Build And Test Ultrafast Fiber Optic Broadband Network
NTIA Examines Challenges to Broadband Adoption and Access in “Digital Nation”
FCC Previews the National Broadband Plan
FCC Seeks $16 Billion for Interoperable Public Safety Network
Motorola to Spinoff Mobile Handset And Set Top Box Businesses
FCC Proposes Changes to its Communication Disclosure and Practice and Procedures Rules
Industry Calendar

Click here to download this update. [PDF]

ENERGY/ENVIRONMENTAL LAW ALERT: The SEC Issues Interpretive Guidance Regarding Disclosure Related to Climate Change

Fri, 26 Feb 2010 00:00:00 GMT

On February 2, 2010 the Securities and Exchange Commission (SEC) issued an
interpretive release (SEC Release No. 33-9106; 34-61469; FR-82, “the Release”) to provide
publicly reporting companies (“Registrants”) guidance regarding the application of the
SEC’s existing disclosure requirements under the federal securities laws and regulations as
they apply to climate change matters. The Release has been issued at a time when there
have been regulatory and legislative developments regarding climate change matters, as
well as increased shareholder activism by large institutional investors and other investors
seeking greater disclosure of the effects of climate change matters on the business and
operations of Registrants. Although the Release only represents interpretive guidance, the
fact that the Commission has taken the time to issue it and focus on these matters suggests
that the SEC is likely to concentrate on reviewing Registrants’ climate change related
disclosures in the coming years.

Click here to download full alert [PDF].

MEMORANDUM: Background on the Reconciliation Process

Thu, 25 Feb 2010 00:00:00 GMT

Click here to download this full memorandum.

MEDIA ALERT: Denver to Host National Renewable Energy Transmission Conference

Thu, 25 Feb 2010 00:00:00 GMT

Denver, Colorado—CLE International is hosting a conference on renewable energy transmission March 18-19th at the Ritz-Carlton Hotel, in Denver, in an effort to launch a national discussion on new ways to tap renewable energy resources.

Patton Boggs Mortgage Banking Update - Week of Feburary 22, 2010

Wed, 24 Feb 2010 00:00:00 GMT

IN THIS ISSUE:

HUD Conducts RESPA Meeting to Promote Consistency
Did You Know?

Click here to download this update [PDF]

Patton Boggs Nabs Top Tax and Financial Services Attorney

Mon, 22 Feb 2010 00:00:00 GMT

A leading tax attorney with extensive private-public sector experience is joining Patton Boggs LLP, bolstering the firm’s ability to counsel clients in a broad array of emerging regulatory and legislative issues.

Top Bristol-Myers Squibb Executive Joins Patton Boggs

Thu, 18 Feb 2010 00:00:00 GMT

Patton Boggs LLP has hired Dick Thompson, a top executive at Bristol Myers Squibb with nearly four decades of public policy experience, to strengthen its hand in the healthcare and pharmaceutical sectors.

Patton Boggs Mortgage Banking Update - Week of Feburary 16, 2010

Wed, 17 Feb 2010 00:00:00 GMT

IN THIS ISSUE:

Second Annual NMLS User Conference a Success
FTC Proposes Rule to Regulate Mortgage Assistance Relief Providers
Senate Banking Committee Considers “Volcker Rule”
State Mortgage Regulators Announce Standardized Loan Portfolio Data Format
Did You Know?

Click here to download this update [PDF]

Mortgage Update: Senate Banking Committee Holds Two Hearings on the Obama Administration’s “Volcker Rule”

Thu, 04 Feb 2010 00:00:00 GMT

On February 2 and 4, 2010, the Senate Banking Committee held two hearings examining the President’s recently announced proposal to limit the scope of proprietary trading activities and the size of bank holding companies via a “Volcker rule.”

Senate Banking Committee Hearing “Implications of the ‘Volcker Rule for Financial Stability”

Thu, 04 Feb 2010 00:00:00 GMT

On February 4, 2010, the Senate Banking Committee held a hearing entitled, “Implications of the ‘Volcker Rule’ for Financial Stability.” The witness list is below. The hearing was the second of two hearings examining the President’s recently announced proposal to limit the scope of proprietary trading activities and the size of bank holding companies via a “Volcker rule.”

Patton Boggs Mortgage Banking Update - Week of Feburary 1, 2010

Wed, 03 Feb 2010 00:00:00 GMT

In This Issue:

HUD Issues Another Round of FAQs
Nationwide Mortgage Licensing System Implements Online Criminal Background Checks
Did You Know?

Click here to download this update [PDF]

Patton Boggs TechComm Industry Update – February 1, 2010

Wed, 03 Feb 2010 00:00:00 GMT

Senate Banking Hearing on Volcker Rule

Tue, 02 Feb 2010 00:00:00 GMT

On February 2, 2010, the Senate Banking Committee held a hearing entitled, “Prohibiting Certain High-Risk Investment Activities by Banks and Bank Holding Companies.” The witness list is below. The hearing was the first of two hearings examining the President’s recently announced proposal to limit the scope of proprietary trading activities and the size of bank holding companies via a “Volcker rule.”

Wastewater Rains on the Parade - Industrial Minerals

Sun, 31 Jan 2010 00:00:00 GMT

Following recent high profile wastewater violations, Henry Chajet and Scott Stewart explain why US targeted industries should focus on Clean Water Act compliance.

Obama State of the Union Analysis

Sun, 31 Jan 2010 00:00:00 GMT

On January 27, 2010, President Barack Obama gave his first State of the Union Address. Click here to read the Patton Boggs full analysis.

Capital Thinking Health Care Blog

Sat, 30 Jan 2010 00:00:00 GMT

Patton Boggs Employees Open Wallets and Hearts for Haiti

Fri, 29 Jan 2010 00:00:00 GMT

Washington, DC, Jan. 29— The employees of Patton Boggs LLP have donated nearly $70,000 to help Haitians recover from a devastating earthquake that killed thousands and destroyed nearly every civic institution, home and school in its path.

CYBERSECURITY ALERT: Cybersecurity Will Continue to be Hot Topic in 2010

Fri, 29 Jan 2010 00:00:00 GMT

Cybersecurity issues continue to be on the forefront of the minds of the Obama Administration and the Congress. These issues affect everyone in the country, from states, counties and municipalities to non-profit institutions like hospitals to the private sector (which owns 85 percent of the nation’s infrastructure). Each segment relies on their systems to protect those they serve across the nation’s infrastructure. As a result, millions of hours of human capital and billions of dollars within the Executive Branch are being spent to find better, smarter ways to address this issue.

More Change in the USA

Thu, 28 Jan 2010 00:00:00 GMT

The patent landscape in the United States has undergone significant changes over recent years and it looks like more could be on the way. Whether it is legislative reform, major decisions from both the Court of Appeals for the Federal Circuit and the Supreme Court, or a new broom at the US Patent and Trademark Office, everywhere you look something seems to be happening that could have a major impact on the way that patents are created, managed and exploited. To keep abreast of the latest developments and to work out what they could mean for patent owners, IAM spoke to three leading private practice patent lawyers: Douglas Cawley of McKool Smith; Toni-Junell Herbert of Patton Boggs; and Barry Schindler of Greenberg Traurig.

IP ALERT: Federal Circuit Rules That a Licensing Letter Could Provide a Basis

Thu, 28 Jan 2010 00:00:00 GMT

The recent Federal Circuit decision acknowledged that the U.S. Supreme Court’s MedImmune decision “lowered the bar” required to be able to bring a declaratory judgment case for a patent dispute. In Hewlett-Packard Co. v. Acceleron LLC, No. 09-1283, (Dec. 4, Fed. Cir. 2009), the appellate court held that a “licensing letter” from a patent holding company could be sufficient to find that there was an actual case or controversy with the letter’s recipient. As a result, patent owners who seek to initiate a discussion with potential licensors will have to be cautious or risk becoming a declaratory judgment defendant.

Patton Boggs Mortgage Banking Update - Week of January 25, 2010

Wed, 27 Jan 2010 00:00:00 GMT

In this Issue:

Wells Fargo Home Mortgage Consultants’ Attempt to Re-Certify Class for Overtime Claims is Denied: Take Heart and Take Note
News from the Hill
HUD Moves Forward With FHA Program Changes
HUD Announces Loss Mitigation Guidance
NMLS Consumer Access Website Launches
FCC to Propose Changes to Telemarketing Rules
Did you know?

Click here to download this update [PDF]

Enhanced Clean Water Act Enforcement - Coal Age Magazine

Fri, 22 Jan 2010 00:00:00 GMT

Strengthening clean water enforcement is a high priority of the Obama administration. On October 15, 2009, the Environmental Protection Agency (EPA) published a roadmap for overhauling and intensifying Clean Water Act (CWA) enforcement. This Action Plan focuses on both EPA and state enforcement efforts and will lead to a significant rise in CWA enforcement. This suggests an urgent need for companies to review their CWA permit status, revisit their compliance programs and take new steps to ensure that their operations are not flagged for enforcement.

Enhanced Clean Water Act Enforcement [PDF]

Outlook On 2010 Financial Services Policy Issues

Fri, 22 Jan 2010 00:00:00 GMT

At the outset of 2010, many questions concerning what Congress will accomplish in the financial services policy arena remain unanswered. The following provides our view on how the 2010 mid-term elections will impact the financial policy debate, as well as a summary of where things stand on four key issues to be addressed in the year ahead.

Click here to view the full PDF.

Patton Boggs Mortgage Banking Update - Week of January 18, 2010

Wed, 20 Jan 2010 00:00:00 GMT

In this Issue:

VA Issues Guidance on Making Home Affordable Program
HUD Investigates Mortgagees with High Claim Rates
HUD and Alaska Settle With Title Agency
Final Risk-Based Pricing Rules Published
HUD Waives Flipping Restriction
Did You Know?

Click here to download this update. [PDF]

Patton Boggs Lands Top International Arbitration Specialist

Tue, 19 Jan 2010 00:00:00 GMT

Patton Boggs LLP landed one of the nation’s leading experts in international arbitration today, strengthening the firm’s ability to represent U.S. and foreign governments and corporations in international investment, commercial, energy, pharmaceutical, technology, construction and treaty disputes.

Patton Boggs Gives to Haiti

Fri, 15 Jan 2010 00:00:00 GMT

Washington, DC, Jan. 15— Citing the devastating earthquake that killed thousands of Haitians, Patton Boggs LLP announced today that it would donate $25,000 to the American Red Cross and $25,000 to Doctors Without Borders.

Patton Boggs Mortgage Banking Update - Week of January 11, 2010

Wed, 13 Jan 2010 00:00:00 GMT

In this Issue:

Loan Underwriter for Chase Not Exempt under FLSA
VA Issues Guidance on Disclosing Origination Fees on New GFE
Did You Know?

Patton Boggs Elects New Partners

Tue, 12 Jan 2010 00:00:00 GMT

Patton Boggs LLP is pleased to announce that eight attorneys were elected to the partnership for 2010 at the firm’s annual partnership elections effective January 1, 2010.

Patton Boggs Taps Suarez to Run Dallas Office

Tue, 12 Jan 2010 00:00:00 GMT

Patton Boggs LLP has selected Michelle White Suarez as the new managing partner of its Dallas office, citing her extensive experience in the Dallas business and financial communities, her leadership and ability to generate strategic alliances.

Patton Boggs Podcasts - Week of January 11, 2010 (Audio)

Mon, 11 Jan 2010 00:00:00 GMT

Patton Boggs TechComm Industry Update – 2010 Forecast

Fri, 08 Jan 2010 00:00:00 GMT

In this update:

Net Neutrality
Comcast/NBC Universal Merger
National Broadband Plan
Universal Service Reform
Towers and the FCC Bird Proceeding Remand
Wireless Tower Siting Shot Clock
Broadband Stimulus
Privacy
Patent Reform Legislation
Satellite TV Legislation
Indecency
Designated Entity Eligibility Rules Media Ownership

Industry Calendar

Patton Boggs Mortgage Banking Update - Week of January 4, 2010

Mon, 04 Jan 2010 00:00:00 GMT

In this Issue:

Final Risk-Based Pricing Rule Issued
Mortgagee Letter Regarding New RESPA Rules
Updated FAQs on RESPA Rules
New Settlement Cost Booklet
HMDA Threshold Unchanged
HUD Issues Guidance on Short Sales and Short Pay Offs
Washington Department of Financial Institutions Amends Consumer Loan Act and Mortgage Broker Practices Act Regulations
Did you know?

Business Leasing and Finance News (BLFN) November - December 2009 Issue 86

Wed, 30 Dec 2009 00:00:00 GMT

Patton Boggs Scores Legal Victory for Broadcaster

Tue, 22 Dec 2009 00:00:00 GMT

A New Hampshire judge recently ruled in favor of East Coast companies Birch Broadcasting, Inc. and Nassau Broadcasting I, LLC in a $1 million contract dispute against a rival broadcasting company.

Patton Boggs Podcast - Week of December 21, 2009 (Audio)

Mon, 21 Dec 2009 00:00:00 GMT

ENERGY/ENVIRONMENTAL LAW ALERT: EPA Issues Endangerment Finding for Greenhouse Gases

Wed, 16 Dec 2009 00:00:00 GMT

On December 7, 2009, the Environmental Protection Agency (EPA) issued its “endangerment finding” for carbon dioxide and five other greenhouse gases (GHGs).

PRIVATE CAPITAL AND INVESTMENT GROUP ALERT: Update on House of Representatives Investment Adviser Registration Legislation and Other Developments Affecting Investment Advisers

Tue, 15 Dec 2009 00:00:00 GMT

On December 10, 2009, the U.S. House of Representatives approved “The Wall Street Reform and Consumer Protection Act of 2009” (Wall Street Reform Act), which was introduced by Representative Barney Frank (D-MA).

Patton Boggs Mortgage Banking Update - Week of December 14, 2009

Tue, 15 Dec 2009 00:00:00 GMT

In this issue:

Fed Issues Guidance on Loan Mod Adverse Action Notices, But Questions Remain
News from Capitol Hill: House Passes Financial Regulatory Reform Legislation
HUD Publishes Proposed Rule Implementing SAFE Act
Did you know?

Patton Boggs Podcast - Week of December 14, 2009 (Audio)

Mon, 14 Dec 2009 00:00:00 GMT

Iraq: The New FDI Frontier - Legal Shield - Financial Times fDi Magazine

Mon, 14 Dec 2009 00:00:00 GMT

"When opening up a business in Iraq, there are several issues potential investors need to think about," warns David Tafuri. He worked for 15 months as the Rule of Law Co-ordinator in Iraq for the US State Department. Working iwth judges, lawyesr, poliece chiefs and prison heads, he helped Iraq jump-start its legal system after the war in 2003.

Financial Regulatory Reform Policy Update (Preliminary)

Mon, 14 Dec 2009 00:00:00 GMT

On December 10, 2009, the U.S. House of Representatives voted 223 – 202 to approve a comprehensive financial regulatory reform proposal entitled “The Wall Street Reform and Consumer Protection Act” (H.R. 4173).

How to Invest in the Kurdistan Region - 2009 Investment Guide for the Kurdistan Region of Iraq

Sun, 13 Dec 2009 00:00:00 GMT

The Kurdistan Region of Iraq's investment law has important incentives - unique for the Middle East - that are attracting investors from all over the world.

Patton Boggs Mortgage Banking Update - Week of December 7, 2009

Wed, 09 Dec 2009 00:00:00 GMT

Latino Family Allege Prince William Police Used Excessive Force

Tue, 08 Dec 2009 00:00:00 GMT

A new civil lawsuit filed in federal court alleges that Prince William County police unjustly raided the home of a Latino family and used excessive force to arrest the parents who were later acquitted of any criminal wrong doing.

Patton Boggs Podcast - Week of December 7, 2009 (Audio)

Mon, 07 Dec 2009 00:00:00 GMT

Financial Regulatory Reform Policy Update (Preliminary)

Fri, 04 Dec 2009 00:00:00 GMT

On December 2, 2009, U.S. House Financial Services Committee Chairman Barney Frank
(D-MA) introduced a comprehensive regulatory reform package entitled “The Wall Street Reform
and Consumer Protection Act” (H.R. 4173) which would overhaul of the financial services
regulatory system. The following is a preliminary summary of the proposal based on an initial
review. Further analysis will be included in a follow-up report.

Financial Regulatory Reform Policy Update

Thu, 03 Dec 2009 00:00:00 GMT

On December 2, 2009, the House Financial Services Committee (HFSC) voted 31-27 to approve the “Financial Stability Improvement Act” (H.R 3996 or “FSIA”), a measure that would provide for a historic overhaul of the financial services regulatory system.

Patton Boggs Mortgage Banking Update - Week of November 30, 2009

Wed, 02 Dec 2009 00:00:00 GMT

In this Issue

Joint Final Rule on SAFE Mortgage Licensing Act Suggests Banking Institutions Should Take Proactive Approach Toward Implementation
New York Case Demonstrates Importance of Accurate Records and Good Faith
News from Capitol Hill: House Proposal to Impose Risk-Based Assessments
HUD Issues Proposed Rule to Modify FHA Program Participation
DID YOU KNOW?

Wed, 25 Nov 2009 00:00:00 GMT

In this issue:

New HUD FAQs on RESPA Rule
Monetization of Homebuyer Tax Credit Program
Massachusetts Issues Regulations for Safeguarding Personal Information
Did you know?

Patton Boggs TechComm Industry Update – November 25, 2009

Wed, 25 Nov 2009 00:00:00 GMT

EMPLOYMENT LAW ALERT: The Genetic Information Nondiscrimination Act of 2008 is Now in Effect

Tue, 24 Nov 2009 00:00:00 GMT

The employment law provisions of the Genetic Information Nondiscrimination Act of 2008 (“GINA”) are now in effect.

PRIVATE CAPITAL AND INVESTMENT GROUP ALERT: Update on Senate Investment Adviser Registration Legislation

Fri, 20 Nov 2009 00:00:00 GMT

On November 10, 2009, U.S. Senate Banking Chairman Christopher Dodd (D-CT) released a discussion draft of the “Restoring American Financial Stability Act of 2009” (RAFSA), a measure that would provide for a historic overhaul of the financial services regulatory system. Title IV of the RAFSA is entitled, the “Private Fund Investment Advisers Registration Act of 2009” (PFIAR), which contains many similarities to legislation approved by the House Financial Services Committee (HFSC) on October 27th and pending a vote on the House floor (Kanjorski Bill) discussed in our October 2009 Alert. At the November 19, 2009 executive session of the Senate Committee on Banking, Housing and Urban Affairs, in which Committee members were given the opportunity to offer opening statements on the RAFSA discussion draft, no statements were made concerning the PFIAR. Chairman Dodd concluded the session by announcing that proposed amendments to RAFSA would be postponed until the week after Thanksgiving, when the markup process will begin.

Hill Veteran Kristin Wells Joins Patton Boggs' Renowned Public Policy Team

Thu, 19 Nov 2009 00:00:00 GMT

Patton Boggs continues to add to its impressive roster of public policy attorneys with the addition of new partner Kristin Wells.

Export Violations, Investigations And Compliance: What Do You Tell The Audit Committee

Wed, 18 Nov 2009 00:00:00 GMT

Feature Comment: SBA's Proposed Changes to the 8(a) Business

Tue, 17 Nov 2009 00:00:00 GMT

On October 28, the Small Business Administration published proposed changes to its regulations governing the 8(a) Business Development (8(a)) program and the Small Disadvantaged Business
(SDB) program as well as to its size regulations. Comments on the proposed rule are due by December 28. 74 Fed. Reg. 55694 (Oct. 28, 2009).

Patton Boggs Mortgage Banking Update - Week of November 16, 2009

Tue, 17 Nov 2009 00:00:00 GMT

In This Issue:

HUD Announces RESPA Enforcement Restraint
FED Issues Guidance on Mortgage Transfer Notice
Federal Agencies Finalize Model Privacy Notice
Did you know?

In this Issue:

Fannie Mae Reveals Deed-for-Lease Program
Homebuyer Tax Credit Extended and Modified
Did You Know?

PBU for Clients Materials: What Every General Counsel and Vice President for Government Relations Needs to Know About Working with Congress and the Administration

Mon, 09 Nov 2009 00:00:00 GMT

Patton Boggs Podcast - Week of November 2, 2009 (Audio)

Mon, 09 Nov 2009 00:00:00 GMT

HEALTH CARE REPORT
(click to access) [Running Time: 2:33]

What is next for health care reform in the Senate?
What was in the Republican alternative bill that failed in the House Saturday?
The “doc fix” heads for a House vote as soon as next week.
Why Senator Reid’s having trouble counting to 60 on a public plan.

The White House and Congressional Report
(click to access) [Running Time: 8:44]

The House passed health care reform 220-215 late Saturday night and used some historical flourishes to get the job done.
Why did Republican Ahn Cao of Louisiana cross party lines to become the only member of the minority party to vote for the bill?
We dissect the primary motivation for the 39 Democrats who opposed the House bill and it’s all about the next election day.
Why the House bill is the high point for progressive input on health care reform and why they could be holding their noses to vote for the final bill later this session.
Will the House victory drain the President’s political capital account or give him momentum to jumpstart his other legislative priorities?
The Fort Hood tragedy will spur Congressional investigations to see if it could have been avoided but its impact on other domestic policy issues could be smaller than when other such tragedies have occurred.
The President is at Fort Hood for memorial services Tuesday and then heads to Asia to visit Japan, Singapore, China and South Korea. Is a surprise trip to see troops in Iraq and Afghanistan part of the return flight home?

On The Campaign Trail
(click to access) [Running Time: 6:56]

Bob McDonnell’s victory in Virginia is the blueprint for Republicans running for governor in 2010 and his polling results Tuesday portend trouble for as many as four Virginia House Democrats running for re-election in 2010.
New Jersey and Virginia’s governor’s races could matter most for their impact on redistricting in 2010.
Why the Democratic win in New York’s special election was good news for both political parties.
Incumbent governors know their 2010 re-elections hinge on the state of the economy next fall and Congressional Democrats may find that Tuesday’s election results cause them to moderate their legislative ambitions going forward.

***

NO SMALL CHANGE Part II: Distribution of Federal Competitive, Discretionary, and Formula Funding

Fri, 06 Nov 2009 00:00:00 GMT

ENERGY/ENVIRONMENTAL ALERT: Impact of Recent Litigation on the Climate Change Debate

Fri, 06 Nov 2009 00:00:00 GMT

Two decisions issued in the past several weeks by the U.S. Courts of Appeal for the Second and Fifth Circuits have confirmed the gathering momentum of common law initiatives by environmental advocates to assess liability against Greenhouse Gas (GHG) emitters. This trend is, of course, important in predicting the course of case law development and that effect has been extensively discussed elsewhere. Equally important, however, is the trend’s effect in complicating the already complex landscape of the climate change debate taking place in the Congress and before regulatory bodies. The potential of common law liability presents a number of issues which should be taken into account in formulating legislation and regulations. This memorandum discusses the need for such consideration and identifies some of the issues which legislators, regulators and GHG emitters should take into account.

In-house Counsel Beware: The False Claims Act Might Impact Your Business

Tue, 03 Nov 2009 00:00:00 GMT

You have all seen the headlines trumpeting the government’s latest recovery of tens, or even hundreds, of millions of dollars for fraud committed by healthcare providers. For example, in June 2009 the Office of Inspector General (OIG) of the Department of Health and Human Services announced that it expected recoveries of more than $2.4 billion for the first half of fiscal year 2009. The primary weapon used by the government to recover such vast sums has been the civil False Claims Act (FCA), a statute originally enacted to reach fraud by government contractors that has also been used extensively against healthcare providers for more than 15 years. Two features of the FCA make it a particularly potent weapon. First, it imposes liability of treble damages plus potentially ruinous civil penalties. Second, the FCA permits whistleblowers to initiate an action in the name of the United States in return for 15-30 percent of any recovery by the government.

Patton Boggs Mortgage Banking Update - Week of November 2, 2009

Mon, 02 Nov 2009 00:00:00 GMT

In this Issue:

Model Privacy Form Nearing Final Approval
Did you know?
Creditors Get Another Reprieve on Red Flag Implementation
Looking Ahead - Upcoming Events

PRIVATE CAPITAL AND INVESTMENT GROUP ALERT: Update to Pending Investment Adviser Registration Legislation

Mon, 02 Nov 2009 00:00:00 GMT

This memorandum contains a brief update on pending investment adviser registration legislation discussed in our September 2009 Alert. On October 1, Representative Paul E. Kanjorski (D-PA), chairman of the House Financial Services Subcommittee on Capital Markets, Insurance and Government-Sponsored Enterprises, issued a discussion draft of the Private Fund Investment Advisers Registration Act of 2009 (Kanjorski Bill), which was considered to be the product of bipartisan cooperation. The bill was introduced in the House on October 15 as H.R. 3818 and was marked up on October 27. The full text of the revised bill is expected in early November. The Kanjorski Bill was approved 67-1 by the House Financial Services Committee on October 27 and now proceeds to the House for a final vote, most likely as part of a broader financial reform package.

Patton Boggs Podcast - Week of November 2, 2009 (Audio)

Mon, 02 Nov 2009 00:00:00 GMT

CLIENT ALERT: Small Business Financing and Investment Act of 2009 (H.R. 3854) Title IV: Small Business Investment Company Modernization

Sun, 01 Nov 2009 00:00:00 GMT

The Small Business Financing and Investment Act of 2009 (Act) was introduced in the House of Representatives on October 20. The bill was approved by a vote of 389 to 32 in the full House on October 29.

The Act is a compilation of several legislative initiatives addressing small business concerns. The following summary discusses Tile IV of the Act, which addresses changes to the Small Business Investment Company (SBIC) program designed to help meet the demand from states for safe and sound investment vehicles and increase the amount of capital available for SBIC investment in small businesses.

Business Leasing and Finance News (BLFN) September - October 2009 Issue 85

Sat, 31 Oct 2009 00:00:00 GMT

FOUNDER'S NOTE PREVIEW: It’s hard to get a good idea down. In the past month or so, I have seen clients find and exploit a niche in the marketplace with potential to lift their revenues and their spirits. One bank found a certain underserved transportation equipment segment where it could provide profitable and relatively safe financing. Few other financiers occupied the space. Another client found an opportunistic way to buy distressed assets and “flip” them at an attractive spread. Most other buyers could not structure the transaction to mitigate the risk.

D-Paper D-Ciphered: Unwarrantable Failures and Prior Violations - Coal Age Magazine

Mon, 26 Oct 2009 00:00:00 GMT

With MSHA enforcement efforts ramped up to levels seldom before seen, more and more 104(d)- paper is being issued to the mining and crushing industries. MSHA writes a citation or order under section 104(d) of the Mine Act if the agency discovers a violation of a safety or health standard that it believes resulted from an operator’s unwarrantable failure to comply with that standard.

Summary of Federal Reserve's Proposed Guidance on Sound Incentive Compensation Practices

Fri, 23 Oct 2009 00:00:00 GMT

Highlights

All Federal Reserve member organizations must evaluate their incentive compensation arrangements and related risk management, control, and corporate governance processes and immediately address deficiencies in such arrangements or processes that are inconsistent with safety and soundness.

Because incentive compensation arrangements for executive and non-executive employees may pose safety and soundness risks if not properly structured, the proposed guidance applies to senior executives as well as other employees who, either individually or as part of a group, may expose the organization to material risks.

Performance targets may have a material effect on risk-taking incentives. Such targets may offer employees greater rewards for increments of performance that are above the target. Employees may be particularly motivated to take excessive risk in order to reach performance targets that are aggressive, but potentially achievable.

The required review of policies, procedures, and systems implemented by a small banking organization (assets < $175mm) using incentive compensation arrangements on a limited basis will be substantially less extensive, formalized, and detailed than the review required for a large, complex banking organization that uses incentive compensation arrangements extensively.

Supervisory findings on incentive compensation practices will be included in an organization’s annual report/examination or inspection, and reflected in its supervisory ratings.

Enforcement action is possible if an organization’s incentive compensation arrangements or related risk management, control, or governance processes pose a risk to the safety and soundness of the organization and such deficiencies are not cured promptly.

The Federal Reserve will work with the Securities and Exchange Commission (“SEC”) to improve the disclosures provided by public banking organizations in ways that promote the safety and soundness of these organizations.

CLIENT ALERT: Analysis of Federal Reserve's Proposed Guidance on Sound Incentive Compensation Policies

Fri, 23 Oct 2009 00:00:00 GMT

Yesterday afternoon, the Federal Reserve released its proposed guidance on Sound Incentive Compensation Policies. You can download the proposed guidance located above, as well as the brief memorandum that summarizes the principal features of the proposed guidance.

Notably, the proposed guidance applies to all banking organizations under the Fed's supervision, not just TARP Capital Purchase Program (CPP) participants. The proposed guidance is based on three key principles that are designed to ensure that incentive compensation arrangements do not encourage employees to take excessive risks. In order to be consistent, these arrangements should (i) provide employees with incentives that do not encourage excessive risk taking beyond the organization's ability to effectively identify and manage risk, (ii) be compatible with effective controls, and (iii) be supported by strong corporate governance, including active and effective oversight by the organization's board of directors.

The proposal also includes two supervisory initiatives to advance the development of appropriate and effective incentive compensation arrangements. First, applicable to 28 large, complex banking organizations, a required Fed review of each firm's policies and practices to determine consistency with the principles for risk-appropriate incentive compensation set forth in the proposal. Second, Fed review of compensation practices at all regional, community and other banking organizations not classified as large and complex as part of the regular, risk-focused examination process. These reviews will be tailored to take into account the size, complexity and other characteristics of the banking organization.

We note that the final version of the proposed guidance (still weeks and possibly months away) could differ substantially in form and scope. We will continue to monitor further developments and update you as we learn more.

Patton Boggs Mortgage Banking Update - Week of October 19, 2009

Wed, 21 Oct 2009 00:00:00 GMT

In this Issue

Trade Groups Request that HUD Avoid RESPA Train Wreck: HUD's Response: Full Steam Ahead
DID YOU KNOW?
Get Your Business on the Road to 'Capital Thinking'
Looking Ahead - Upcoming Events

Click here to download this update. [PDF]

Patton Boggs' Slater To Address High Speed Rail Summit

Wed, 21 Oct 2009 00:00:00 GMT

Washington, D.C., October 21, 2009— Patton Boggs partner and former Transportation Secretary Rodney Slater will join transportation leaders from across the globe Thursday to address new ways to bring high speed rail to America.

Patton Boggs Podcast - Week of October 19, 2009 (Audio)

Mon, 19 Oct 2009 00:00:00 GMT

CLIENT ALERT: President Obama's October 5 Executive Order on Environmental and Energy Performance Changes Government Acquisition of Buildings and Services

Thu, 15 Oct 2009 00:00:00 GMT

President Obama’s October 5 Executive Order titled “Federal Leadership in Environmental, Energy, and Economic Performance” signals substantial changes in how the federal government purchases construction services, buildings and just about everything else. The Order establishes an integrated strategy for sustainability in federal government activities and identifies as a priority for federal agencies a reduction in greenhouse gas emissions. The Order targets federal procurement, stating that the policy of the U.S. government in this area shall be to “leverage agency acquisitions to foster markets for sustainable technologies and environmentally preferable materials, products and services” and “design, construct, maintain and operate high performance sustainable buildings in sustainable locations.”

An Update on Financial Regulatory Reform: House & Senate Fall 2009

Thu, 15 Oct 2009 00:00:00 GMT

In light of the recent developments in the Financial Regulatory Reform policy arena that have occurred since the July 31st publication deadline of our InfoPAK Primer on Financial Regulatory Reform, we write to ensure that you have our team’s most current perspective as to where financial regulatory reform stands in Congress and where we see the legislative process heading in the months ahead.

Patton Boggs Mortgage Banking Update - Week of October 12, 2009

Wed, 14 Oct 2009 00:00:00 GMT

In this issue:

Two More FAQs on the New RESPA Rule
DID YOU KNOW?
Executive Order on Federal Agency Role in Energy and the Environment
Looking Ahead - Upcoming Events

Click here to download this update. [PDF]

Patton Boggs Lands Top Justice Litigator

Wed, 14 Oct 2009 00:00:00 GMT

Washington, D.C., Oct. 14, 2009—Patton Boggs LLP has lured one of the nation’s premier litigators from the Justice Department’s environmental team, strengthening the firm’s ability to help clients navigate the changing environmental enforcement landscape, prepare for new regulations and expand into the clean technology sector.

Patton Boggs Podcast - Week of October 12, 2009 (Audio)

Mon, 12 Oct 2009 00:00:00 GMT

Patton Boggs TechComm Industry Update - Week of October 9, 2009

Fri, 09 Oct 2009 00:00:00 GMT

Net Neutrality NPRM to be Addressed at FCC Open Meeting

The FCC released a tentative agenda for its October Open Meeting. The Commission will consider only one item, a notice of proposed rulemaking on policies “to preserve the free and open Internet.” In September, Chairman Genachowski outlined six Internet principles to ensure the openness of the Internet. The NPRM will seek comment on how to determine whether network management practices are reasonable, what information broadband providers should disclose about their network management practices and in what form and how Internet openness principles should apply to mobile broadband. Chairman Genachowski has already encountered opposition to his proposed rules. Republicans on the House Energy and Commerce Committee sent a letter to the Chairman urging him to delay the vote on his net neutrality plan. CTIA also released a statement that it is “concerned about the unintended consequences Internet regulation would have on consumers considering that competition within the industry has spurred innovation, investment, and growth for the U.S. economy.” The Open Meeting is scheduled for October 22.

Click here to read the full PDF.

Patton Boggs Hosts Women in Power® Forum

Thu, 08 Oct 2009 00:00:00 GMT

Washington, D.C., October 8, 2009—For the sixth year running, Patton Boggs LLP is bringing together top female leaders from across the electric industry for its annual Women in Power® Forum.

Patton Boggs Mortgage Banking Update - Week of October 5, 2009

Wed, 07 Oct 2009 00:00:00 GMT

Patton Boggs Mortgage Banking team's weekly industry update.

In this issue:

Update of the FHA Loan Issue
A Look at Residential Foreclosures, Part I
Are You SAFE?
Policy Changes Announced for FHA Mortgagees
Looking Ahead - Upcoming Events

Click here to download this update. [PDF]

Doug Mishkin Named Chair of Legalink

Tue, 06 Oct 2009 00:00:00 GMT

Washington, D.C., October 6, 2009—Patton Boggs LLP proudly announces today that Doug Mishkin has been elected chair of Legalink, an international network of top-tier law firms from around the globe.

Patton Boggs Podcast - Week of October 5, 2009 (Audio)

Mon, 05 Oct 2009 00:00:00 GMT

CLIENT ALERT: Employment Class Actions By the Government Are Coming Back

Mon, 05 Oct 2009 00:00:00 GMT

The Obama Administration is gearing up to investigate and file discrimination and employment compensation class actions far beyond what we’ve seen in the last eight years.

Click here to download this Alert. [PDF 69.2KB]

International Arbitration: Contracts Dispute Clauses

Fri, 02 Oct 2009 00:00:00 GMT

In recent months, we have seen an increase in breach of contract claims. Often, however, before being able to reach the merits, thorny jurisdictional issues must be sorted out because many dispute resolution clauses create – rather than solve – difficulties. Too many use a bare minimum clause found in a form book or a manual, and – perhaps surprisingly – interwoven contracts involving affiliates of a company have conflicting dispute resolution clauses. This leaves counsel who want to enforce the contract with serious questions about the proper forum and applicable law, and opposing counsel with plenty of reasons to raise jurisdictional issues.

Patton Boggs Lands Former FCC Chair Kevin Martin

Wed, 30 Sep 2009 00:00:00 GMT

Washington, D.C., September 30, 2009—Patton Boggs snared Kevin Martin, the former chair of the Federal Communications Commission, to join its growing telecommunications practice.

CLIENT ALERT: IRS Draws Battle Lines in Examinations of Foreign Lenders Using Third-Party Originators

Wed, 30 Sep 2009 00:00:00 GMT

On September 22, 2009, the Internal Revenue Service released guidance (Chief Counsel generic legal advice PRENO-119800-09) directing IRS field agents to treat a foreign corporation that originates loans in the United States through an agent as deriving taxable business income as a result of the loan origination activity.

Click here to download this Alert. [PDF 56.9KB]

Safety and Health Law in the Obama Administration - Aggregates Manager

Wed, 30 Sep 2009 00:00:00 GMT

Henry Chajet warns producers that they should prepare to deal with labor advocates' Dream Tream, as President Obama is filling key positions at the Department of Labor with vocal advocates of increased regulation and enforcement.

Minimizing the Impact of Swine and Other Flus - Coal Age

Wed, 30 Sep 2009 00:00:00 GMT

John Austin talks about a new surge in infections that is expected this fall, raising concern among employers and workers everywhere about health at home, at work, at school, and in the community.

OIL & GAS LAW ALERT: Louisiana Federal District Court’s Decision in Thomas v. Pride Oil & Gas Properties, Inc.[1] Comforts Haynesville Shale Lessees

Tue, 29 Sep 2009 00:00:00 GMT

In February 2007, William R. Thomas granted Pride Oil and Gas Properties, Inc. an oil and gas lease covering 17 acres in Red River Parish, Louisiana. Thomas subsequently filed suit seeking to rescind the lease, asserting three alternative bases for rescission—(1) that he was defrauded by Pride; (2) that the price paid for the lease was grossly out of proportion with its fair market value; and (3) that Thomas was mistaken concerning “a substantial quality” of the mineral rights that the lease conveyed, absent which mistake he would not have agreed to the lease. Pride moved to dismiss the suit for failure to state a valid claim.

Click here to read the full PDF.

Patton Boggs Mortgage Banking Update - Week of September 28, 2009

Mon, 28 Sep 2009 00:00:00 GMT

Patton Boggs Mortgage Banking team's weekly industry update.

In this issue:

Will FHA Lending Decline After October 1?
DID YOU KNOW?
HUD FAQs Now Exceed 200 in Number

Patton Boggs Podcast - Week of September 28, 2009 (Audio)

Mon, 28 Sep 2009 00:00:00 GMT

Patton Boggs TechComm Industry Update - Week of September 25, 2009

Fri, 25 Sep 2009 00:00:00 GMT

List of Broadband Stimulus Applications Available; When Will Step Two/Phase Two Begin?

The National Telecommunications and Information Administration (NTIA) and Rural Utilities Service (RUS) posted an application database to the broadbandusa.gov Web site. Searchable by organization, keyword, project type, program type and state, the database also provides a complete list of the nearly 2,200 applications filed with NTIA and RUS. The posted information includes the applicant name, applicant contact information, the state(s) in which the project is proposed, project title, project type, amount of funds requested, status of the application and a brief project description. If authorized by the applicant, the agencies also posted applicants’ executive summaries of their projects.

We are still waiting for Step Two/Phase Two of the application process for round one broadband stimulus applications. The NoFA indicates that Step Two/Phase Two would be announced on or around September 14, but no announcement has been made. While we are waiting, there are several things an applicant can do now to advance its application and prepare for the “due diligence” phase. Diligence information will be due from applicants who advance to Step Two/Phase Two within 30 days of the announcement. Applicants should be gathering federal, state and local support for their projects and asking their representatives for letters of support. Applicants should also begin working on the environmental questionnaire, gathering evidence for any outstanding obligations, preparing a detailed construction schedule and preparing a detailed description of your working capital. Please contact us if you have questions about the due diligence phase or need assistance compiling materials.

Patton Boggs Seeks TRO to Stop Voting Machine Monopoly

Fri, 25 Sep 2009 00:00:00 GMT

Washington, D.C., September 25, 2009— Hart InterCivic, Inc., is ratcheting up its legal battle to stop the merger of the nation’s two largest voting machine companies by asking a federal judge to issue a temporary restraining order.

CLIENT ALERT: Recovery Act Reporting Requirements

Thu, 24 Sep 2009 00:00:00 GMT

There are currently more than 32,000 projects funded with Recovery Act dollars. The Act requires first-tier recipients of this money — prime contractors and state and local grantees — to compile and report statistics, such as job creation and retention that they have not typically had to report before. Specifically, beginning October 10, 2009, these first-tier recipients are required to file quarterly reports with the federal agencies that funded the projects. These reports must (i) identify the amount of Recovery Act funds received, obligated and expended; (ii) describe the project goals and progress against schedule and budget; (iii) calculate the number of jobs created and retained; (iv) identify expenditures to sub-recipients and vendors; and (v) in certain cases, disclose compensation of the recipient’s and sub-recipient’s five most highly compensated officers.

CLIENT ALERT: Ninth Circuit Affirms That a Good Faith Interpretation of a Regulation Negates the Scienter Necessary to Establish a False Claims Act Violation

Wed, 23 Sep 2009 00:00:00 GMT

In a False Claims Act action involving Medicare’s somewhat arcane “incident to” billing rules, the Ninth Circuit affirmed the grant of summary judgment for the defendants notwithstanding the existence of factual issues regarding defendants’ compliance with those rules in certain instances. The appellate court based its ruling on defendants’ good faith interpretation of the regulations, which foreclosed the possibility that defendants “knowingly” submitted false claims, as required under the False Claims Act (FCA).

This whistleblower, or qui tam, suit under the FCA, was initiated by Dr. James Lockyer against his employer, Kauai Medical Clinic (KMC), KMC’s corporate parent, Hawaii Pacific Health and two affiliated entities (“the corporate defendants”), and KMC’s CEO, William A. Evslin, M.D. The complaint, in which the United States intervened, alleged that Lockyer’s Medicare provider number was fraudulently used by KMC to bill for chemotherapy that Lockyer neither administered nor supervised. Dr. Lockyer also alleged that defendants retaliated against him for gathering information about KMC’s alleged fraudulent billing activities. Defendants prevailed on summary judgment in the United States District Court for the District of Hawaii and on appeal in the United States Court of Appeals for the Ninth Circuit because: (1) KMC had complied with the “incident to” regulations, except possibly on three occasions; (2) even if KMC had failed to comply on those three occasions, the noncompliance was not “knowing,” a necessary element of an FCA violation; and (3) KMC did not unlawfully retaliate against Dr. Lockyer. The corporate defendants were represented in the district court and in the court of appeals by Harry R. Silver and Susan Baldwin Hendrix of Patton Boggs LLP. United States ex rel. Lockyer v. Hawaii Pacific Health, 490 F.Supp.2d 1062 (D. Hawaii 2007), aff’d 2009 WL 2700321 (9^th Cir. 2009).

Patton Boggs Mortgage Banking Update - Week of September 21, 2009

Wed, 23 Sep 2009 00:00:00 GMT

Patton Boggs Mortgage Banking team's weekly industry updated.

In this issue:

HUD FAQ Update
Fed to Commence Supervisory Program of Nonbank Subs
Red Flags Compliance Deadline Nears…Maybe
Did You Know?
Get Your Business on the Road to ‘Capital Thinking’

Patton Boggs Podcast - Week of September 21, 2009 (Audio)

Mon, 21 Sep 2009 00:00:00 GMT

Securitization and Shariah Law - Islamic Finance News

Thu, 17 Sep 2009 00:00:00 GMT

DC partner John Vogel gets ranked in the category of Islamic Securitization and Structured Finance in Islamic Finance News' Leading Lawyers Summer 2009 issue. Also included is his article "Securitization and Shariah Law."

Patton Boggs Mortgage Banking Update - Week of September 14, 2009

Wed, 16 Sep 2009 00:00:00 GMT

Patton Boggs Mortgage Banking team's weekly industry update.

In this issue:

Golden State Prepares to Take SAFE Act Plunge
DID YOU KNOW?
Get Your Business on the Road to 'Capital Thinking'

Restructuring in the Middle East - Financier Worldwide

Tue, 15 Sep 2009 00:00:00 GMT

Restructuring has become a priority for many Middle Eastern companies, and according to Simon Schmidt, companies and creditors will need to be particularly vigilant when conducting these efforts in the region.

Internal Export Investigations of Non-U.S. Facilities

Tue, 15 Sep 2009 00:00:00 GMT

Lawsuit Seeks Halt of Voting Machine Companies' Merger

Tue, 15 Sep 2009 00:00:00 GMT

Washington, D.C., September 15, 2009—Hart InterCivic, Inc., is seeking to prevent the merger of the nation’s two largest voting machine companies, alleging that the deal violates antitrust laws by creating an unlawful monopoly that could undermine the integrity of U.S. elections.

Express Advocacy Political Blog

Tue, 15 Sep 2009 00:00:00 GMT

http://expressadvocacy.com/ This site is dedicated to a discussion on political law topics, including federal campaign finance, election administration, recounts and contests, federal lobbying and congressional and executive branch ethics issues.

Patton Boggs Podcast - Week of September 14, 2009 (Audio)

Mon, 14 Sep 2009 00:00:00 GMT

PRIVATE CAPITAL AND INVESTMENT GROUP ALERT: The Status of Proposed Legislation For Increased Regulation of Investment Advisers and the Private Funds They Manage

Mon, 14 Sep 2009 00:00:00 GMT

After some five years of controversy, Congress seems prepared to enact legislation that would require most U.S.-based advisers to private investment funds (including hedge funds and private equity funds) to register with the U.S. Securities and Exchange Commission (SEC) under the Investment Advisers Act of 1940 (Advisers Act). Proposals to require registration of these advisers and/or the funds they advise have been advanced in Congress for several years following a decision of a Federal Court of Appeals in 2006 holding that the SEC lacked authority to require registration under its existing statutory authority.

Patton Boggs Mortgage Banking Update - Week of September 7, 2009

Wed, 09 Sep 2009 00:00:00 GMT

Patton Boggs Mortgage Banking team's weekly industry update.

In this issue:

The FAQs Just Keep on Coming
DID YOU KNOW?
FinCEN Considers Subjecting Lenders and Brokers to Anti-Money Laundering Requirements
In Case You Missed It

Patton Boggs Mortgage Banking Update - Week of August 31, 2009

Wed, 02 Sep 2009 00:00:00 GMT

Patton Boggs Mortgage Banking team's weekly industry update.

In this issue:

HUD Issues Another Update for Its New RESPA Rule
DID YOU KNOW?
Are You Ready for the October 1 Rule Changes?

Patton Boggs Continues Growth with Addition of Top Municipal Finance Attorney

Tue, 01 Sep 2009 00:00:00 GMT

Washington, D.C., September 1, 2009—Patton Boggs LLP has landed Jeffrey Cohen, one of the nation’s top municipal finance attorneys and a highly-respected litigator, strengthening its litigation team.

Safety and Health Law in the Obama Administration - Coal Age

Mon, 31 Aug 2009 00:00:00 GMT

While many Americans are expressing concerns over the economy and job losses, objecting to the costs and impacts of “cap and trade” and health care taxes, President Obama is filling key positions at the Department of Labor with vocal advocates of increased regulation and enforcement. In the middle of the worst economic crisis since the Great Depression, the president’s Department of Labor appointees will be put to the test of saving and creating jobs, while striving to achieve their long held regulatory goals.

Patton Boggs Podcast - Week of August 31, 2009 (Audio)

Mon, 31 Aug 2009 00:00:00 GMT

The Impact of the Obama Administration's International Tax Proposals on US and Overseas Multinationals - Financier Worldwide

Mon, 31 Aug 2009 00:00:00 GMT

On 26 February 2009 President Obama issued his first budget proposal for the US federal government since his election. The 134-page document, relating to the fiscal year ending 30 June 2010 proposed spending that amounted to some $3.6 trillion and for which revenue-generating offsets needed to be found. A single line item in the revenue portion of the budget read "[I]mplement international enforcement, reform deferral, and other tax reform policies." That cryptic statement was accompanied by a 10-year revenue estimate of $210bn — one of the largest individual revenue items in the proposal.

The Art of Air Sampling - Aggregates Manager

Sun, 30 Aug 2009 00:00:00 GMT

When the Mine Safety and Health Administration (MSHA) or the Occupational Safety and Health Administration (OSHA) conducts air sampling, the results for the site can include short-term abatement problems as well as long-term liability implications. Employees, and even their family members, can sometimes use those results to support claims for disability and negligence against operators. Often times, there are ways to reduce this potential liability at the initial sampling stage, when agencies and the laboratories they use have been known to make significant mistakes.

Patton Boggs Mortgage Banking Update - Week of August 24, 2009

Wed, 26 Aug 2009 00:00:00 GMT

Patton Boggs Mortgage Banking team's weekly industry update.

In this issue:

HUD Offers Guidance on New RESPA Rule
Get Your Business on the Road to 'Capital Thinking'

Patton Boggs Podcast - Week of August 24, 2009 (Audio)

Mon, 24 Aug 2009 00:00:00 GMT

Appraisal, Modification and Foreclosure Lawsuits Continue to Soar

Mon, 24 Aug 2009 00:00:00 GMT

Dallas, August 24, 2009 — A surge in litigation tied to real estate appraisals, loan modifications and foreclosures contributed to a 54 percent increase in mortgage-related lawsuits, according to the Second Quarter Mortgage Litigation Report from MortgageDaily.com. Investor litigation continued to be the busiest category.

Patton Boggs Mortgage Banking Update - Week of August 17, 2009

Tue, 18 Aug 2009 00:00:00 GMT

Patton Boggs Attorneys to Ring Closing Bell at the NYSE

Mon, 17 Aug 2009 00:00:00 GMT

New York City, August 17, 2009/NYSE – Patton Boggs lawyers Robert Brams and Thomas Russo will join retired members of the NFL Players Association to ring the closing bell of the New York Stock Exchange at 4 p.m. (EST) on Tuesday, August 18.

Patton Boggs Podcast - Week of August 17, 2009 (Audio)

Mon, 17 Aug 2009 00:00:00 GMT

Capital Thinking Patton Boggs Podcast - Week of August 17, 2009 - [Running Time: 9:24]

We discuss the state of health care reform and the President's options come September. Plus, we recap why the Sotomayor nomination fight has forever changed the standard for Senate confirmation of Supreme Court Justices.

ENERGY ALERT: U.S. Departments Of Treasury And Energy Jointly Announce Program To Award $2.3 Billion In Tax Credits To Manufacturers Of Advanced Energy Equipment

Fri, 14 Aug 2009 00:00:00 GMT

On August 13, 2009, the U.S. Departments of Treasury and Energy jointly announced a program to award $2.3 billion of tax credits to manufacturers of advanced energy equipment. The Treasury Department issued Notice 2009-72 (the “Notice”), a 73-page guidance document implementing the “qualifying advanced energy project program” (the “Program”). The Notice provides procedures for applying for rights to claim a 30 percent “qualified advanced energy project credit” under section 48C of the Internal Revenue Code. Section 48C was added to the Code by the American Reinvestment and Recovery Act of 2009 (“ARRA”). Taxpayers seeking allocations for the 2009-2010 round must submit a preliminary application by September 16, 2009.

INSIGHTS - Patton Boggs Safety & Health and Crisis Management Newsletter

Tue, 11 Aug 2009 00:00:00 GMT

INSIGHTS is our environmental, health and safety, and crisis management newsletter. In this August 2009 issue:

1. Safety Advocates Nominated to Lead MSHA and OSHA

2. GAO Raps OSHA on Voluntary Protection Program

3. MSHA, NIOSH Document Working Relationship in MOU

4. GAO’s Part 48 Training Recommendations Unresolved

5. Metal/Nonmetal to See Stepped Up Health Sampling Program

6. MSHA Holds Hearing on Coal Dust Monitor

7. Crandall Canyon Accident Curbing Utah Coal Operators’ Production

8. Tension Remains Between Oregon Producers, MSHA

9. Ten Firms Face Big Dollar Fines from OSHA

10. Chemical Safety Board: Recent Incidents

11. Court Rules for MSHA in Road Jurisdiction Case

12. MSHA Drops Part 46 Citation, But More Enforcement Action Likely

13. Review Commission Upholds Big Fine in Miner’s Death

14. Mesothelioma Court Case Roundup

15. New ASTM Standard to Play Role in OSHA Silica Rulemaking

16. Patton Boggs’ Webinar, Workshop Scheduled

Patton Boggs Snares New Mortgage Finance Group

Mon, 03 Aug 2009 00:00:00 GMT

Washington, D.C., August 3, 2009—Patton Boggs LLP is expanding its reach in the financial services arena by hiring one of the nation’s leading mortgage banking legal teams.

Mon, 27 Jul 2009 00:00:00 GMT

Texas Responds to NBAF Court Ruling

Wed, 22 Jul 2009 00:00:00 GMT

The U.S. Court of Federal Claims temporarily dismissed a lawsuit brought by the Texas Bio- and Agro-Defense Consortium protesting the Department of Homeland Security’s decision to build the National Bio-and Agro-Defense Facility in Manhattan, Kansas.

Avoiding Lawsuits After Layoffs - Counsel to Counsel

Tue, 21 Jul 2009 00:00:00 GMT

Reprinted with permission from Counsel to Counsel
Featured: Sally Garr, partner

As more companies contemplate layoffs and buyouts, what steps can in-house counsel take to head off litigation by dissatisfied employees and former employees?

As the economy continues to falter, many companies have been forced to contemplate layoffs. Few areas are more sensitive than reductions in force (RIFs), and layoffs can leave organizations vulnerable to lawsuits by unhappy former employees who have been involuntarily terminated. In-house counsel who consider all the alternatives before layoffs, carefully plan for any terminations and develop objective criteria for letting employees go can help minimize the threat of lawsuits, while being considerate of the employees who remain. [read more]

Patton Boggs Partner Kevin O'Neill Named One of "Washington's Rising Stars"

Mon, 20 Jul 2009 00:00:00 GMT

Calling him a “triple threat,” the National Law Journal-Legal Times named Patton Boggs partner Kevin O’Neill to its list of “40 Under 40: Washington’s Rising Stars.”

Senate Banking Committee Hearing - Preserving Homeownership: Progress Needed to Prevent Foreclosures

Thu, 16 Jul 2009 00:00:00 GMT

ENERGY ALERT: GRANTS IN LIEU OF ENERGY INVESTMENT CREDITS AND APPLICATION TO LEASES

Thu, 16 Jul 2009 00:00:00 GMT

July 2009 - George Schutzer - Energy Alert -In early July, the Department of the Treasury issued a 20-page guidance document (http://www.treas.gov/recovery/docs/guidance.pdf) on cash grants in lieu of energy investment tax credits. The guidance covers applications for grants, eligibility of property, eligibility of claimants for the cash grants and recapturing of grants. The guidance document was accompanied by a 6-page application form (http://www.treas.gov/recovery/docs/Application.pdf) and a Terms and Conditions document, (http://www.treas.gov/recovery/docs/energy-terms-and-conditions.pdf) which is essentially a contract between the party seeking the grant and the Treasury Department. The guidance acknowledges that a lessor of eligible property (referred to as “specified energy property”) may obtain a grant and that, in certain cases, the lessor can transfer to the lessee the right to obtain the grant.

Smart Grid Summary

Wed, 15 Jul 2009 00:00:00 GMT

July 2009 - Deborah Swanstrom - Smart Grid Summary
WHAT IS SMART GRID? Simply stated, Smart Grid involves technologies to improve the way electricity is supplied, transmitted, distributed, stored and consumed, including, for example, new sensor, communication and information-sharing technologies. [read more]

CAPITAL MARKETS ALERT: House Financial Services Capital Markets Subcommittee Hearing -- SEC Oversight: Current State and Agenda

Wed, 15 Jul 2009 00:00:00 GMT

July 15, 2009 - ALERT - The following is a brief summary of today’s hearing in the House Financial Services Capital Markets Subcommittee hearing on the Securities and Exchange Commission (“SEC”).

ALERT: The False Claims Act is Now an “All-Purpose Antifraud Statute"

Tue, 14 Jul 2009 00:00:00 GMT

July 2009 - Harry R. Silver, Laura Laemmle-Weidenfeld, and Laurence J. Freedman -The False Claims Act (“FCA”) has been a potent enforcement weapon against companies alleged of defrauding the federal government, including government contractors, pharmaceutical and device companies, and healthcare providers. Until its recent amendment, generally speaking, the FCA imposed liability for knowingly presenting a false or fraudulent claim to the government for payment.

Wholesale Market Brokers Form New Association

Mon, 13 Jul 2009 00:00:00 GMT

North America’s leading inter-dealer brokers announce today the launch of a new association to promote the quality and standards of the industry and a better understanding of the critical role played by wholesale brokers in the efficient functioning of financial markets.

ENERGY: UTILITY INVESTMENT APPROVAL GUIDELINES

Mon, 13 Jul 2009 00:00:00 GMT

Reprinted with permission from Counsel to Counsel - July/August 2009
Authors: Amy Koch and Douglas Everette, Patton Boggs LLP
The Federal Energy Regulatory Commission (FERC) regulates the acquisitions of securities of electric utilities and utility holding companies subject to its jurisdiction. FERC’s regulations implementing Section 203 of the Federal Power Act (FPA) require prior approval for an active purchase of 10 percent or more in the voting securities of a company unless both buyer and seller can claim one of the 16 Section 203 blanket authorizations. In addition, FPA Section 205 considers two or more regulated companies as “affiliates” for market power purposes if they are both controlled by an entity that holds 10 percent or more of their voting securities. These limits seek to prevent a controlling investor from engaging in abusive pricing that harms ratepayers and market competitors. [read more]

INSIGHTS ALERT: EPA Announces Plans for Financial Requirements for Hardrock Mines for Superfund

Mon, 13 Jul 2009 00:00:00 GMT

The Environmental Protection Agency (EPA) announced today that it has identified the hardrock mining industry as a priority for planned financial responsibility requirements in regards to Superfund. Planning to propose the rule by spring 2011, the EPA requirements will be developed under section 108(b) of the Comprehensive Environmental Response, Compensation and Liability Act, commonly called “Superfund.” The priority notice identifying hardrock mining, which will be published in the Federal Register and is the first step toward developing financial assurance requirements, satisfies a court order issued by the U.S. District Court.

Patton Boggs TechComm Industry Update - Week of July 13, 2009

Mon, 13 Jul 2009 00:00:00 GMT

Patton Boggs TechComm Industry Update - Week of July, 2009

Mon, 13 Jul 2009 00:00:00 GMT

The Impact of the Fraud Enforcement and Recovery Act of 2009 on the Civil False Claims Act

Wed, 08 Jul 2009 00:00:00 GMT

July 8, 2009 - Co-Authored by Michael Schaengold and LauraLaemmle-Weidenfeld - The article discusses the significant expansion of false claims and fraud-related exposure for companies doing business with or accepting payments from -- whether directly or indirectly -- the U.S. Government. As the article points out, false claims and fraud exposure now clearly extend to subcontractors with the U.S. Government and other companies (e.g., health care providers) that receive payments indirectly from the U.S. Government (including, for example, through state Medicaid programs). In sum, if the funds a company receives can be "traced" to the U.S. Government -- even if there are intermediaries, such as subcontractors or states -- exposure under the new Act exists if a false claim has been submitted or certain fraudulent acts have occurred. The article also identifies how companies can reduce their exposure under this Act.

MSHA Client Alert

Tue, 07 Jul 2009 00:00:00 GMT

July 2009 - Henry Chajet - On July 6, 2009, the White House announced the following nominees for the Mine Safety and Health Administration (MSHA) and the Department of Interior's Office of Surface Mining Reclamation and Enforcement. If you would like further information on these nominations please feel free to contact Henry Chajet ( or 202-457-6511) or Mark Savit ( or 303-894-6117).

Patton Boggs Podcast - Week of July 6, 2009 (Audio)

Mon, 06 Jul 2009 00:00:00 GMT

ALERT: OMB Issues Guidance On Recipient Reporting Requirements Under The Recovery Act

Thu, 02 Jul 2009 00:00:00 GMT

July 2, 2009 - Mary Beth Bosco - Section 1512 of the Recovery Act requires recipients of grants, loans, tribal agreements, cooperative agreements and certain other forms of assistance to file quarterly reports documenting their performance status and expenditures. These reports will be made public. On June 22, 2009, the Office of Management and Budget (OMB) provided further guidance as to the report contents, format and procedures. Click here to download the full alert. [.pdf]

Business Leasing and Finance News (HOME PAGE)

Wed, 01 Jul 2009 00:00:00 GMT

Business Leasing and Finance News (BLFN) is a monthly e-newsletter founded in January 2002. - BLFN delivers a range of articles relating to commercial finance, business leasing and equipment, transportation, technology and facility finance. Within this framework, BLFN focuses on business, legal, accounting, tax, aviation, technology, risk management and other relevant subjects. Using the style developed by its Founder, David G. Mayer, BLFN provides useful information, analysis, insights, tips and warnings based on real-life experience, online resources and other research. BLFN’s mission is to provide "leasing and financing strategies for your success."

New Legislation Gives FTC New Role in Litigation Settlements

Wed, 01 Jul 2009 00:00:00 GMT

FDLI Update - July/August Issue - Lacy L. Kolo
The Senate recently introduced a bill (S. 396) to outlaw specific patent infringement settlements between generic drug companies and pharmaceutical or “brand name” drug companies who hold the patent rights. If passed, this new bill will have two effects. Generic drug manufacturers who apply for an Abbreviated New Drug Application (ANDA) may obtain 180 days of market exclusivity if certain conditions are met. This bill will first outlaw any settlements where a generic company agrees not to market a new generic drug during their 180 days of exclusivity, in exchange for money. [read more]

Government of Belarus Pardons Emanuel Zeltser, American Returns Home

Wed, 01 Jul 2009 00:00:00 GMT

Washington, D.C., July 1, 2009—Patton Boggs LLP is relieved that Belarusian President Alexander Lukashenko has pardoned prominent American lawyer Emanuel Zeltser after more than a year in prison for crimes he did not commit.

Mr. Zeltser, gravely ill with diabetes and heart impairments, is on his way back to the United States after being detained in Belarus since March 2008 on charges of attempted economic espionage and traveling with forged documents. Mr. Zeltser has steadfastly denied all charges.

Litigation Achievements

Wed, 01 Jul 2009 00:00:00 GMT

EMPLOYMENT LAW ALERT: The Supreme Court’s Ruling in the Firefighter Case: So?

Tue, 30 Jun 2009 00:00:00 GMT

On June 29, the Supreme Court ruled in a 5-4 decision that the City of New Haven violated Title VII of the Civil Rights Act of 1964 when it discarded the results of a written examination for promotion of firefighters because only white and Hispanic firefighters would have been promoted according to those results. Ricci v. DeStefano, Nos. 07-1428 and 08-328. A Supreme Court decision, like a sumptuous meal, should be savored bite by bite, rather than gulped. It must be digested slowly to be properly appreciated and understood. This is particularly so where, as in Ricci, the opinions of the majority (written by Justice Kennedy) and of the dissent (by Justice Ginsburg), along with concurrences by Justices Scalia and Alito, draw markedly different inferences from the factual record. But the considerable publicity that has accompanied this case understandably may lead impatient employers to ask: What does this decision mean for our employment practices? The short answer, upon our prompt reflection, is probably less than you might think.

Intellectual Property Rights in the M&A Process - Financier Worldwide

Tue, 30 Jun 2009 00:00:00 GMT

The importance of intellectual property (IP) rights in M&A transactions has grown over the last few years, as they can be major value drivers in deals. With globalisation pushing at the boundaries of information distribution, most analysts expect the significance of IP assets – in the form of patentable technology, legally protectable trademarks and copyright – to increase even more in the future.

WEBINAR: Minimizing OSHA Criminal and Civil Liability Risks

Mon, 29 Jun 2009 00:00:00 GMT

July 15, 2009 - 12 NOON (Eastern) - LIVE WEBINAR - Patton Boggs Partners Henry Chajet and Mark Savit will lead a webinar discussion about Occupational Safety and Health Administration (OSHA) and how its regulations impact insurance coverage, lawsuits, workers' compensation and criminal prosecutions. For more information and registration, visit the West Legal EdCenter web site.

Patton Boggs Podcast - Week of June 29, 2009 (Audio)

Mon, 29 Jun 2009 00:00:00 GMT

Patton Boggs TechComm Industry Update - Week of June 25, 2009

Thu, 25 Jun 2009 00:00:00 GMT

Patton Boggs Podcast - Week of June 22, 2009 (Audio)

Mon, 22 Jun 2009 00:00:00 GMT

CYBERSECURITY ALERT: Cybersecurity Client Update

Mon, 22 Jun 2009 00:00:00 GMT

June 22 - Norma Krayem - Cybersecurity of both government and private networks is an issue of great concern these days. On May 29, President Barack Obama pledged to make securing the nation's most vital computer networks a top economic and national security priority, stating that he would work to make sure the nation's core digital infrastructure is treated as a national asset.

IP ALERT: White House Picks New Under Secretary of Commerce for Intellectual Property and Director of the USPTO

Fri, 19 Jun 2009 00:00:00 GMT

June 19 - On June 18, President Obama announced his intention to nominate David J. Kappos, currently the Vice President and Assistant General Counsel, Intellectual Property Law, for IBM Corporation, as Assistant Secretary of Commerce for Intellectual Property and Director of the Patent and Trademark Office.

OIL & GAS LAW ALERT: When You Bought Those Leases, Did You Think About The FCC?

Tue, 16 Jun 2009 00:00:00 GMT

June 16--Failure to obtain the appropriate FCC authority prior to closing is a violation of the Communications Act and may subject the company to monetary penalties. Moreover, failure to inventory FCC licenses in the due diligence process may lead to licenses expiring and the frequencies being reassigned to third parties, because appropriate renewal applications or other regulatory filings are not filed on a timely basis.

TALF ALERT: Federal Reserve Bank of New York Releases Revised TALF FAQs

Tue, 16 Jun 2009 00:00:00 GMT

June 16--The Federal Reserve Bank of New York (“FRBNY”) released revised versions of the Frequently Asked Questions (“FAQ”) for the Term Asset-Backed Securities Lending Facility (“TALF”) related to issuances of 2009 commercial mortgage-backed securities (“CMBS”) and pre-2009 CMBS issuances (“Legacy CMBS”).

Patton Boggs Podcast - Week of June 15, 2009 (Audio)

Mon, 15 Jun 2009 00:00:00 GMT

Summary of TARP Standards for Compensation and Corporate Governance

Mon, 15 Jun 2009 00:00:00 GMT

Patton Boggs Receives Top Rankings from Chambers USA

Fri, 12 Jun 2009 00:00:00 GMT

Friday, June 12, 2009 - Washington, D.C., June 12, 2009— Patton Boggs LLP has once again received top rankings for a number of the firm’s partners and practice areas in the 2009 edition of Chambers USA. The highly-regarded survey ranks the nation’s leading law firms and lawyers based on in-depth research and extensive interviews with clients and attorneys.

Patton Boggs Receives Top Rankings from Chambers USA

Fri, 12 Jun 2009 00:00:00 GMT

Patton Boggs LLP has once again received top rankings for a number of the firm’s partners and practice areas in the 2009 edition of Chambers USA. The highly-regarded survey ranks the nation’s leading law firms and lawyers based on in-depth research and extensive interviews with clients and attorneys.

Patton Boggs TechComm Industry Update - Week of June 12, 2009

Fri, 12 Jun 2009 00:00:00 GMT

ALERT: Protecting Trademarks on Facebook

Thu, 11 Jun 2009 00:00:00 GMT

Patton Boggs Trademark Client Alert: On Tuesday, June 9, Facebook, Inc. announced that beginning this Saturday, June 13 at 12:01 a.m. U.S. EDT, existing Facebook members will be able to create personalized URLs for their Facebook pages (facebook.com/yourname). For more information about Patton Boggs LLP, please visit: www.pattonboggs.com or www.pattonboggstrademarks.com. Please contact the Patton Boggs attorneys listed for advice and assistance. Susan Billheimer - 202-457-5316 - George Borababy - 202-457-5210 - Deborah Lodge - 202-457-6030 - .

TALF ALERT: New York Fed Announces June 16 TALF Operation, Revised FAQs and Related Forms

Wed, 10 Jun 2009 00:00:00 GMT

June 10--Yesterday afternoon, the Federal Reserve Bank of New York ("FRBNY") issued revised Frequently Asked Questions ("FAQ") for the Term Asset-Backed Securities Loan Facility ("TALF") (links below). The release supplements the information distributed on May 20th. Investor interest in the TALF has gradually increased. Of the $13.6 billion in asset-backed securities ("ABS") issued in May, $10.6 was financed through TALF.

CAPITAL MARKETS ALERT: Congressional Oversight Panel Report "Stress Testing and Shoring Up Bank Capital"

Tue, 09 Jun 2009 00:00:00 GMT

June 9, 2009 - Capital Markets Alert - On June 9, 2009, the Congressional Oversight Panel, which is charged with reviewing the state of the markets, current regulatory system, and the Treasury Department's management of the Troubled Asset Relief Program, released its June report entitled “Stress Testing and Shoring Up Bank Capital.” The panel engaged two experts in risk analysis from the University of California at Berkeley to review the stress test methodology. I've attached the report, which includes a three page executive summary, to this email.

CAPITAL MARKETS ALERT: Summary of Public-Private Investment Program Summit

Tue, 09 Jun 2009 00:00:00 GMT

June 9, 2009 - Capital Markets Alert - The Securities Industry and Financial Markets Association (SIFMA) and the Pension Real Estate Association (PREA) hosted a conference to discuss the Term Asset-Backed Securities Lending Facility (“TALF”), the Public-Private Investment Program (“PPIP”), the FDIC’s proposed Legacy Loans Program, the Treasury Department’s Legacy Securities Program, and the expansion of the TALF to include commercial mortgage-backed securities (“CMBS”) and “legacy” CMBS.

Patton Boggs Podcast - Week of June 8, 2009 (Audio)

Mon, 08 Jun 2009 00:00:00 GMT

NO SMALL CHANGE Part II: Distribution of Federal Competitive, Discretionary, and Formula Funding

Mon, 08 Jun 2009 00:00:00 GMT

On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act of 2009 (ARRA), which authorized $575 billion in new short-term Federal spending designed to stimulate the American economy. Patton Boggs LLP has continued its effort to provide real-time distribution and analysis of funding opportunities available through ARRA. On February 17, we released No Small Change - The Stimulus Package and its Impact .

The Time Trap - Aggregates Manager

Mon, 01 Jun 2009 00:00:00 GMT

Written by Mark Savit

Coal Dust on the Horizon - Coal Age Magazine

Mon, 01 Jun 2009 00:00:00 GMT

Written by Avi Meyerstein

Patton Boggs Podcast - Week of June 1, 2009 (Audio)

Mon, 01 Jun 2009 00:00:00 GMT

Overview of the real property laws of Dubai, Dubai Real Times

Fri, 29 May 2009 00:00:00 GMT

Written by Raymond Termini—Most observers would agree that Dubai has experienced phenomenal growth in its real estate industry, especially during the last five years. Everywhere one looks, the evidence of this growth can be seen in the amazing display of glittering hotels such as the Burj Al Arab, office buildings such as the Burj Dubai, which will be the tallest building in the world when completed, and shopping centres such as Mall of the Emirates with its indoor ski slope; in the creation of man-made islands such as the World Islands and Palm Jumeirah; in the development of free zones, such as the Dubai International Financial Centre, where companies can be 100 per cent owned by non-UAE nationals; and the list goes on.

Investing in the North American renewable energy sector

Fri, 29 May 2009 00:00:00 GMT

Written by Amy Koch—On 17 February 2009, U.S. Congress passed the American Recovery and Reinvestment Act (ARRA), a $787.2bn spending and tax cut stimulus package that covers various sectors, including education, healthcare and infrastructure. Within the infrastructure spend of $61bn, $43bn has been earmarked for energy, with an emphasis on renewable energy, clean tech initiatives and energy efficiency. As such, it is clear that the Obama administration’s determination to address climate issues will create a wide range of opportunities for both strategic and financial investors interested in renewable energies and other energy provision initiatives. However, the new bill also means that potential legal and regulatory issues may need to be overcome. Ultimately though, investments into the renewable energy sector are expected to play a role in helping the U.S. economy to recover from the current financial crisis.

Mon, 18 May 2009 00:00:00 GMT

Washington, D.C., May 18, 2009—A recent decision issued by the U.S. District Court in Nevada clears the way for Houston-based SulphCo, Inc., to retain ownership of its high tech desulfurizing process that upgrades crude oil products.

Patton Boggs Podcast - Week of May 18, 2009 (Audio)

Mon, 18 May 2009 00:00:00 GMT

ALERT: The Recovery Act’s Buy American Requirements - Do Your Products Qualify?

Fri, 15 May 2009 00:00:00 GMT

Written by Daniel E. Waltz—Earlier this year, Congress passed and the President signed the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5 (the “Recovery Act”), authorizing the spending of literally hundreds of billions of dollars in federal government contracts and grants. The Recovery Act contains a “Buy American” provision suggesting that iron, steel, and manufactured goods purchased with funds made available under the Recovery Act must be produced in the United States. That provision also provides, however, that this requirement “shall be applied in a manner consistent with United States obligations under international agreements.”

Choice of Forum for Federal Government Contract Bid Protests

Thu, 14 May 2009 00:00:00 GMT

Written by Michael J. Schaengold, Elizabeth Gill and Michael T. Guiffre—A “disappointed offeror” for a U.S. Government Executive Branch contract ordinarily has three major options for contesting the award of a contract to a competitor or its failure to be awarded a contract.1 The disappointed offeror may file a “bid protest” with (1) the agency (i.e., an agency-level bid protestresolved by the Contracting Officer (“CO”) or at a level above the CO), (2)the Government Accountability Office (“GAO”), or (3) the U.S. Court ofFederal Claims (“COFC”).2 Similarly, a prospective offeror that files a bid protest before the submission of bids or proposals (e.g., with respect to theterms of the solicitation)—or some other form of preaward protest—also has the choice of these three forums to file a preaward protest.3

Patton Boggs TechComm Industry Update - Week of May 14, 2009

Thu, 14 May 2009 00:00:00 GMT

Written by Jennifer L. Richter, Jennifer A. Cetta, Carly T. Didden and Rebecca L. Murphy—The Senate Commerce Committee scheduled a May 19th confirmation hearing for Lawrence Strickling, the President’s nominee for Assistant Secretary of Commerce for Communications and Information. The Assistant Secretary for Communications and Information manages the National Telecommunications and Information Administration (NTIA) and is the President’s principal advisor on telecommunications policy.

Senate Judiciary Committee's Proposed Patent Reform Act of 2009 (S. 515)

Wed, 13 May 2009 00:00:00 GMT

On May 12, the Senate Judiciary Committee released its report on the proposed Patent Reform Act of 2009 (S. 515). The report includes a section-by-section summary of the bill, Congressional Budget Office Cost Estimates, and a Regulatory Impact Evaluation.

Click here to download the full report.

Patton Boggs Podcast - Week of May 11, 2009 (Audio)

Mon, 11 May 2009 00:00:00 GMT

Thomas Hale Boggs, Jr. Delivers Keynote to Investors

Wed, 06 May 2009 00:00:00 GMT

Washington, D.C., May 6, 2009—For the 11th year in a row, Patton Boggs LLP sponsored the annual Symposium on Mezzanine and Middle Market Finance in New York City.

Patton Boggs Techcomm Industry Update - Week of May 5, 2009

Tue, 05 May 2009 00:00:00 GMT

Written by Jennifer L. Richter, Jennifer A. Cetta, Dean M. Dilley and Rebecca L. Murphy—Despite a congressional mandate charging the Agriculture and Commerce departments with overseeing the broadband stimulus funds, the White House is playing a key behind-the-scenes role. Sources told Congress Daily that the White House has stepped in to oversee the initiative due in part to key vacancies at both agencies and the FCC. "We're helping to coordinate between agencies," a White House official told Congress Daily, acknowledging that the Obama administration is providing guidance on policy matters, such as which regulatory strings should be attached to the funding.

The Time Trap - Coal Age Magazine

Fri, 01 May 2009 00:00:00 GMT

Written by Mark Savit

Business Leasing and Finance News (BLFN) May-June Issue 83

Fri, 01 May 2009 00:00:00 GMT

BLFN AT A GLANCE

The lead article asks whether the Cape Town Convention can really assist in the exercise of self-help and other default remedies or if it set traps for the unwary. The second article explores the five top steps to assessing old styles and standards of identifying, measuring and mitigating risk in vendor financing programs. The third article, BLFN’s Case & Comment, discusses Golden West Refining v. SunTrust Bank, 538 F.3d 1233 [Case No. 06-56006] (9th Cir. 2008), which demonstrates the importance of knowing when a letter of credit is perpetual, as may be intended, and when it is not. Finally, the fourth article, BLFN’s Finance 101, asks “What Is a Novation?”

1. Debtor Insolvencies and Defaults Test Cape Town Convention

2. Five Steps to Evaluating Vendor Financing Risks in a Volatile Market

3. Case & Comment: Golden West Refining v. SunTrust Bank – No “Perpetual” Letters of Credit

4. Finance 101: What Is a “Novation?"

About Patton Boggs LLP; NEW>>PB Capital Resource Center; Publications and Radio Interviews

The Settlement Shuffle - Aggregates Manager

Fri, 01 May 2009 00:00:00 GMT

Written by Christa Lee Rock

MEDIA ALERT: Afghanistan, Pakistan and India: Today and Beyond

Thu, 30 Apr 2009 00:00:00 GMT

Washington, D.C., April 30, 2009—Former Ambassador Frank G. Wisner plans to present a special program on the recent developments in Afghanistan, Pakistan and India on Thursday, May 7^th as part of the Patton Boggs Foundation’s lecture series.

ALERT: Update on American Recovery and Reinvestment Act Smart Grid Provisions

Thu, 30 Apr 2009 00:00:00 GMT

Beyond President Obama’s Busy First 100 Days

Wed, 29 Apr 2009 00:00:00 GMT

Today, President Barack Obama will have been in office 100 days. Throughout this period,
he has been constantly reminded about the central role of the Senate in shaping legislation into a
form in which it will be enacted into law, or not. As the first sitting Senator elected to the White
House since 1960, the President has a keener sense than many of his predecessors about the power of one Senator to block legislative action on important bills. He understood, for example, that enacting his $787 billion stimulus bill depended ultimately not on the position of 257 House Democrats, but on the views of three moderate Republican Senators. The President also knew he
could discourage the Senate from taking quick action when the market reacted to the confiscatory tax legislation adopted by the House in response to news reports about the $165 million in bonuses paid to AIG employees. For the remainder of his presidency, the Senate will largely be the body in which his goals are achieved or his hopes are dashed, and where the heat generated in the House will have time to dissipate.

Frequently Asked Questions on International Trade Commission § 337 Investigations

Tue, 28 Apr 2009 00:00:00 GMT

Written by Richard Oparil—1. What Is a § 337 Investigation?

The Federal Circuit Rules That Displaying Allegedly Infringing Products At A Trade Show May Subject A Foreign Company To U.S. Jurisdiction

Tue, 28 Apr 2009 00:00:00 GMT

In an April 17, 2009 decision, the U.S. Court of Appeals for the Federal Circuit adopted an expansion definition of systemic personal jurisdiction over a foreign medical manufacturer that displayed products that infringe a U.S. patent at a trade show in the United States. Synthes (U.S.A.) v. G.M. Dos Reis Jr. Ind. Com. de Equipo. Medico, No. 2008-1279, 2009 U.S. App. Lexis 8081 (Fed. Cir. Apr. 17, 2009). The appellate court ruled that the District Court’s erroneously dismissed a patent infringement action for lack of personal jurisdiction.

Synthes is a Pennsylvania medical-device company that makes instruments and implants, including bone plates, used to immobilize bones or bone fragments to promote healing of fractures. It is the assignee of a patent directed to “a bone plating system and method for fracture fixation of bone.”

GMReis is a Brazilian corporation, with its headquarters in that country. It designs, manufactures, and markets orthopedic and neurological medical devices, including bone plates. In 2007, GMReis’ CEO and an employee spent three days at the American Association of Orthopedic Surgeons (AAOS) Annual Meeting in San Diego. GMReis’ booth displayed, among other things, samples of five locking bone plates.

While at the trade show, Synthes served GMReis with a summons and complaint for patent infringement. Synthes pleaded that GMReis was subject to personal jurisdiction in the Southern District of California because it had “imported into the United States and/or offered to sell locking plates that infringe Synthes’ patent rights [and had] displayed said locking plates at the 2007 [AAOS] Annual Meeting in San Diego, California for the purpose of generating interest in infringing products to the commercial detriment of [Synthes].” GMReis moved to dismiss Synthes’ complaint for lack of personal jurisdiction under Fed. R. Civ. P. 12(b)(2). GMReis admitted that it attended the 2007 AAOS Meeting as part of its international sales effort but argued that it was not subject to jurisdiction because it had not performed any act that would constitute patent infringement. GMReis asserted that it had made only one sale of its products in the United States to a veterinary medical supply company. GMReis claimed that it attended the AAOS meeting because many non-U.S. surgeons attend the annual trade show, and GMReis wanted to show its products to those non-U.S. surgeons. GMReis products are not approved by the Food and Drug Administration (“FDA”) for use in humans in the United States.

The record showed that GMReis had exhibited its products at a minimum of seven trade shows in the United States since 2003, including the 2006 North American Spine Society (AAOS) trade show, the 2003 World Spine II trade show, and the 2003–2007 AAOS annual meetings. In addition, Mr. dos Reis admitted that he attended at least two other trade shows in the United States. Synthes also learned about GMReis’ product acquisition and development in the United States. In the past, GMReis has purchased in the United States parts and a manufacturing machine for use in Brazil. In addition, it regularly purchases a product in the United States for resale in Brazil, and its representatives have met and consulted with two American companies regarding potential purchase and development of components for non-accused products.

Synthes also learned through discovery that, following the 2007 AAOS Meeting, GMReis’ website received two inquiries from U.S. entities, asking whether certain GMReis products would be available for sale or would be the subject of clinical trials for FDA approval in the United States in the future. GMReis responded by email that its products were neither approved by the FDA nor available to the U.S. market, and that it did not intend to launch its products in the United States in the future.

The Federal Circuit noted that because the District Court resolved the personal jurisdictional question based on the submission of papers, Synthes bore the burden of making a prima facie showing that the court had personal jurisdiction over GMReis. Synthes invoked Fed. R. Civ. P. 4(k)(2), which provides that in federal question cases involving a foreign defendant, contacts with the United States as a whole may be analyzed under the Due Process Clause of the Fifth Amendment to determine if personal jurisdiction in a U.S. federal court is proper. Rule 4(k)(2) reads:

For a claim that arises under federal law, serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant if:

(A) the defendant is not subject to jurisdiction in any state’s courts of general jurisdiction; and

(B) exercising jurisdiction is consistent with the United States Constitution and laws.

The Federal Circuit, which had not previously considered the scope of the rule, ruled that “we read Rule 4(k)(2) to allow a court to exercise personal jurisdiction over a defendant if (1) the plaintiff’s claim arises under federal law, (2) the defendant is not subject to jurisdiction in any state’s courts of general jurisdiction, and (3) the exercise of jurisdiction comports with due process.” Id. at *18.

Determining whether a plaintiff’s claim arises under federal law generally presents a relatively straightforward analysis, and in this case it is undisputed that Synthes’ patent infringement claim arises under federal law. See 28 U.S.C. § 1338.

However, determining the second Rule 4(k)(2) requirement – that the defendant not be subject to personal jurisdiction in any state’s courts of general jurisdiction (the “negation requirement”) – could pose practical difficulties because the plaintiff’s burden would be to prove that the defendant is not subject to jurisdiction in any of the 50 states. Here, however, GMReis itself asserted that it was not subject to the jurisdiction of any U.S. forum. Under these circumstances, the Court of Appeals applied a due process analysis under Rule 4(k)(2) and considered GMReis’ contacts with the nation as a whole. “We leave for another day a determination as to (i) whether the plaintiff or defendant bears the burden of fulfilling the second requirement of Rule 4(k)(2), (ii) what sort of showing satisfies that burden, and (iii) whether the district court, in the first instance, must undergo a Rule 4(k)(1) analysis before engaging in a Rule 4(k)(2) analysis.” 2009 U.S. App. Lexis 8081 at *26-27.

The Federal Circuit then went on to find that the District Court was correct in ruling that it did not have general jurisdiction over GMReis. Its these contacts with the United States do not constitute “continuous and systematic general business contacts” which would confer a court with general jurisdiction. However, it found that the District Court erred in ruling that it lacked specific jurisdiction over GMReis. GMReis purposefully directed its activities at parties in the United States. The company brought locking bone plates into the United States from Brazil and purposefully displayed those items at the GMReis booth at the 2007 AAOS Meeting as part of its international sales effort. “Together, these deliberate contacts support a finding that GMReis purposefully availed itself of the United States.” Id. at *30.

In addition, Synthes’ claim of patent infringement arises out of GMReis’ activities in the United States. The Court found that:

Synthes’ complaint alleges that GMReis has been, and still is, making, using, offering for sale, selling, and/or importing into the United States products, systems, and/or apparatuses that infringe the ’744 patent, all in violation of 35 U.S.C. § 271(a). Synthes states in the complaint that GMReis is subject to personal jurisdiction because GMReis directly and through agents imported into the United States, and/or offered to sell, locking plates that infringe Synthes’ ’744 patent. Synthes also states that GMReis displayed the locking plates at the 2007 AAOS Meeting for the purpose of generating interest in infringing products, to the commercial detriment of Synthes. Synthes’ claim of patent infringement, therefore, arises directly out of GMReis’ bringing the locking bone plates into the United States, displaying them at the 2007 AAOS Meeting in San Diego, and trying to generate interest in GMReis products among attendees of the trade show.

Id. at *30-31. Therefore, GMReis’ activities within the United States were sufficient to establish minimum contacts.

The Court then held that exercising jurisdiction over GMReis was reasonable and fair. Burger King Corp. v. Rudzewicz, 471 U.S. 462, 477 (1985); World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 292 (1980). While GMReis will be required to traverse the distance between its headquarters in Brazil and the district court in California, and will be required to submit itself to a foreign nation’s judicial system, “progress in communications and transportation has made the defense of a lawsuit in a foreign tribunal less burdensome.” World-Wide Volkswagen, 444 U.S. at 294 (quoting Hanson v. Denckla, 357 U.S. 235, 251 (1958) (quotation marks omitted). In addition, for at least the last five years, GMReis representatives have traveled to the United States for, among other things, trade shows, which suggests that, as far as GMReis is concerned, travel itself is not unduly burdensome. Moreover, the United States has a strong interest in adjudicating the infringement dispute and Synthes has an interest in seeking to obtain a judgment of infringement and injunctive relief.

The Federal Circuit did note that it did not intend to chill foreign trade:

We agree that the United States has an interest in not chilling trade show attendance by foreign inventors, entrepreneurs, and customers. However, we do not view our decision as barring convention center doors to foreign entities. Interested parties, foreign and domestic, are welcome to attend trade shows in the United States, set up booths, and discuss their products. If, however, as in this case, a party brings allegedly infringing products to a trade show, we do not see the Due Process Clause of the Fifth Amendment standing in the way of a district court’s exercise of jurisdiction over the party.

2009 U.S. App. Lexis 8081 at *37-38.

Thus, subjecting GMReis to the jurisdiction of the district court is both reasonable and fair and it reversed the judgment of the District Court dismissing Synthes’ complaint for lack of personal jurisdiction.

In this case of first impression under Rule 4(k)(2), the Federal Circuit has opened the door for U.S. companies to sue foreign defendants in U.S. courts based on the display of allegedly infringing products at trade shows. Moreover, the Synthes decision is implicitly retroactive and damages and injunctive relief could be sought for displays that occurred several years ago. Foreign defendants that are located in countries that are signatories to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters or the Inter-American Convention on Letters Rogatory and Additional Protocol (Inter-American Service Convention) would be particularly vulnerable to suits in the United States.

Written by Richard Oparil

Click here to access the slip opinion.

MEDIA ALERT: Procurement Experts to Discuss Selling Security Convergence Solutions to Government

Tue, 28 Apr 2009 00:00:00 GMT

Washington, D.C., April 28, 2009—The Coalition for Government Procurement, in conjunction with Patton Boggs LLP, is hosting a “Security Convergence Breakfast” on May 5 for vendors and federal agencies interested in learning more about security convergence solutions for the federal government.

HEALTH & SAFETY: H.R. 2067 "Protecting America's Workers Act Amending the 1970 OSH Act"

Mon, 27 Apr 2009 00:00:00 GMT

Patton Boggs Podcast - Week of April 27, 2009 (Audio)

Mon, 27 Apr 2009 00:00:00 GMT

Federal Circuit Affirms In Part and Vacates In Part International Trade Commission Determination On Patent Misuse

Mon, 27 Apr 2009 00:00:00 GMT

In Princo v. ITC, No. 2007-1386, 2009 U.S. App. Lexis 8230 (Fed. Cir. Apr. 20, 2009), respondent Princo admitted that its products were within the scope of Philips’s patents. It asserted patent misuse by Philips as a defense. Princo contended that the International Trade Commission (ITC) erred by failing to find misuse with respect to two aspects of Philips’s licensing practices: first, that Philips conditioned the license of its patents essential to the production of recordable compact discs upon the purchase of a license to an allegedly-nonessential Sony patent (the Lagadec patent), and second, that Philips allegedly agreed with Sony not to license the Lagadec patent as competing technology. The Federal Circuit affirmed the ITC’s rejection of Princo’s misuse argument based on the first practice but vacated and remanded for further proceedings with regard to the second.

Click here to access the decision.

CAPITAL MARKETS CLIENT UPDATE: Agenda for Financial Services Issues and the Week Ahead

Mon, 27 Apr 2009 00:00:00 GMT

CAPITAL MARKETS ALERT: Reg Reform - HFSC Wraps Up "Addressing the Need for Comprehensive Regulatory Reform" - Cumulative Recap

Sun, 26 Apr 2009 00:00:00 GMT

Patton Boggs TechComm Industry Update - Week of April 24, 2009

Fri, 24 Apr 2009 00:00:00 GMT

ALERT: Public Private Investment Program (PPIP)

Fri, 24 Apr 2009 00:00:00 GMT

ALERT: HFSC Hearing on “The Mortgage Reform and Anti-Predatory Lending Act of 2009” (H.R. 1728)

Thu, 23 Apr 2009 00:00:00 GMT

CAPITAL MARKETS TALF UPDATE: New York Federal Reserve Bank Announces May 5th, TALF Operation: Two New Interest Rates

Wed, 22 Apr 2009 00:00:00 GMT

NO SMALL CHANGE: The Stimulus Package and Its Impact - Patton Boggs Economic Stimulus Analysis - The American Recovery and Reinvestment Act of 2009

Tue, 21 Apr 2009 00:00:00 GMT

Today, February 17, 2009, at an alternative energy facility outside of Denver, Colorado, President Obama signed into law the American Recovery and Reinvestment Act of 2009. This Act amounts to the largest one-time domestic spending program in United States history, coupled with a massive dose of tax relief, all intended to stimulate the faltering economy and, specifically, to create or save 3.5 million jobs during the President’s first two years in office.

MEMORANDUM: Background on the Reconciliation Process

Tue, 21 Apr 2009 00:00:00 GMT

Patton Boggs Podcast - Week of April 20, 2009 (Audio)

Mon, 20 Apr 2009 00:00:00 GMT

INSIGHTS Newsletter - Current Issue

Fri, 17 Apr 2009 00:00:00 GMT

The Settlement Shuffle- Coal Age Magazine

Thu, 16 Apr 2009 00:00:00 GMT

Article written by Christa Lee Rock

New Investor Coalition Demands Changes to Housing Bill

Tue, 14 Apr 2009 00:00:00 GMT

Mortgage investors are forming a new coalition to demand major changes to proposed legislation that aims to help cash-strapped Americans keep their homes.

Fri, 03 Apr 2009 00:00:00 GMT

Insights: New MSB Examination Manual Challenges Regulators, Industry and Banks

Fri, 03 Apr 2009 00:00:00 GMT

Written by Carol R. Van Cleef—The release of the long anticipated Bank Secrecy Act/Anti-Money Laundering Examination Manual for Money Services Businesses (MSB Manual) has left many regulators, money services business (MSB) and banks struggling to understand what the manual means for them. Uncertainty exists as to how the manual will affect the efforts of MSBs to meet recordkeeping and reporting obligations and prevent them from being used to facilitate money laundering and terrorist financing activities.

CAPITAL MARKETS ALERT: Reg Reform/G20 - Recap of Highlights of G20 Leaders Statement

Thu, 02 Apr 2009 00:00:00 GMT

ALERT: Reg Reform/G20 - Recap of Highlights of G20 Leaders Statement

Thu, 02 Apr 2009 00:00:00 GMT

Federal Circuit Decision Enforces Covenant Not To Sue For Future Infringement

Wed, 01 Apr 2009 00:00:00 GMT

On April 8, 2009, the Federal Circuit issued a decision reiterating that a covenant not to sue can be equivalent to a non-exclusive patent license.

In TransCore, LP v. Electronic Transaction Consultants Corp., No. 2008-1430, TransCore owned patents relating to automated toll collection plaza systems (e.g., E-ZPass). TransCore had previously sued a competitor, Mark IV Industries for patent infringement. The case settled, with TransCore covenanting not to sue Mark IV for future infringement of any of the patents. Several years later, a third party, ETC, installed and tested a toll collection system purchased from Mark IV. TransCore sued ETC for patent infringement. ETC filed a motion for summary judgment, arguing, among other things, that its activities were permitted by the TransCore-Mark IV settlement agreement and the doctrine of patent exhaustion. The District Court agreed and granted ETC’s motion.

The Federal Circuit affirmed. The Court relied on several prior cases finding that a non-exclusive patent license is equivalent to a covenant not to sue. Significantly, the TransCore-Mark IV settlement agreement expressly provided that the covenant not to sue would not to any future infringement by Mark IV of the patents-in-suit. Thus, the Court concluded that a future sale by Mark IV to a customer was allowed by the covenant not to sue and TransCore’s patent rights were exhausted.

Click here to download a copy of the decision.

Written by Richard J. Oparil

Recently Issued Patent: Breathe US 7,487,778 B2

Wed, 01 Apr 2009 00:00:00 GMT

A method and apparatus is described for supporting the respiration of a patient.

Virginia District Court Upholds Constitutionality of False Marking Statute

Wed, 01 Apr 2009 00:00:00 GMT

Judge Leonie M. Brinkema recently ruled that the federal False Marking Statute is not unconstitutional. The statute, 35 U.S.C. § 292, prohibits any person from falsely marking a product with a patent number, the word "patented" or any other word or number that suggests that the product is patented for the purpose of deceiving the public. The penalty is a fine of up to $500 for every offense. Significantly, under section 292(b), any person may sue for the penalty, in which event one-half shall go to the person suing and the other half to the United States.

In Pequignot v. Solo Cup Co., 2009 U.S. Dist. Lexis 26020 (E.D. Va. Mar. 27, 2009), the plaintiff, Pequignot, a patent attorney, sued the defendant Solo Cup Company under section 292 for allegedly falsely marking several of its products with expired patent numbers and improperly marked other products with conditional patent markings. Solo moved to dismiss, arguing that Pequignot lacked standing to bring suit under Article III of the U.S. Constitution. It alternatively argued that if Pequignot was found to have standing to sue under § 292(b) as a qui tam relator, the suit would violate the constitutional separation of powers doctrine, specifically the Take Care clause of Article II, § 3. The United States intervened in the case to defend the constitutionality of the qui tam provision.

The Court denied the motion to dismiss. The Court first held that Pequignot had standing to sue, even though he was not a competitor of Solo Cup or had any actual injury, because the statute provided that “any person” may sue as a qui tam relator. The Court went on to rule that the qui tam provision did not violate the separation of powers doctrine. The Court based its finding on the numerous cases that have held the qui tam provisions of the False Claims Act to be constitutional. In addition, delegation to a person not controlled by the Executive Branch to enforce the False Marking Statute in a civil suit does not raise serious Article II questions. Further, there is nothing to preclude the United States from either filing its own separate action to enforce section 292 or move to intervene in the qui tam action. The United States also could intervene and seek a protective order under Fed. R. Civ. P. 26(c) if the qui tam action was interfering with any government investigation or prosecution. Finally, the fact that the government intervened to support Pequignot’s case was “persuasive evidence” that no separation of powers principles were violated.

While the Federal Circuit has considered appeals of cases brought under the False Marking Statute (such as Clontech Labs., Inc. v. Invitrogen Corp., 406 F.3d 1347 (Fed. Cir. 2005)), it has never expressly ruled on its constitutionality.

Written by Richard J. Oparil

International Traffic in Arms Regulations: Empowered Official "Basic Training"

Wed, 01 Apr 2009 00:00:00 GMT

Hazard Complaint Investigations - Aggregates Manager

Wed, 01 Apr 2009 00:00:00 GMT

Written by John Austin and Brian Hendrix

Avoiding the Money Laundering Trap - Counsel to Counsel

Tue, 31 Mar 2009 00:00:00 GMT

Patton Boggs Techcomm Industry Update - Week of March 30, 2009

Mon, 30 Mar 2009 00:00:00 GMT

Patton Boggs Podcast - Week of March 30, 2009 (Audio)

Mon, 30 Mar 2009 00:00:00 GMT

NFL Players' Chief To Appear On Patton Boggs Radio Show

Mon, 30 Mar 2009 00:00:00 GMT

Washington, D.C., March 30, 2009— It’s no secret that Patton Boggs partner DeMaurice Smith was elected to run the NFL Players Association.

Update: “Resolution Authority for Systemically Significant Companies Act of 2009”

Fri, 27 Mar 2009 00:00:00 GMT

UPDATED: PRESIDENT-ELECT BARACK OBAMA AND THE 111TH CONGRESS: What to Expect

Thu, 26 Mar 2009 00:00:00 GMT

ALERT: Federal Circuit Issues Decision on New USPTO Rules

Thu, 26 Mar 2009 00:00:00 GMT

On March 20, 2009, the Court of Appeals for the Federal Circuit ruled on an appeal of the U.S. Patent and Trademark Office (USPTO) attempt to amend their patent prosecution rules on continuing applications, requests for continued examination practices, and examination of claims in patent applications.

The Federal Circuit vacated the rules regarding continuation applications and remanded the others. The lower court will now decide whether the remaining rules are valid.

GlaxoSmithKline (GSK) had challenged the new rules under the Administrative Procedure Act (“APA”), 5 U.S.C. §§ 701 et seq. and the Patent Act, 35 U.S.C. §§ 1 et seq. The district court granted GSK’s motion for summary judgment and blocked rule implementation. Tafas and GSK v. Dudas, 541 F. Supp. 2d 805 (E.D. Va. 2008).

In the March 20 ruling, the Federal Circuit vacated the USPTO rule that attempted to limit continuation applications by requiring a petition when an applicant wants to file more than two continuation applications. The petition would require evidence that the amendment, argument, or evidence the applicant wants to enter was not already submitted during the prosecution of the prior-filed application.

Written by Lacy Kolo and Therese Finan

Click here to access the Tafas v. SmithKline Beecham Corp. decision.

ALERT: Greenhouse Gas Emissions Reporting Requirements For The Oil & Gas Industry

Wed, 25 Mar 2009 00:00:00 GMT

OIL & GAS ALERT: Proposed Texas Legislation

Tue, 24 Mar 2009 00:00:00 GMT

Patton Boggs Podcast - Week of March 23, 2009 (Audio)

Mon, 23 Mar 2009 00:00:00 GMT

Patton Boggs Techcomm Industry Update - Week of March 23, 2009

Mon, 23 Mar 2009 00:00:00 GMT

CAPITAL MARKETS TARP UPDATE: Public-Private Partnership Investment Program

Mon, 23 Mar 2009 00:00:00 GMT

The Myth That "Imported Oil" Is The Obstacle To America's Energy Independence

Fri, 20 Mar 2009 00:00:00 GMT

Hazard Complaint Investigations - Coal Age Magazine

Tue, 17 Mar 2009 00:00:00 GMT

Article written by John Austin and Brian Hendrix

Patton Boggs Podcast - Week of March 16, 2009 (Audio)

Mon, 16 Mar 2009 00:00:00 GMT

OIL & GAS ALERT: The Texas Supreme Court’s Decision in Wagner & Brown, Ltd. et al v. Sheppard

Mon, 16 Mar 2009 00:00:00 GMT

Julio and Sons vs Travelers Casuality

Fri, 13 Mar 2009 00:00:00 GMT

CAPITAL MARKETS TALF UPDATE: The Federal Reserve Bank of New York Updates TALF Terms and Conditions

Wed, 11 Mar 2009 00:00:00 GMT

Patton Boggs Techcomm Industry Update - Week of March 9, 2009

Mon, 09 Mar 2009 00:00:00 GMT

UPDATE: “Perspectives on Systemic Risk” Hearing Wraps Up - Collective Summary Notes of Hearing

Thu, 05 Mar 2009 00:00:00 GMT

CAPITAL MARKETS UPDATE: “Perspectives on Systemic Risk” Hearing Wraps Up - Collective Summary Notes of Hearing

Thu, 05 Mar 2009 00:00:00 GMT

ALERT: CRAMDOWN Revision -- Homeowner Affordability and Stability Plan

Wed, 04 Mar 2009 00:00:00 GMT

CAPITAL MARKETS ALERT: CRAMDOWN Revision -- Homeowner Affordability and Stability Plan

Wed, 04 Mar 2009 00:00:00 GMT

CAPITAL MARKETS ALERT: Senate Banking Committee Consumer Protections Hearing Recap

Tue, 03 Mar 2009 00:00:00 GMT

Patton Boggs Podcast - Week of March 2, 2009 (Audio)

Mon, 02 Mar 2009 00:00:00 GMT

Patton Boggs TechComm Industry Update - Week of March 2, 2009

Mon, 02 Mar 2009 00:00:00 GMT

Business Leasing and Finance News (BLFN) March-April Issue 82

Sun, 01 Mar 2009 00:00:00 GMT

BLFN AT A GLANCE

The lead article explores how the new stimulus law encourages development and financing of renewable energy resources. Given the new cash grant from the U.S. Treasury, the article focuses on wind power that qualifies for the cash grant. Our second article describes the lousy condition of the jet aircraft market, but makes clear that financing for business aircraft is still available despite the public criticism of private jets, unprecedented economic pressure, and bad optics on closing sales and financing. GE Capital and Bank of America join forces to address this topic. The third article provides a close look at the natural gas storage industry, which has nearly been paralyzed by the banking crisis and the recession, but still provides opportunities in acquisitions and divestitures. Finally, the fourth article, BLFN’s Finance 101, asks “What Is the Automatic Stay’ in Bankruptcy?” The automatic stay stops creditors in their tracks and is particularly important with the alarming rise of bankruptcies in the U.S.

1. Stimulus Cash Grants Hold Promise to Energize Wind Power Industry

2. Financing Opportunities Survive Heavy Turbulence in Business Aviation Markets

3. Need for Natural Gas Storage Rises as Banking Crisis Keeps Financiers on the Sideline

4. BLFN’s Finance 101: What is the “Automatic Stay” in Bankruptcy?

About Patton Boggs LLP; NEW>>PB Capital Resource Center; Publications and Radio Interview; Speeches

Formalizing Informality - Aggregates Manager

Sun, 01 Mar 2009 00:00:00 GMT

Written by Peter S. Gould

The Federal Judicial Center Releases A Study of the Role and Impact of Special Masters in Patent Cases

Sun, 01 Mar 2009 00:00:00 GMT

The Federal Judicial Center has just released a study, undertaken by two researchers from the University of Illinois at Urbana-Champaign, on the role and impact of special masters in patent cases. The analysis was based on 116 patent cases terminated in 2005 and 2006 that utilized special masters. Two of the report’s key conclusions were that: (1) special masters are most likely to be employed to oversee discovery or to conduct claim construction, and may preside over Markman hearings; and (2) the reports and recommendations produced by the special masters are nearly always adopted by the court, usually with no modification.

Click here to access the complete study.

IP UPDATE: Judiciary Committee Leaders Introduce Patent Reform Bills In The House And Senate

Sun, 01 Mar 2009 00:00:00 GMT

On March 3, leaders of the Judiciary Committees in the Senate and House of Representatives introduced S. 515 and H.R. 1260, the Patent Reform Act of 2009. Sponsors include Senators Patrick J. Leahy (D-Vt.) and Orrin G. Hatch (R-Utah), and Reps. Lamar S. Smith (R-Texas), and John Conyers Jr. (D-Mich.). Click here for copies of S. 515 and H.R. 1260.

The bills are based on legislation that was extensively debated but not passed last session. The 2009 bills, however, removed the requirement that all patent applications be published 18 months after they are filed as well as a provision for “Applicant Quality Submissions” of search data. In addition, neither the House nor Senate bills eliminate the best mode requirement, something that the previous House bill included. The bills also do not include any provisions relating to inequitable conduct. The statements of the Senate and House sponsors, however, indicated that inequitable conduct would be the subject of negotiations.

The provisions of the legislation include:

The U.S. would adopt the first-to-file rule, with patents being granted to applicants who are first to file applications rather than first to invent, as in the current system, subject to a prior user rights defense to earlier inventors. There are differences in the Senate and House bills relating to the timing of a transition to the
Interference proceedings would be ended. The legislation would create a “derivation proceeding” in which a later applicant could request that the PTO determine whether the earlier applicant derived the claimed invention from the applicant requesting the proceeding.
Third parties would be able to submit to the PTO any patent, published application or other potential relevant publication relevant to examination. A submission would have to be made within six months from the publication of the application.
Inter Partes Reexamination proceedings would be modified and heard by an administrative law judge. An oral hearing may be required at the request of any party.
A post-grant review process would be added, allowing a petitioner to seek cancellation of any claim of an issued patent as unpatentable. A petition could only be filed within 12 months from issuance or reissuance of the patent or if the patentee consents.
The venue provisions for patent infringement cases would be limited and standards for transfer of cases would be codified.
District Court Markman rulings would be subject to immediate interlocutory appeals to the Federal Circuit.
The legislation sets forth standards for calculating reasonable royalty damages for infringement. The District Court, not the jury, would decide (a) whether damages could be awarded under the “entire market value” rule or (b) whether there was an established royalty based on marketplace licensing. If the Court determined that the showings required under (a) or (b) could not be made, the Court would be required to conduct an analysis to ensure that a reasonable royalty is applied only to the economic value of the invention’s specific contribution over the prior art.
To show willful infringement, the bills would require proof by clear and convincing evidence that the alleged infringer acted with “objective recklessness”, essentially codifying the Federal Circuit decision in In re Seagate Technology LLC, 497 F.3d 1360 (Fed. Cir. 2007) (en banc). Willful infringement may not be pled by the patentee until after the Court determines that the patent-in-suit has been infringed and is not invalid or unenforceable. The Senate bill provides that the willfulness determination will be made by the Court and not a jury; this provision is not included in the House version.

The Senate Judiciary Committee held the first hearing on the legislation on March 10. http://judiciary.senate.gov/hearings/hearing.cfm?id=3701.

For more information, contact Sue Statz.

Federal Circuit Publishes Detailed Fiscal Year 2008 Statistics

Sun, 01 Mar 2009 00:00:00 GMT

Wed, 25 Feb 2009 00:00:00 GMT

Expectations and Strategies for a New Era in Mine Safety - Coal Age Magazine

ALERT: House Passes TARP Reform Bill

Wed, 21 Jan 2009 00:00:00 GMT

CAPITAL MARKETS ALERT: House Passes TARP Reform Bill

Wed, 21 Jan 2009 00:00:00 GMT

January 21, 2009 - ALERT - Kirsten Wegner - Today, the House voted to pass Chairman Frank's bill (H.R. 384) to reform the TARP program. Patton Boggs has prepared a summary of the bill.

Patton Boggs TechComm Industry Update - Week of January 21, 2009

Wed, 21 Jan 2009 00:00:00 GMT

Patton Boggs Podcast - Week of January 23, 2009 (Audio)

Wed, 21 Jan 2009 00:00:00 GMT

Patton Boggs Podcast - Week of January 19, 2009 (Audio)

Mon, 19 Jan 2009 00:00:00 GMT

CLIENT ALERT: Contracting Provisions of the House American Recovery and Reinvestment Act

Fri, 16 Jan 2009 00:00:00 GMT

CAPITAL MARKETS ALERT: U.S. Treasury's Capital Purchase Plan FOR SUBCHAPTER S CORPORATIONS

Thu, 15 Jan 2009 00:00:00 GMT

January 15, 2009 - ALERT - To Our Clients and Friends: Last night, the U.S. Treasury finally put out on its website materials with respect to the U.S. Government's program to permit qualifying financial institutions that have made a valid election to be taxed under Subchapter S of the Internal Revenue Code ("S-Corps") to participate in the Government's Capital Purchase Program ("CPP"). (Both the term sheet and a Q&A with respect to S-Corp participation in the CPP are attached at the end of this email.)

ALERT: U.S. Treasury's Capital Purchase Plan FOR SUBCHAPTER S CORPORATIONS

Thu, 15 Jan 2009 00:00:00 GMT

CAPITAL MARKETS ALERT: U.S. Treasury's Capital Purchase Plan FOR SUBCHAPTER S CORPORATIONS

Thu, 15 Jan 2009 00:00:00 GMT

ALERT: Summary of TARP Reform and Accountability Act of 2009 (H.R. 384)

Wed, 14 Jan 2009 00:00:00 GMT

ALERT: Important Amendment to Iranian Transactions Regulations

Tue, 13 Jan 2009 00:00:00 GMT

2009 Inauguration Mobile App Launched By Patton Boggs and Qorvis

Tue, 13 Jan 2009 00:00:00 GMT

Patton Boggs Alleges Belarus Tortured American Lawyer

Mon, 12 Jan 2009 00:00:00 GMT

CAPITAL MARKETS ALERT: Financial Services Chair Introduces TARP Reform and Accountability Legislation

Fri, 09 Jan 2009 00:00:00 GMT

January 9, 2009 - ALERT - Kristen Wegner - Financial Services Committee Chair Barney Frank this week released a letter to colleagues announcing his possible plans to draft legislation that would attach conditions to the next draw-down of $350 billion funds for Treasury.

Patton Boggs LLP Files United Nations Complaint Against Belarus: Defense of American Lawyer in KGB Prison

Tue, 06 Jan 2009 00:00:00 GMT

CAPITAL MARKETS ALERT: President-Elect Obama Economic Plan Outline

Tue, 06 Jan 2009 00:00:00 GMT

January 6, 2009 - ALERT - The Obama-Biden Plan

Patton Boggs Podcast - Week of January 5, 2009 (Audio)

Mon, 05 Jan 2009 00:00:00 GMT

CAPITAL MARKETS ALERT: Treasury Releases Emergency Economic Stabilization Report

Fri, 02 Jan 2009 00:00:00 GMT

January 2, 2009 - ALERT - EESA Section 102 report on asset guaranty program released by Treasury

CAPITAL MARKETS ALERT: Treasury Releases Guidelines for Targeted Investment Program

Fri, 02 Jan 2009 00:00:00 GMT

January 2, 2009 - ALERT - Guidelines for Targeted Investment Program

Business Leasing and Finance News (BLFN) January-February Issue 81

Thu, 01 Jan 2009 00:00:00 GMT

BLFN AT A GLANCE

We face extraordinary times at this publication date, a time of unparalleled challenges in the economy and in the equipment finance business. The lead article, which is more in depth than any other lead article in all of the prior 80 issues of this newsletter, demonstrates why we cannot rely on old paradigms for doing business, coping with defaults and bankruptcies, and doing finance deals “lite” under the weight of an economy in crisis. Our second article lists the 10 top actions debtors should take to avoid or at least to prepare for a default on their financing transactions. The article suggests that, in today’s economy, debtors must take responsibility to promptly communicate with financiers to manage through potential defaults before they happen. The third article describes the unsteady state of the economy and how financiers can predict a debtor’s default. Finally, the fourth article, BLFN’s Finance 101, asks “What is the ‘Force Majeure’?” Donald Trump applied this concept to the economic crisis as a reason to delay payments on a construction loan to build Trump’s Chicago skyscraper.

1. Deepening Recession Shatters Old Paradigms for Financing Distressed Debtors

2. Top 10 Actions Debtors Should Take Before a Default Occurs

3. Can Financiers Use Economic Factors to Predict a Debtor’s Default?

4. Finance 101: What is a “‘Force Majeure Event?’”

About Patton Boggs LLP (PB); PB Capital Resource Center; Publications; Business Aviation Pane

Patton Boggs Podcast - Week of December 29, 2008 (Audio)

Mon, 29 Dec 2008 00:00:00 GMT

MSHA's Monster—Pattern of Violations - Coal Age

Thu, 25 Dec 2008 00:00:00 GMT

Patton Boggs Defeats Travelers In Policy Dispute

Tue, 23 Dec 2008 00:00:00 GMT

Patton Boggs LLP Elects Ten to Partnership for 2009

Mon, 22 Dec 2008 00:00:00 GMT

OIL AND GAS ALERT: COPAS Audits and AG-19

Fri, 19 Dec 2008 00:00:00 GMT

CAPITAL MARKETS CLIENT ALERT: Treasury Releases Term Sheet for Automotive Plan

Fri, 19 Dec 2008 00:00:00 GMT

December 19, 2008 - CLIENT ALERT - On December 19, 2008, President Bush announced a $13.4 billion loan plan to help struggling General Motors (GM) and Chrysler.

CLIENT ALERT: Overview of TALF Program

Fri, 19 Dec 2008 00:00:00 GMT

Patton Boggs TechComm Industry Update - Week of December 19, 2008

Fri, 19 Dec 2008 00:00:00 GMT

Veteran Litigator Christina Guerola Sarchio Joins Patton Boggs

Wed, 17 Dec 2008 00:00:00 GMT

Patton Boggs Podcast - Week of December 15, 2008 (Audio)

Tue, 16 Dec 2008 00:00:00 GMT

The Government Contractor Defense: The Devil Is in the Details

Mon, 15 Dec 2008 00:00:00 GMT

Fri, 05 Dec 2008 00:00:00 GMT

Patton Boggs Doha Office Moves to New, Larger Office Space

Wed, 03 Dec 2008 00:00:00 GMT

CAPITAL MARKETS CLIENT ALERT: Overview of TALF Program

Wed, 03 Dec 2008 00:00:00 GMT

December 3, 2008 - ALERT - On November 25, 2008, the Board of Governors of the Federal Reserve System (“Board”) and the U.S. Treasury jointly announced plans to create a $200 billion Term Asset Backed Securities Loan Facility (“TALF”).

Ex parte Yamaguchi (BPAI 2008)

Mon, 01 Dec 2008 00:00:00 GMT

A Provisional Application Can be Prior Art within the Meaning of §102(e).

Oren Tavory v. NTP (Fed. Cir. 2008)

Mon, 01 Dec 2008 00:00:00 GMT

Inventorship Requires “More Than The Exercise of Ordinary Skill.”

In re TS Tech USA Corp. (Fed. Cir. 2008)

Patton Boggs TechComm Industry Update - Week of September 29, 2008

Mon, 29 Sep 2008 00:00:00 GMT

CAPITAL MARKETS ALERT: The Future Direction of TARP and the Obama Administration Financial Crisis Action Plan

Patton Boggs Podcast - Week of July 7, 2008 (Audio)

Mon, 07 Jul 2008 00:00:00 GMT

Business Leasing and Finance News (BLFN) July-August 2008 Issue 78

Tue, 01 Jul 2008 00:00:00 GMT

The lead article describes how Texas, as the largest producer of wind power in the U.S., continues to welcome the addition of wind energy and transmission capacity in Texas. The second article touches on the topic of FAA registration procedures that may revoke ineffective or improper registrations of aircraft. The third article provides a glimpse of emerging environmental and energy efficiency standards in commercial real estate development. Finally, the fourth article, BLFN’s Leasing 101, asks, “What is the IASB?” This accounting authority is collaborating with FASB to converge their respective accounting standards.

1. Wind Energy Development Is a Breeze in Texas

2. FAA Registration Proposal Fosters Compliance Anxiety

3. Green Buildings: Why Taking the “LEED” Matters for Real Estate

4. BLFN’s Leasing 101: What Is the “IASB”?

About Patton Boggs LLP

Risk Allocation - Driving Force Behind the M&A Process

Mon, 30 Jun 2008 00:00:00 GMT

Patton Boggs Podcast - Week of June 30, 2008 (Audio)

Mon, 30 Jun 2008 00:00:00 GMT

Katie Whelan Joins Patton Boggs LLP

Mon, 30 Jun 2008 00:00:00 GMT

Penalty Assessments, Good Faith, and Financial Relief- Coal Age Magazine

Thu, 26 Jun 2008 00:00:00 GMT

Patton Boggs Podcast - Week of June 23, 2008 (Audio)

Mon, 23 Jun 2008 00:00:00 GMT

Capital Thinking Magazine - Spring/Summer Issue

Sat, 21 Jun 2008 00:00:00 GMT

Peter Smedresman Joins Patton Boggs’ Banking and Corporate Finance Practice in New York

Wed, 18 Jun 2008 00:00:00 GMT

Multi-Disciplinary Practice Group Assists Financial Institutions’ Management of Credit Quality, Liquidity, Capital, Regulatory, Litigation, And Enforcement Problems

Wed, 18 Jun 2008 00:00:00 GMT

Allison Engine Decision

Fri, 13 Jun 2008 00:00:00 GMT

The Supreme Court’s Allison Engine Decision Has Potentially Far-Reaching Implications for False Claims Act Liability In Health Care Cases

Fri, 13 Jun 2008 00:00:00 GMT

Patton Boggs LLP Receives Numerous Top Rankings in Chambers USA Survey

Thu, 12 Jun 2008 00:00:00 GMT

Managing Contractor Risks- Aggregates Manager

Wed, 11 Jun 2008 00:00:00 GMT

Doing Business In Qatar

Thu, 05 Jun 2008 00:00:00 GMT

Patton Boggs Lawyer Authors New Book on Credit Crisis

Wed, 04 Jun 2008 00:00:00 GMT

Recent SEC Developments & Smaller Reporting Companies

Sun, 01 Jun 2008 00:00:00 GMT

Expedited Proceedings: Getting on the Fast Track to Court - Coal Age Magazine

Sat, 31 May 2008 00:00:00 GMT

Not A Drop Unregulated

Mon, 26 May 2008 00:00:00 GMT

The Global Expansion of Sovereign Wealth Funds

Tue, 20 May 2008 00:00:00 GMT

ALERT: Trademark Updates - New Developments at the U.S. Patent & Trademark Office

Thu, 15 May 2008 00:00:00 GMT

HEALTH CARE ALERT: U.S. District Court for the District of Hawaii Grants Summary Judgment and Dismisses False Claims Action Against Hawaii Pacific Health

Thu, 15 May 2008 00:00:00 GMT

Are You Covered? - Aggregates Manager

Sun, 11 May 2008 00:00:00 GMT

Renowned Global Business Lawyer Hussein Damirji Joins Patton Boggs’ Doha Office

Mon, 05 May 2008 00:00:00 GMT

Former Department of Justice (DOJ) Prosecutor Todd Harrison Joins Patton Boggs in New York Office

Mon, 05 May 2008 00:00:00 GMT

INSIGHTS - Safety & Health and Crisis Management Newsletter

Thu, 01 May 2008 00:00:00 GMT

Update on Islamic Finance

Thu, 01 May 2008 00:00:00 GMT

HOMELAND SECURITY ALERT: Committee on Foreign Investment in the United States (CFIUS)

Thu, 24 Apr 2008 00:00:00 GMT

OIL & GAS ALERT: Texas Supreme Court Affirms Decision Rejecting Speculative Expert Testimony

Thu, 24 Apr 2008 00:00:00 GMT

Patton Boggs 2008 Social Responsibility Report

Mon, 21 Apr 2008 00:00:00 GMT

Patton Boggs LLP Named 2008 Top 100 Law Firm for Diversity by MultiCultural Law Magazine

Thu, 10 Apr 2008 00:00:00 GMT

Shouldering the Load: The Commission's Use of Settlement Judges to Manage its Increasingly Heavy Docket - Coal Age Magazine

Tue, 08 Apr 2008 00:00:00 GMT

Predictions Prove Accurate - Aggregates Manager

Tue, 01 Apr 2008 00:00:00 GMT

OIL & GAS ALERT: COPAS Overhead Adjustment Factors

Tue, 01 Apr 2008 00:00:00 GMT

Senators Breaux and Lott Named Special Public Policy Advisors to Patton Boggs

Mon, 31 Mar 2008 00:00:00 GMT

Winds Of Climate Change Make Integrated Management And Design Essential

Thu, 27 Mar 2008 00:00:00 GMT

Two Accomplished Litigators Join Patton Boggs Growing Office Adds to Firm’s Presence in New York

Mon, 24 Mar 2008 00:00:00 GMT

Qatar University Law Students Visit Patton Boggs Doha Office

Sun, 23 Mar 2008 00:00:00 GMT

Patton Boggs LLP and Core Security Technologies Announce Partnership to Facilitate Adoption of Penetration Testing

Fri, 21 Mar 2008 00:00:00 GMT

Lobbying is an Honorable Profession: The Right to Petition and the Competition to be Right

Mon, 17 Mar 2008 00:00:00 GMT

One Big Happy Portfolio

Fri, 14 Mar 2008 00:00:00 GMT

Rail Transload Industry Need Consistent Regulation: State regs must ensure safety without deterring development of in-state transload capacity

Thu, 28 Feb 2008 00:00:00 GMT

OIL & GAS ALERT: You Sold Your Interest in the Contract Area. Are You Still Liable?

Tue, 26 Feb 2008 00:00:00 GMT

A Bitter PIL - Coal Age Magazine

Wed, 06 Feb 2008 00:00:00 GMT

Patton Boggs Files Lawsuit on Behalf of Families Scammed in $250 million Ponzi Scheme

Tue, 05 Feb 2008 00:00:00 GMT

Applying Proven Procurement Methods to Create Durable Markets for US Public Infrastructure Projects

Tue, 05 Feb 2008 00:00:00 GMT

Patton Boggs Expands Footprint in New York with New 6th Avenue Office

Mon, 04 Feb 2008 00:00:00 GMT

Sonia Barber Named Partner in Patton Boggs’ Doha Office

Sun, 03 Feb 2008 00:00:00 GMT

Who Gets What? Make sure you know the training requirements for non-employee individuals on your site - Aggregates Manager

Sat, 02 Feb 2008 00:00:00 GMT

POWER UP - Patton Boggs Summer Associate Program Brochure

Fri, 01 Feb 2008 00:00:00 GMT

Worker's Comp 101 - Aggregates Manager

Fri, 01 Feb 2008 00:00:00 GMT

Hearing on Pending Motions - IBSA, NMA, et al v. ACGIH and DOL

Tue, 29 Jan 2008 00:00:00 GMT

ENERGY ALERT: Climate Change Legislation in the 110th Congress - “If you’re not at the table, you’re on the menu.”

Wed, 16 Jan 2008 00:00:00 GMT

Patton Boggs Hosts Chinese Lawyers To Discuss U.S. Legal Customs

Wed, 16 Jan 2008 00:00:00 GMT

Patton Boggs LLP Elects Ten to Partnership for 2008

Wed, 02 Jan 2008 00:00:00 GMT

The Letter of Intent-Unappreciated Roadmap to a Successful Transaction - Coal Age Magazine

Tue, 01 Jan 2008 00:00:00 GMT

The Dirty Dozen in 15 Minutes or Less - Aggregates Manager

KSR International Co. v. Teleflex Inc. (Sup. Ct. 2007)

Two Leading Intellectual Property Patent Litigators Join Patton Boggs LLP

Thu, 16 Aug 2007 00:00:00 GMT

BUSINESS LAW ALERT: SEC Publishes Final Antifraud Rule Applicable to Investment Advisers

Wed, 15 Aug 2007 00:00:00 GMT

Patton Boggs LLP Named One of the 2007 BEST LAW FIRMS FOR WOMEN by Working Mother Magazine

Tue, 14 Aug 2007 00:00:00 GMT

Thu, 09 Aug 2007 00:00:00 GMT

BUSINESS LAW ALERT: Guidance to Private Equity Firms on Negotiation of Management Compensation and Standstill Agreements with Potential Target Companies

Wed, 08 Aug 2007 00:00:00 GMT

Patton Boggs LLP Partner DeMaurice Smith Named One of “The Top Fifteen Black White-Collar Criminal Defense Attorneys” by Corporate Crime Reporter

Wed, 08 Aug 2007 00:00:00 GMT

Congress Completes Action on Lobby and Gift Reform [Memorandum]

Mon, 06 Aug 2007 00:00:00 GMT

Patton Boggs LLP Guides Benitec to Victory in Biotech Patent Law Infringement Suit

Fri, 27 Jul 2007 00:00:00 GMT

Patton Boggs LLP Honors Colleagues for Outstanding Pro Bono Achievements

Thu, 26 Jul 2007 00:00:00 GMT

Patton Boggs Attorney Stephen Molina Selected International Committee Chair of the Interstate Oil and Gas Compact Commission (IOGCC)

Thu, 26 Jul 2007 00:00:00 GMT

A Guide to the Civilian Board of Contract Appeals

Mon, 23 Jul 2007 00:00:00 GMT

Time to Pay the Piper - Aggregates Manager

Thu, 19 Jul 2007 00:00:00 GMT

Ambassador Donald Ensenat Joins Patton Boggs LLP

Thu, 19 Jul 2007 00:00:00 GMT

Patton Boggs LLP Congratulates BAX Global GC Terry Groff on Global Counsel Award

Thu, 05 Jul 2007 00:00:00 GMT

SECURITIES LAW ALERT: SEC Proposes Rules to Modernize the Capital Raising and Disclosure Requirements of Smaller Companies

Sun, 01 Jul 2007 00:00:00 GMT

Patton Boggs LLP Names Mary Kimber Chief Marketing Officer

Wed, 27 Jun 2007 00:00:00 GMT

Patton Boggs Anchorage Office Honored With Top Rankings in Chambers USA Survey

Wed, 27 Jun 2007 00:00:00 GMT

ANTITRUST ALERT: Rules for Monopolists Debated at American Antitrust Institute Annual Conference at National Press Club in Washington, D.C.

Fri, 22 Jun 2007 00:00:00 GMT

Judge Orders Enron To Disgorge $1.6 Billion in Profits: Patton Boggs LLP Team Prevails at FERC Hearing

Fri, 22 Jun 2007 00:00:00 GMT

Patton Boggs LLP Receives Numerous Top Rankings in Chambers USA Survey

Thu, 21 Jun 2007 00:00:00 GMT

Former House Energy & Commerce Committee GC Michael Bloomquist Re-Joins Patton Boggs LLP

Mon, 18 Jun 2007 00:00:00 GMT

THE VAULT RANKS PATTON BOGGS TOP QUALITY OF LIFE – PRO BONO FIRM FOR SECOND CONSECUTIVE YEAR

Thu, 14 Jun 2007 00:00:00 GMT

Patton Boggs Attorneys Persuade District Court in Hawaii to Construe 9th Circuit Hendow Decision Narrowly

Mon, 11 Jun 2007 00:00:00 GMT

Patton Boggs LLP Receives Prestigious Legal Writing and Publishing Awards

Wed, 06 Jun 2007 00:00:00 GMT

Walter Featherly Named Managing Partner of Patton Boggs Anchorage Office: Attorneys Rebecca Copeland and Teresa Ridle Promoted To Of Counsel

Wed, 06 Jun 2007 00:00:00 GMT

Patton Boggs LLP Hires Former Coca-Cola Senior Counsel Christopher Hagenbush

Wed, 06 Jun 2007 00:00:00 GMT

New House-Passed Lobbying Reform Legislation and Gift Rule Changes

Sun, 03 Jun 2007 00:00:00 GMT

SECURITIES ALERT: SEC Proposes Rules to Modernize the Capital Raising and Disclosure Requirements of Smaller Companies

Fri, 01 Jun 2007 00:00:00 GMT

Calling in the Cavalry - Aggregates Manager

Fri, 01 Jun 2007 00:00:00 GMT

Executive Fiat - A Politically Useful Tool That Threatens Due Process of Law - Coal Age Magazine

Fri, 01 Jun 2007 00:00:00 GMT

Funding Corporate Strategies through Islamic Finance

Wed, 30 May 2007 00:00:00 GMT

Middle East Contracting Newsletter - May 2006

Wed, 23 May 2007 00:00:00 GMT

AIM RULE 26 AND ITS CONFLICT WITH U.S. SECURITIES LAW

Tue, 22 May 2007 00:00:00 GMT

Patton Boggs Lodie White Appointed to Board of Directors of the Foundation of the Energy Law Journal

Mon, 21 May 2007 00:00:00 GMT

Patton Boggs IP Trademarks Web Site

Thu, 17 May 2007 00:00:00 GMT

One Firm, One Community - 2006 Annual Review

Thu, 17 May 2007 00:00:00 GMT

Litigation Achievements - 2006 Edition

Wed, 16 May 2007 00:00:00 GMT

Choice of Forum for Government Contract Claims: Court of Federal Claims vs. Board of Contract Appeals

Fri, 11 May 2007 00:00:00 GMT

ALERT: Patton Boggs Secures Summary Judgment For Medical Clinic Accused of Fraud In Connection With Medicare “Incident To” Rules

Mon, 07 May 2007 00:00:00 GMT

Former House Financial Services Committee Senior Counsel Todd L. Cranford Joins Patton Boggs LLP

Wed, 02 May 2007 00:00:00 GMT

Discrimination Elimination - Aggregates Manager

Tue, 01 May 2007 00:00:00 GMT

Managed Service Providers Use Innovative Capital Structures to Fund Capex

Tue, 01 May 2007 00:00:00 GMT

The Miner Act and Immediate Notification - Coal Age Magazine

Tue, 01 May 2007 00:00:00 GMT

ALERT: OSHA REFORM LEGISLATION INTRODUCED

Mon, 30 Apr 2007 00:00:00 GMT

ALERT: PORTLAND CEMENT USE AT CONSTRUCTION SITES WILL BE INSPECTED FOR HEXAVALENT CHROMIUM

Fri, 27 Apr 2007 00:00:00 GMT

ALERT: CONGRESS TO FOLLOW ON OSHA, HEARING HELD

Fri, 27 Apr 2007 00:00:00 GMT

ALERT: CHEMICAL FACILITY SECURITY REGULATIONS TIGHTEN

Wed, 11 Apr 2007 00:00:00 GMT

Do Subcontractors' Have A Stake In The Recent Skirmishes Over OSHA's Multi-Employer Citation Policy?

Wed, 11 Apr 2007 00:00:00 GMT

Moving as Fast as Possible: CapitalSource Finance LLC and Patton Boggs LLP

Tue, 03 Apr 2007 00:00:00 GMT

Doha Brochure

Sun, 01 Apr 2007 00:00:00 GMT

The New MSHA and Darcy's Law - Coal Age

Sun, 01 Apr 2007 00:00:00 GMT

Monster Guards - Aggregates Manager

Sun, 01 Apr 2007 00:00:00 GMT

National Journal's Leaders of the Pack

Sat, 31 Mar 2007 00:00:00 GMT

Curing The Funding Ills at FDA

Tue, 27 Mar 2007 00:00:00 GMT

International Outsourcing and Compliance Growth: Painful Education?

Mon, 26 Mar 2007 00:00:00 GMT

Financing Healthcare Providers and Government Contractors - Understanding and Dealing with the Government as Primary Payor, Account Debtor and Regulator

Mon, 26 Mar 2007 00:00:00 GMT

ALERT: MSHA Civil Penalties Final Rule

Fri, 23 Mar 2007 00:00:00 GMT

Veteran Trial Lawyer Patrick McManemin Joins Patton Boggs LLP

Thu, 22 Mar 2007 00:00:00 GMT

Former U. S. Congressman Chris Bell (D-TX) Joins Patton Boggs LLP

Mon, 19 Mar 2007 00:00:00 GMT

Shariah Finance (Arabic version)

Sun, 18 Mar 2007 00:00:00 GMT

Noted Real Estate Finance Specialist Allan B. Goldstein Joins Patton Boggs LLP

Mon, 12 Mar 2007 00:00:00 GMT

When Congress Comes Knocking...

Thu, 08 Mar 2007 00:00:00 GMT

“Incentive Trusts Help Perpetuate Family Values”

Thu, 08 Mar 2007 00:00:00 GMT

ALERT: Congress Focuses on MSHA

Tue, 06 Mar 2007 00:00:00 GMT

Understanding Shari'ah Finance (English Version)

Thu, 01 Mar 2007 00:00:00 GMT

Regulatory Oversight - Aggregates Manager

Thu, 01 Mar 2007 00:00:00 GMT