http://www.crowell.com/Global/RSS.aspxThe latest Events, Press Releases, Publications, and Newsletters from Crowell & Moring. You wish to assimilate in little time the labor law basic rules? You want to have a command of the fundamental rules in order to avoid the tricks at the moment of hiring, business occupation and discharge of the staff? You wish to have a global insight of the main regulations? You want to learn to apply those regulations in your daily practice? Target-group Head of HR and their associates Head of wages administration and their associates SMEs managers Executive secretaries Persons in charge of hiring and discharge of staff Results No previous knowledge required - The main labor law parts will be explained from A to Z. Quick and detailed - Two intensive days to reply to the most common questions. Practical approach - Advices immediately applicable Active and interactive - Listen, ask questions and get an answer right away Emmanuel Plasschaert will speak on the following topic: ...http://www.crowell.com/NewsEvents/Event.aspx?id=111210/25/2011 12:00:00 AM You wish to assimilate in little time the labor law basic rules? You want to have a command of the fundamental rules in order to avoid the tricks at the moment of hiring, business occupation and discharge of the staff? You wish to have a global insight of the main regulations? You want to learn to apply those regulations in your daily practice? Target-group Head of HR and their associates Head of wages administration and their associates SMEs managers Executive secretaries Persons in charge of hiring and discharge of staff Results No previous knowledge required - The main labor law parts will be explained from A to Z. Quick and detailed - Two intensive days to reply to the most common questions. Practical approach - Advices immediately applicable Active and interactive - Listen, ask questions and get an answer right away Emmanuel Plasschaert will speak on the following topic: ...http://www.crowell.com/NewsEvents/Event.aspx?id=11093/24/2011 12:00:00 AMA unique, advanced course for contract professionals. Many Institute graduates return each year to stay on top of the latest developments in Government Contracting. The foundation of the Institute is its exceptional faculty - five professionals who are yours for five days. These individuals will not "teach" you government procurement. Rather, they will take you beyond, delving into areas which have not been fully explored; considering problems to which there may be no immediate, definite answers; proposing strategies that can directly affect your activities. The Institute is specifically designed for government contract professionals who are already well experienced in procurement. Each day will be spent in a variety of ways: Lectures, case studies, illustrative examples, group discussions, individual questioning, and considering questions on any procurement subject - not only on matters scheduled to be raised that day. In addition, Institute attendees will receive several manuals of original materials prepared by ...http://www.crowell.com/NewsEvents/Event.aspx?id=102512/6/2010 12:00:00 AMA special two-day program for contract managers, personnel professionals, legal counsel, project managers, financial personnel, and compliance officials covering: The applicable labor requirements - from wage rates and fringe benefits to health plans and overtime issues. When they are applied. How they are enforced. Efficiently incorporating them into your contract activities. This special two-day program will teach you what the Service Contract Act's labor requirements are, when they are applicable, and how to efficiently incorporate them into your daily contracting activities. The special Course Curriculum has been designed to offer maximum benefits to personnel professionals, contract managers, legal counsel, project managers, and others who are involved with a contract's labor requirements. Further, the course offers practical guidance on your rights, options and remedies. Amy O'Sullivan is participating in this program. http://www.crowell.com/NewsEvents/Event.aspx?id=99711/17/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=192211/17/2010 12:00:00 AMAs developed by Federal Publications, the course is intended to serve all those, in both Government and industry, who have any connection with pricing matters. It takes you through all phases of the subject . . . and a little bit beyond, into areas of innovative theory and practice. For 11 classroom hours, you will be instructed — by a Course Faculty of distinction — in rules, interpretations, techniques, practical application...and probabilities. They will be 11 hours of work. But — as attested to by those who attended previous sessions — they will be 11 hours of reward. Kent Morrison and David Bodenheimer will be conducting this seminar. http://www.crowell.com/NewsEvents/Event.aspx?id=99810/23/2010 12:00:00 AMAs more and more companies look to alternative fee arrangements as a cost-saving measure, it has become increasingly important for in-house and outside counsel to understand the intricacies and potential pitfalls of these new fee structures. While alternative fee arrangements can play an integral part in efforts to reduce legal costs, in order to maximize their usefulness and minimize their risks it is imperative that the agreements underlying them be given careful consideration. Participants in this interactive Master Class will come away with the knowledge and strategies that they need to negotiate and draft effective alternative fee arrangements. Robert Lipstein is on the faculty. He will be presenting at a Post-Conference Master Class and the topic is "Negotiating and Drafting Effective Alternative Fee Arrangements." http://www.crowell.com/NewsEvents/Event.aspx?id=118210/21/2010 12:00:00 AMObjective Whether you are a worker, employer, member of the union delegation or advice on this, this study day will answer any questions you have, in a clear and thorough. This practical course aims to optimize the social dialogue at company level by responding to questions from the field: Should we elect or appoint members of the Trade Union Delegation (DS)? What does the protection of members and alternates of the DS? Emmanuel Plasschaert is speaking at this event. http://www.crowell.com/NewsEvents/Event.aspx?id=111010/21/2010 12:00:00 AMNow entering its tenth year, the Trigild Lender Conference has consistently drawn key players in the commercial loan servicing industry. Spanning three days, the event features expert panelists who specialize in all areas commercial loan recovery – and tackle tough topics such as workouts of complex deal structures, foreclosure, receivership, insurance issues, and bankruptcy, examining how these issues impact non-performing loans. The conference is designed to inform and enlighten attendees with highly valuable, timely and thought provoking information. William O'Connor is speaking and Crowell & Moring is a sponsor of this event. http://www.crowell.com/NewsEvents/Event.aspx?id=116610/20/2010 12:00:00 AMAmerican Conference Institute’s 3rd Advanced Forum on Government Contracting Ethics and Compliance features once again an exceptional faculty of senior government, industry and legal professionals. They will analyze the latest regulatory requirements and provide the critical and practical insights you need to effectively incorporate new contractor ethics rules into your existing ethics compliance program and win those lucrative contracts. Topics will include: Certifying compliance with FAPIIS requirements for bids and proposals How the FCA is being used to enforce Anti-Kickback violations Preventing and mitigating OCIs and PCIs Complying with new restrictions on hiring former government employees Preparing for and responding to DCAA audits Designing secure networks in line with DoD’s latest IA requirements Angela Styles is one of the co-chairs of this event. She will also be speaking on the topic of "Meeting Federal Awardee Performance and Integrity Information System Requirements." http://www.crowell.com/NewsEvents/Event.aspx?id=118910/20/2010 12:00:00 AMThe purpose of this seminar is to bring an update on the Internet. Flip Petillion will speak on alternative dispute resolution for IT and IP. http://www.crowell.com/NewsEvents/Event.aspx?id=112910/14/2010 12:00:00 AMA comprehensive course in Government contract requirements with key instruction by specialists in accounting and law. Now required for both Defense and Civilian agencies. Includes coverage of new developments and any prospective implications of the Pension Protection Act of 2006. Terry Albertson will speak on Day 2 of this seminar on the topic of "Compensation of Personnel." http://www.crowell.com/NewsEvents/Event.aspx?id=99510/14/2010 12:00:00 AM You wish to assimilate in little time the labor law basic rules? You want to have a command of the fundamental rules in order to avoid the tricks at the moment of hiring, business occupation and discharge of the staff? You wish to have a global insight of the main regulations? You want to learn to apply those regulations in your daily practice? Target-group Head of HR and their associates Head of wages administration and their associates SMEs managers Executive secretaries Persons in charge of hiring and discharge of staff Results No previous knowledge required - The main labor law parts will be explained from A to Z. Quick and detailed - Two intensive days to reply to the most common questions. Practical approach - Advices immediately applicable Active and interactive - Listen, ask questions and get an answer right away Emmanuel Plasschaert will speak on the following topic: ...http://www.crowell.com/NewsEvents/Event.aspx?id=110810/12/2010 12:00:00 AMThis conference is presented by HB Litigation Conferences. Topics Will Include: How the Trusts Operate, and the Intersection Between 524(g) and the Tort System The Wall Street Viewpoint: Investing in Companies with Asbestos Liabilities Pre-Packs – Are They Still Viable? Addressing Asbestos Claims Without a 524(g) Trust A Post-Mortem of the WR Grace Estimation Trial The Changing Politics of Asbestos Bankruptcies The Intervention of Non-Debtor Co-Defendants The Impact of the Latest 2nd Circuit Decision in Johns-Manville Weighted Voting Can an FCR Provide Due Process to Future Claimants Without a 524(g) Trust? Paul Kalish is the moderator of the topic "The Intersection Between 524g and the Tort System." Mark Plevin is one of the speakers on the topic entitled "Pre-packaged Bankruptcies – Are They Still Viable?" http://www.crowell.com/NewsEvents/Event.aspx?id=117110/6/2010 12:00:00 AMThe International Bar Association’s Annual Conference is the premier opportunity for legal professionals the world over to meet, share experiences, develop business and learn from one another. This year's keynote speaker is Bob Woodward. Jack Thomas is speaking at a joint session with the Asia Pacific Regional Forum on the subject of "When a sale of goods goes south: freezing orders, cancellation of contract, damages, business interruption." http://www.crowell.com/NewsEvents/Event.aspx?id=117710/3/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles182210/1/2010 12:00:00 AMNRTA's Annual Conference program is focused on the commercial real estate lease challenges and the effective lease administration best practices that will help you maximize your ability to control occupancy costs and build company profits in this recession-strained economy. Greg Call and Jennifer Romano will address the following topics: Co-Tenancy Rights and Remedies Anticipating Litigation with Lease Provisions Workshop: Goals, Strategies and Tactics in Lease Disputes from Audit to Litigation Barbara Champoux and Tracy Reichmuth will also attend this event. Click for the event brochure [PDF] In addition, Crowell & Moring is sponsoring a cocktail reception surrounding the conference. This event will take place on September 28th from 5:00pm-7:00pm at Morton's The Steakhouse in Anaheim. Click for the Save-the-Date Cocktail Reception[PDF] http://www.crowell.com/NewsEvents/Event.aspx?id=11539/26/2010 12:00:00 AMHB Litigation Conferences presents "OFAC and Regulation of International Business – Important Considerations for Insurance and Reinsurance." Topics will include: International Economic Sanctions Can You Avoid the Pitfalls of FCPA Exposure? Navigating Antitrust Law Privacy Laws and Data Protection Considerations Comparative Perspectives on International Markets: Bermuda, Latin America, Middle East Canada’s Regulation and Insurance/Reinsurance – What You Need to Know Cross-Border Solvency and Tax Regulation William O'Neill and Jeffrey Snyder are two of the conference chairs. Mr. Snyder will also speak about "International Economic Sanctions." Alan Gourley is speaking on the subject of "Anti-Corruption Laws Around the World - A Selective Guide." Click for the event agenda [PDF] http://www.crowell.com/NewsEvents/Event.aspx?id=11799/23/2010 12:00:00 AMA special two-day program for contract managers, personnel professionals, legal counsel, project managers, financial personnel, and compliance officials covering: The applicable labor requirements - from wage rates and fringe benefits to health plans and overtime issues. When they are applied. How they are enforced. Efficiently incorporating them into your contract activities. This special two-day program will teach you what the Service Contract Act's labor requirements are, when they are applicable, and how to efficiently incorporate them into your daily contracting activities. The special Course Curriculum has been designed to offer maximum benefits to personnel professionals, contract managers, legal counsel, project managers, and others who are involved with a contract's labor requirements. Further, the course offers practical guidance on your rights, options and remedies. Amy O'Sullivan is participating in this program. http://www.crowell.com/NewsEvents/Event.aspx?id=9969/21/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18439/17/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19219/17/2010 12:00:00 AMThis two-day seminar provides a practical approach to issues that often arise in the formation and operation of joint ventures, including approaches used in negotiating the key terms of an operating agreement from the perspective of the developer and the capital partner. Of particular importance, it also includes observations on formation of public/private partnerships and lender/developer partnerships formulated in the context of restructurings, as well as special tax considerations in formation and restructuring of the partnerships. J. Daniel Sharp is one of the speakers on the subject of "Litigation in a Joint Venture Context - Internal disputes; buy-sells; termination rights." http://www.crowell.com/NewsEvents/Event.aspx?id=11789/15/2010 12:00:00 AMThis conference is sponsored by the South Texas College of Law and co-sponsored with The Association of International Petroleum Negotiators and The Houston Association of Professional Landmen. South Texas College of Law’s 2010 Energy Law Institute is truly a “can’t miss” event. This year’s Planning Committee has included a wide variety of topics focused on providing both Texas and Louisiana attorneys and landmen with practical tips and techniques they can immediately apply in their own practices. Topics include an Oil & Gas Case Law Update, sessions on common oil and gas transactions and agreements,important topical presentations on regulatory repercussions from the Gulf oil spill, Railroad Commission developments concerning unconventional shale plays, and international oil and gas operations. Kyle Parker and Duane Siler are speaking. The topics are "Exxon Valdez = OPA 90/Deepwater Horizon =?" and "OCS Permitting After the Deepwater Horizon Incident." Click for the event brochure [PDF] http://www.crowell.com/NewsEvents/Event.aspx?id=11819/1/2010 12:00:00 AMThis is a Pre-Conference Optional Event. A special program for self storage owners, operators, investors, developers, as well as executives of vendor firms. This is the fourth of a series, and the panel presentations will showcase the most current, up-to-date information on recent sales, buyer acquisition strategies, and other key issues of the financial world as they pertain to self storage. William O'Connor will speak on Panel Three: "Case Studies of Loan Recapitalizations, Loan Modifications, and Discounted Note Buy-Backs." http://www.crowell.com/NewsEvents/Event.aspx?id=11768/31/2010 12:00:00 AMThe National LGBT Bar Association’s Lavender Law Conference - a three day legal conference devoted to GLBT legal issues - will be held at the Loews Miami Beach Hotel in Miami Beach, Florida. Lavender Law brings together more than 1,000 practicing GLBT attorneys and allies, legal scholars, students, member of the judiciary, and other legal professionals. The event also features a Career Fair with more than 150 employers, including Crowell & Moring, recruiting GLBT law students from around the country. Ty Carson, Ryan Tisch and Brandon Waggoner will be attending this event. Crowell & Moring is one of the event sponsors. http://www.crowell.com/NewsEvents/Event.aspx?id=11888/26/2010 12:00:00 AMOlivier Antoine will participate on the panel entitled "Joint Ventures & Antitrust: A Pandora's Box or a Riddle of Sphinx?" He will speak on Chinese antitrust enforcement. http://www.crowell.com/NewsEvents/Event.aspx?id=11648/24/2010 12:00:00 AMThe first few days of an internal investigation are often the most important in a corporate governance crisis. Because corporate governance issues often hit the boiling point in a matter of hours and the law affecting those issues is evolving, your role as in-house counsel has never been more critical to your client or ripe for public scrutiny. The judgment calls made in these fast moving situations are high stakes, and may irrevocably impact the company, its brand, and its shareholders. In this MCLE presentation , we will draw on the experience of former prosecutors and regulatory counsel, in-house counsel, and leading litigators as we discuss the best ways to appropriately deal with these situations. Janet Levine, Michael Cypers, Donald Sovie, Kelly Currie, Mark Troy, Jeffrey Rutherford and Kathleen Balderrama are the presenters. Crowell & Moring is the sponsor. http://www.crowell.com/NewsEvents/Event.aspx?id=11868/18/2010 12:00:00 AMPeru is a market with continuous growth, sound and consistent economic policies and institutional stability. It offers investment opportunities in strategic areas such as energy/alternative energy, infrastructure, and agro-industry, among others. On August 17, 2010, the Peruvian Business Council has invited Mr. Julio Velarde, President of the Central Reserve Bank of Peru, to join us for a breakfast presentation concerning the investment conditions and opportunities in Peru. The event will take place from 8:30am-10:30am at Crowell & Moring's New York Office on 590 Madison Avenue. Registration information is provided on the "Official Event Site" link below. Crowell & Moring is the host and a sponsor of this event. Harry Burnett will provide welcome remarks on behalf of Crowell & Moring. http://www.crowell.com/NewsEvents/Event.aspx?id=11858/17/2010 12:00:00 AMThe Chief Compliance Officer (CCO) has become a crucial employee at most financial services firms, and a stand-alone one requiring technical skills and the knowledge of ever-evolving rules and best practices. This webcast will: Provide practical tips for managing a compliance function such as: Understanding the primary compliance function Differences in the compliance role at BDs, IAs and other financial institutions Prioritizing and managing time, while wearing multiple hats Managing policies and keeping pace with rule changes Nurturing key relationships Mark Egert is one of the speakers at this webcast. http://www.crowell.com/NewsEvents/Event.aspx?id=11878/17/2010 12:00:00 AMIBC Legal Conferences' interactive 5-day residential summer school will provide you with a sophisticated guide to EU competition law and the essential practical tools you need to master legal complexities and avoid pitfalls in your everyday work. Sean-Paul Brankin will be speaking on Horizontal Agreements. http://www.crowell.com/NewsEvents/Event.aspx?id=11058/9/2010 12:00:00 AMA comprehensive course in Government contract requirements with key instruction by specialists in accounting and law. Now required for both Defense and Civilian agencies. Includes coverage of new developments and any prospective implications of the Pension Protection Act of 2006. Terry Albertson will speak on Day 2 of this seminar on the topic of "Compensation of Personnel." http://www.crowell.com/NewsEvents/Event.aspx?id=9948/5/2010 12:00:00 AMA specially tailored, advanced program devoted exclusively to the unique rules, problems, practices, and demands of Government Contract Costs matters and designed for experienced procurement professionals to help you stay on top of the latest developments in Government contract costs. Each day of the Institute will consist of lectures, case studies, illustrative examples, group discussions, individual questioning, and consideration of questions on any contract costs subject. In addition, attendees will receive an extensive set of materials prepared by the Faculty. Terry Albertson is part of the Faculty at this event. http://www.crowell.com/NewsEvents/Event.aspx?id=10228/4/2010 12:00:00 AMThe EMLF Coal Law Short Course is designed to give lawyers who are new to the practice of coal and energy law the tools to handle issues arising in both litigation and transactional settings. While the lawyer in practice 0-5 years will benefit from this short course, landmen, business people and engineers desiring to gain a better understanding of the laws and regulation of coal will find the program invaluable. David Ross is speaking at this course on the subjects of "Clean Water Act and Amendments" and "Other Regulatory Programs Affecting Coal Mining." Click for the event brochure [PDF] http://www.crowell.com/NewsEvents/Event.aspx?id=11848/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18448/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18398/1/2010 12:00:00 AMOn July 22, 2010, the International Court of Justice (ICJ), the principal judicial organ of the United Nations seated in The Hague (The Netherlands), ruled that Kosovo's 2008 declaration of independence and secession from the Republic of Serbia over the latter's objection did not violate international law. The ICJ ruling, adopted by 10 votes to four, was issued in the form of a non-binding Advisory Opinion following a request from the UN General Assembly initiated by Serbia in late 2008. The ICJ found that international law, including relevant UN law and practice, contains no prohibition of declarations of independence. Therefore, the adoption on February 17, 2008 of the declaration of independence by the "Provisional Institutions of Self-Government of Kosovo," acting as representatives of the people of Kosovo, did not violate any applicable rule of international law. Given the narrow scope of the question posed to it, the ICJ refrained from ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15277/23/2010 12:00:00 AMOn July 15, 2010, the Department of Homeland Security issued an interim rule which mirrors a DoD rule, restricting contractors from acting as lead system integrators in the acquisition of DHS major systems if they have direct financial interests in the development or construction of individual systems or elements of any system that they integrate. Effective immediately, the rule contains several exceptions and also provides detailed definitions of lead system integrators and direct financial interests. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15287/23/2010 12:00:00 AMThe tragic Gulf of Mexico oil spill has led policymakers and regulators to pause, review, and reconsider oil and gas development in North America. While off-shore drilling is under the most scrutiny, not only in the United States but also in Canada, shale gas technology/development and other new and complex technologies are being placed in a similar basket. We are in the midst of a “game-changing” shift in the trust of and attitude towards energy companies by the public and governments. The Woodrow Wilson Center’s Canada Institute in conjunction with Global Public Affairs and the Canada West Foundation are convening a forum that will examine the circumstances that brought us to where we are today and assess what the current situation means to industry, regulators, and policymakers—now and in the future. What effect will this “game-change” have on each of these groups? Furthermore, what impact will this evolution have on ...http://www.crowell.com/NewsEvents/Event.aspx?id=11807/22/2010 12:00:00 AMThe Ministry of Justice has this week announced that the UK Bribery Act 2010 ("the Act") will come in to full force in April 2011. The Government has commented that: "The Act will ensure the UK is at the forefront of the battle against bribery and pave the way for fairer practice by encouraging businesses to adopt anti-bribery safeguards." When the Act comes in to force next year it will: Introduce a strict liability corporate offence of failing to prevent bribery by persons working on behalf of, or associated with, a business. A business has a complete defense if it can demonstrate that it has "adequate procedures" in place that should have prevented bribery. Make it a criminal offence to give, promise or offer a bribe and to request, agree to receive or accept a bribe either at home or abroad. The measures cover bribery of a foreign public official ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15267/22/2010 12:00:00 AMIn Turner Constr. Co. v. U.S., the Court of Federal Claims effectively reversed a decision by the GAO in which it had found an organizational conflict of interest resulting from intermittent acquisition negotiations between a subcontractor of the awardee and the parent of a company that assisted the Army Corps of Engineers in preparing the solicitation and evaluating proposals, negotiations that resulted in a post-award acquisition. The Army had followed the GAO recommendation and had disqualified the original awardee, Turner, but the Court concluded that the agency had erred by relying upon the GAO decision because that decision was irrational in light of the fact that GAO had applied the wrong standard of review and “[GAO] overturned the CO’s determination without highlighting any hard facts that indicate a sufficient alignment of interests" between the two companies. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15257/21/2010 12:00:00 AMThe ReContracts seminar is an interactive program designed for professionals who are seeking an in-depth treatment of reinsurance contracts. The curriculum includes the influence of the market on contract terms and the impact of specific contract clauses on finance, claims and underwriting operations. Participants design reinsurance programs and use case studies to learn how reinsurance contracts are drafted and how each contract forms a component of a company’s reinsurance program. The program culminates with Gen Re's interactive company operations exercise, The PRimary Insurance Management Exercise – PRIME, a computer-assisted simulated management exercise in which participants manage a “virtual” insurance company. Harry Cohen is a participant in a breakout session. Crowell & Moring is one of the sponsors. http://www.crowell.com/NewsEvents/Event.aspx?id=11837/20/2010 12:00:00 AMSummertime is finally here, in our summer round up of all things health and safety and employment-related we cover: the government's move to review health and safety legislation; the vexing issue of liability for social events; e-communications in a health and safety prosecution; REACH; and some interesting developments in the courts and guidance from the HSE. Happy reading and remember to take care of your own personal health and safety in the sun… by the pool…at the barbeque….at the airport… The Young Review Almost immediately the new government came into power David Cameron commissioned a Review of Health and Safety by Lord Young, who himself describes Health and Safety law as a "music hall joke". Lord young was formerly Trade and Industry Secretary in a former Conservative regime and held a number of other cabinet posts in the 1980s. Mr Cameron has pledged to take on "compensation culture", as this ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15247/20/2010 12:00:00 AMWashington, D.C. - July 19, 2010: Federal prosecutor Kelly T. Currie has joined Crowell & Moring LLP as a partner in the firm's New York office. Most recently the Deputy Chief of the Criminal Division of the United States Attorney's Office for the Eastern District of New York (EDNY), Currie joins Crowell & Moring's internationally-recognized White Collar & Regulatory Enforcement Group, which represents corporations, boards of directors, executives, and other individuals in a broad range of government investigations, white collar criminal defense matters, enforcement actions and internal investigations, as well as in complex civil litigation. The White Collar & Regulatory Enforcement Group has grown significantly since 2008, beginning with the addition of New York partner Daniel L. Zelenko, a former Branch Chief of the Securities and Exchange Commission's (SEC) Division of Enforcement. The group later added the white collar lawyers from Los Angeles-based Lightfoot Vandevelde Sadowsky Crouchley Rutherford & Levine ...http://www.crowell.com/NewsEvents/PressRelease.aspx?id=3097/19/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18457/19/2010 12:00:00 AMIn Appeal of Colonna's Shipyard, Inc. (June 24, 2010), the ASBCA confirmed, consistent with recent CFC decisions in Todd Construction, L.P. v. U.S., 88 Fed. Cl. 34, 235 (2008), that it has jurisdiction to review claims challenging inaccurate past performance evaluations under the Contract Disputes Act. Thus, the way is clear for contractors to challenge DOD past performance evaluations in either forum. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15237/19/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19237/16/2010 12:00:00 AMWashington, D.C. – July 15 , 2010: Crowell & Moring LLP is pleased to announce that Washington, D.C.-based senior partner R. Bruce Keiner Jr., chair of the firm's Aviation Group, has received the International Law Office's (ILO) 2010 Client Choice Award in the U.S. "Aviation" category. The exclusive ILO award is based on surveys of 2,000 senior corporate counsel who were asked to name law firm partners who excel across the full spectrum of client service. Keiner received the award during the ILO's Client Choice dinner in London on July 8th. Established in 2005, the ILO Client Choice Awards recognize those law firms and partners around the world that stand apart for the excellent client care they provide and the quality of their service. The criteria for the awards focus on law firms' ability to add real value to their clients' business above and beyond the other players in the ...http://www.crowell.com/NewsEvents/PressRelease.aspx?id=3107/15/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18477/15/2010 12:00:00 AMEarlier today, the U.S. Senate passed the conference report for H.R. 4173, the Dodd-Frank Wall Street Reform and Consumer Protection Act. In a little-discussed piece of this sweeping financial reform legislation, Congress authorized the creation of two new bounty programs that will provide substantial monetary awards to whistleblowers who provide information that leads to an enforcement action with monetary sanctions exceeding $1,000,000 imposed by either the Securities and Exchange Commission (SEC) (Sec. 922) or the Commodity Futures Trading Commission (CFTC) (Sec. 748). These bounty hunter provisions, which are expected to be signed into law by President Obama next week, are broadly drafted and could have far-reaching application to cases involving accounting fraud, disclosure violations, and the Foreign Corrupt Practices Act. The provisions are similar to qui tam provisions of the False Claims Act, which provide a bounty for whistleblowers who provide information about government procurement fraud, and the SEC bounty ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15227/15/2010 12:00:00 AMThis event is part of the joint discussion series "Talking About China: Europe, China, and the United States in the 21st Century," hosted by the American Council on Germany and American Friends of Bucerius. Shikhil Suri is one of the speakers at this event. It will be held at the offices of Crowell & Moring in New York. http://www.crowell.com/NewsEvents/Event.aspx?id=11757/14/2010 12:00:00 AMA specially tailored, advanced program devoted exclusively to the unique rules, problems, practices, and demands of Government Contract Costs matters and designed for experienced procurement professionals to help you stay on top of the latest developments in Government contract costs. Each day of the Institute will consist of lectures, case studies, illustrative examples, group discussions, individual questioning, and consideration of questions on any contract costs subject. In addition, attendees will receive an extensive set of materials prepared by the Faculty. Terry Albertson is part of the Faculty at this event. http://www.crowell.com/NewsEvents/Event.aspx?id=10217/13/2010 12:00:00 AMEvery year, the Public Interest Clearinghouse brings together 300 of their colleagues to recognize the work of three exceptional individuals in the legal community whose efforts have advanced the cause of equal access to justice. The 2010 honorees are Justice Earl Johnson, Jr. (Ret) and Barbara Johnson, Marty Glick, Partner, Howard Rice Nemerovski Canady Falk & Rabkin and David Stern, Executive Director, Equal Justice Works. Crowell & Moring is a sponsor. http://www.crowell.com/NewsEvents/Event.aspx?id=11727/13/2010 12:00:00 AMThe Association of Corporate Counsel is sponsoring this Legal Service Management 3.0 - Core Curriculum Session. Two days of workshop-style learning on value-based fee structures, and the project, data and knowledge management skills to support them. Robert Lipstein is on the faculty at this event. http://www.crowell.com/NewsEvents/Event.aspx?id=11637/13/2010 12:00:00 AMIn Global Ship Sys., Inc. v Dept. of Homeland Sec'y (CBCA June 25, 2010), the board held that a settlement payment owed by the government could be offset against a debt owed by the contractor on a separate contract, even though the settlement agreement expressly required the CO to "request" that the payment be made to Global's designated bank account. More explicit language is required to overcome the government's general right of offset. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15207/13/2010 12:00:00 AMOn July 12, 2010, the California Supreme Court resolved an issue of first impression in Clayworth v. Pfizer, finding that the pass-on defense is not available under California law to defendants accused of price-fixing. In a unanimous decision, the Court held that for private antitrust litigation under California’s Cartwright Act, it is no defense that the plaintiff passed on its damages to its customers. The case has far-reaching effects for defendants in defending against antitrust claims brought under California law.  In antitrust litigation, the pass-on defense involves an attempt by a defendant to show that a direct or intermediary purchaser plaintiff has passed on an alleged price overcharge to an indirect purchaser and therefore suffered either no damages or limited damages. Federal antitrust law does not provide for the pass-on defense under the U.S. Supreme Court’s holding in Hanover Shoe, Inc. v. United Shoe Machinery Corp., and Clayworth v. Pfizer ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15217/13/2010 12:00:00 AMA unique, advanced course for contract professionals. Many Institute graduates return each year to stay on top of the latest developments in Government Contracting. The foundation of the Institute is its exceptional faculty - five professionals who are yours for five days. These individuals will not "teach" you government procurement. Rather, they will take you beyond, delving into areas which have not been fully explored; considering problems to which there may be no immediate, definite answers; proposing strategies that can directly affect your activities. The Institute is specifically designed for government contract professionals who are already well experienced in procurement. Each day will be spent in a variety of ways: Lectures, case studies, illustrative examples, group discussions, individual questioning, and considering questions on any procurement subject - not only on matters scheduled to be raised that day. In addition, Institute attendees will receive several manuals of original materials prepared by ...http://www.crowell.com/NewsEvents/Event.aspx?id=10247/12/2010 12:00:00 AMCrowell & Moring LLP Environment & Natural Resources Group co-chair Chet M. Thompson is featured for his comments on the second quarter of 2010 increase in environmental litigation cases. According to Thompson, he attributed the spike in environmental filings to litigation over the April 20 spill, as well as challenges to the new rulemaking coming from the Obama administration. July 12, 2010 – Law360 http://www.crowell.com/NewsEvents/NewsAll.aspx?#news3137/12/2010 12:00:00 AMOn July 8, 2010, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council, which have responsibility for the development and maintenance of the Federal Acquisition Regulations ("FAR") System, issued an interim rule requiring that covered federal contractors disclose information about the compensation paid to their five most highly compensated executives, and to the highest paid executives of their first-tier subcontractors. The interim rule, effective July 8, 2010, also requires covered federal contractors to report information about certain first-tier subcontracts. The information that such contractors must disclose in accordance with the interim rule will be available on a free, public website maintained by the Office of Management and Budget ("OMB"). Additional details regarding the interim rule may be found in the bullet analysis: Reporting Requirements For Executive Compensation And First-Tier Subcontract Awards. The stated objective of the interim rule is to "empower the American taxpayer with information that may ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15197/12/2010 12:00:00 AM14 Witnesses Step Forward to Bring New Light to Green's Innocence Washington, D.C. - July 9, 2010: Former death row inmate Crosley Green has petitioned a Florida court for a new trial concerning the 1989 murder of Charles "Chip" Flynn in Mims, Florida. The petition sets forth sworn statements from four of the prosecution's witnesses who have recanted their testimony and new evidence that speaks to Green's innocence, including eight sworn affidavits from key alibi witnesses who say they saw Green far away from the scene of the crime at the time of the murder. The petition also presents two sworn affidavits from former Brevard County Sheriff's first responders to the murder scene who state that the evidence they witnessed the night of the murder pointed to someone else, and not Crosley Green, as the person who shot Chip Flynn. Pro Bono lawyers from the Washington, D.C.-based law firm of ...http://www.crowell.com/NewsEvents/PressRelease.aspx?id=3067/9/2010 12:00:00 AMOn July 8, 2010, the Civilian Agency Acquisition Council and Defense Acquisition Regulations Council issued an interim rule requiring that, subject to several exceptions and limitations, contractors report executive compensation, first-tier subcontract awards, and executive compensation information for first-tier subcontractors. The government will make this information public via the USASpending.gov website. The interim rule revises the FAR Subpart 4.14, and changes it from "Reporting Subcontract Awards" to "Reporting Executive Compensation and First-Tier Subcontract Awards." Under the revised Subpart 4.14, all solicitations and contracts of $25,000 or more, except classified solicitations and contracts and solicitations and contracts with individuals, must contain a new clause, 52.204-10. Contracting officers must modify existing ID/IQ contracts, including FSS contracts and GWACs, on a bilateral basis to include the clause for future orders, if the value is $25,000 or more, except classified contracts and contracts with individuals. The interim rule applies to all businesses, regardless of ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15187/9/2010 12:00:00 AMThis seminar is presented by the TriTech SBDC and Crowell & Moring. In this informative and interactive program, you will hear from Crowell & Moring attorneys experienced in guiding early stage companies through the intricacies of business formation and growth. Focusing on three legal areas - corporate, human resources and intellectual property law -- participants will receive a high-level overview of issues to consider when beginning and growing a company. The seminar will be interactive, with adequate time for questions and answers. Amanda Paracuellos, Kendra Miller and Jonathan Lindsay are the speakers at this event. The seminar will be held at the offices of Crowell & Moring in Irvine. Fees: $35.00 at the door for each workshop or $75.00 for all three workshops. Register EARLY (by July 7th 2010) for all three workshops for only $50.00 or $25.00 for each individual workshop! Click to register http://www.crowell.com/NewsEvents/Event.aspx?id=11707/8/2010 12:00:00 AMThis webinar is sponsored by Trading Cross Connects. The US Congress appears ready to pass the long awaited financial regulatory overhaul bill (the “Bill”). The Bill represents the most comprehensive attempt to regulate the financial services industry since the Great Depression. The Bill contains the so-called Volcker Rule (the “Rule”), named after its original proponent former Federal Reserve Chairman Paul Volcker. The Rule as originally envisioned sought to: (i) ban U.S. banks from trading financial instruments with their own capital, and (ii) required U.S. banks to give up their stakes in hedge funds and private equity funds. The Rule has been the subject of intense lobbying and negotiation. The purpose of this webinar is to review the Volker Rule and its impact on high frequency trading. Topics Covered: “Volker Rule” – is it now law? How much still remains to be specified/defined and who does that? Who does this apply ...http://www.crowell.com/NewsEvents/Event.aspx?id=11737/8/2010 12:00:00 AMShauna Alonge will speak on the subject of "Compliance and Self-Disclosure: New and More Onerous Mandatory Disclosure Obligations Imposed on Federal Contractors and Grantees." http://www.crowell.com/NewsEvents/Event.aspx?id=11687/1/2010 12:00:00 AMWashington, D.C. - July 1, 2010: "The International Who's Who of Business Lawyers 2010," published by Law Business Research's Who's Who Legal, named 28 Crowell & Moring LLP lawyers as leading practitioners in their fields. Lawyers were selected by their peers for this book. The following 28 Crowell & Moring lawyers were recognized, listed by respective practice areas for which they were nominated: Arif Hyder Ali - Arbitration William L. Anderson - Environment Olivier N. Antoine - Competition Richard L. Beizer - Business Crime Jeffrey Blumenfeld - Regulatory Communications Harry P. Cohen - Insurance & Reinsurance Alexandre de Gramont - Arbitration Randall L. Erickson - Construction Kent A. Gardiner - Competition Ridgway M. Hall, Jr. - Environment Lorraine B. Halloway - Aviation Philip T. Inglima - Business Crime Peter Kiernan - Business Crime Ian A. Laird - Arbitration (*Laird is a Special Legal Consultant with Crowell & Moring LLP) R. ...http://www.crowell.com/NewsEvents/PressRelease.aspx?id=3037/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18417/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19247/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19197/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19267/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19377/1/2010 12:00:00 AM Other sections of this issue: Privacy & Data Protection | ISP-Liability & Media Law | Contracts & E-Commerce | Electronic Communications & IT EU Commission adopts new standard contractual clauses for the transfer of personal data The Belgian Act on surveillance cameras of March 21, 2007 (the “Act”), which already entered into force on June 10, 2007, provides for a transitional period with respect to surveillance cameras that had already been installed before its entry into force. With respect to these cameras, the Act holds that controllers only have to comply with the obligations under the Act at the latest three years after that date. The Belgian Data Protection Authority therefore made an appeal to the controllers in order to comply by June 10, 2010. The Belgian Act on surveillance cameras of March 21, 2007 (the “Act”), which already entered into force on June 10, 2007, provides for a ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15147/1/2010 12:00:00 AM Other sections of this issue: Privacy & Data Protection | ISP-Liability & Media Law | Contracts & E-Commerce | Electronic Communications & IT European Commission launches public consultation on net neutrality On the ARCEP (L’Autorité de Régulation des Communications Electroniques et des Postes) Conference in Paris, Neelie Kroes, the Commissioner responsible for the Digital Agenda, has announced that the European Commission will launch a public consultation on the issue of network neutrality. Her intention is to report back to the European Parliament before the end of the year whether regulatory action on net neutrality is necessary. The main issues in the net neutrality debate The debate over net neutrality originated in the U.S. where it has become an important regulatory issue and where the question of whether the U.S. Federal Communications Commission can mandate it, has already reached the courts. In Europe, the debate is still at an earlier ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15157/1/2010 12:00:00 AM Other sections of this issue: Privacy & Data Protection | ISP-Liability & Media Law | Contracts & E-Commerce | Electronic Communications & IT Validity of domestic online gaming monopolies confirmed by the ECJ EU countries can restrict online gambling to a single publicly controlled operator if their aim is to combat fraud and protect the consumer from addiction, Europe's highest court said on Thursday 3 June 2010, dealing a blow to the multi-billion euro online betting industry seeking to break domestic monopolies. The European Union Court of Justice (ECJ) issued rulings on two separate challenges involving online gambling in the Netherlands.  The first ruling concerns proceedings opposing Ladbrokes to De Lotto. De Lotto is a Dutch non-profit-making foundation holding a license for the organization of sports-related prize competitions, the lottery and number games in The Netherlands. It is also the exclusive operator allowed to offer games of chance via ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15167/1/2010 12:00:00 AM Other sections of this issue: Privacy & Data Protection | ISP-Liability & Media Law | Contracts & E-Commerce | Electronic Communications & IT Articles New obligations for Internet access providers EU Council agrees on action plan to implement the concerted strategy to combat cybercrime New obligations for Internet access providers On 6 April 2010, the Belgian legislator has adopted a new Act which modifies the Act of 13 June 2005 on Electronic Communications. Internet access providers (“IAPs”) will henceforth be subject to additional obligations when customers terminate their Internet access subscription. The new obligations will be further detailed in a code of conduct, which is currently being drafted by the sector itself. - New obligations With the Act, the Belgian legislator adds new obligations for IAPs to the Belgian Act on Electronic Communications of 13 June 2005. The new obligations relate to the termination of Internet access subscriptions by ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15177/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19256/30/2010 12:00:00 AMAs discussed in our May 12, 2010 Labor & Employment Law Alert, in March 2010, President Obama signed into law both the Patient Protection and Affordable Care Act ("PPACA") and the Health Care and Education Tax Credit Reconciliation Act ("HCERA"), which supplemented and modified PPACA (this Alert will refer to these two laws collectively as "Health Care Reform" or "Health Reform Laws"). As we noted in our May 12 Alert, Health Care Reform is an on-going process with compliance requirements developing over time, and the pace of those developments has proven to be quite impressive. To date, in just over 3 months since PPACA was signed into law, the Department of Health and Human Services ("HHS"), Department of Labor ("DOL"), and Department of the Treasury ("Treasury") have jointly issued interim final rules on the following four major provisions of Health Care Reform: Requirement to Cover Older Children: As discussed in ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15126/30/2010 12:00:00 AMOn June 28, 2010, the U.S. Supreme Court issued an opinion striking down as unconstitutional the provision of Sarbanes-Oxley that controls the removal procedures of members of the Public Company Accounting Oversight Board ("PCAOB" or the "Board") . Free Enterprise Fund v. Public Company Accounting Oversight Bd., 561 U.S. __ (2010), No. 08-861. In a 5-4 opinion, Chief Justice John Roberts, writing for the majority, determined that the current structure of the PCAOB failed to provide sufficient authority to the President to remove Board members who function as "inferior officers" of the United States. Sarbanes-Oxley, however, remains "fully operative as a law" according to the majority opinion. Created by Congress as a part of the Sarbanes-Oxley Act ("SOX") in 2002, the PCAOB is a government entity that has the power to inspect, investigate, and sanction registered accounting firms in disciplinary proceedings. Registered firms include all accounting firms (foreign and domestic) ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15136/30/2010 12:00:00 AMOn June 25, 2010, the Department of Commerce, Bureau of Industry and Security ("BIS"), issued an interim final rule (75 Fed. Reg. 36481), significantly modifying and relaxing certain regulations regarding encryption items under the Export Administration Regulations ("EAR"). Among the most significant reforms, the new rule: Replaces the current "product-by-product" authorization scheme for less sensitive and mass market encryption items with a company-based authorization scheme that will operate like a bulk license for such products; Removes the 30-day delay and review requirement for exporting less sensitive encryption items and classifying most mass market encryption items; Creates an annual self-classification reporting requirement for less sensitive and most mass market items, in place of the prior semi-annual post-export sales and distribution reporting requirement; Expands the scope of encryption technology eligible for License Exception ENC to permit broad exportation except to countries of the highest concern; and Removes "ancillary cryptography" from control under ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15106/29/2010 12:00:00 AMIn Kemron Envtl. Servs., Inc. v. U.S. (May 27, 2010), the Court of Federal Claims dismissed the contractor's complaint that the government issued an unfair, inaccurate, and unreasonable evaluation of its performance, finding that the contractor had failed to meet a jurisdictional prerequisite required by the Contract Disputes Act: that it file a "claim" with the contracting officer. Though the contractor engaged in a series of written and electronic communications with various individuals at the agency expressing its disagreement with its past performance evaluation, the Court concluded that none of the communications constituted (1) "a written demand seeking . . . other contract relief[] . . . as a matter of right" (2) "submitted to the contracting officer for a decision." http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15116/29/2010 12:00:00 AMCustoms enforcement is on the rise in many countries including China, India, Brazil, and Mexico as pressure grows to increase customs revenue collections. Declared values, classifications, and the origin of goods are being carefully scrutinized and post-entry audits are increasing in frequency, especially in China. Now in its 6th successful year, American Conference Institute’s “Advanced Forum on Global Customs Compliance” presents a brand new 2010 agenda designed to provide you with key insights on the latest import and customs developments in Asia, Latin America and Europe. Benefit from the practical perspective of senior corporate global compliance executives from companies including Applied Materials, ATC Technologies, Cisco Systems, Hershey, Hewlett Packard, IBM, Merck, Tyco International and many more. John Brew is one of the speakers addressing "Maximizing FTA Savings Opportunities". http://www.crowell.com/NewsEvents/Event.aspx?id=11066/28/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19166/28/2010 12:00:00 AMOn June 24, 2010, the U.S. Supreme Court issued its opinion in a closely watched "F-cubed" securities action. F-cubed refers to foreign investors who buy shares of a foreign company on a foreign exchange, and then attempt to assert securities claims against that foreign company in U.S. courts. The leading case on whether U.S. courts have jurisdiction over these types of actions was Morrison v.National Australia BankLtd., 547 F.3d 167 (2d Cir. 2008). In that case, the Second Circuit affirmed dismissal of the plaintiffs' claims because the defendant's actions that directly caused the plaintiffs' losses did not occur within the United States. The U.S. Supreme Court has now affirmed that decision, but for different reasons. Five Justices joined the majority opinion, and three other Justices concurred in the judgment. (Justice Sotomayor took no part in the consideration or decision of the case, and Justices Breyer and Stevens wrote concurring opinions. ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15076/28/2010 12:00:00 AMOverview The United States Supreme Court yesterday issued its long-awaited decision in Bilski v. Kappos, 561 U.S. ___ (2010). Although this case was expected to be a vehicle for a definitive pronouncement on the patentability of so-called "business methods," the Supreme Court decided the case on much narrower grounds, leaving the broader question unanswered. Specifically, the Supreme Court agreed with the United States Court of Appeals for the Federal Circuit that the particular invention at issue, directed to a method for managing risk in commodities markets, was unpatentable. However, rather than relying on the "machine-or-transformation" test that the Federal Circuit erroneously determined was the exclusive test for deciding whether a claimed "process" qualified as patentable subject matter, the Supreme Court found the invention at issue unpatentable under its own precedent rejecting the patentability of abstract ideas. More interestingly, by a slim 5-4 majority the Supreme Court refused to find business ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15096/28/2010 12:00:00 AMThis is the 50th anniversary of the founding of the National Association of College and University Lawyers (NACUA). The 50th Annual Conference will feature a wide array of conference sessions, networking opportunities and special events and activities. Ethan Schulman will speak on Christian Legal Society v. Martinez in the panel presentation entitled, “An Unlikely Trinity? Administrators, Organizations and Religious Accomodations”. http://www.crowell.com/NewsEvents/Event.aspx?id=11326/27/2010 12:00:00 AMAs the culmination of AHLA's educational year, the Annual Meeting provides a forum for networking and interaction with colleagues, friends, and family as well as an outstanding educational event. Throughout the program, members attend breakout sessions on various topics delivered by leading private practitioners, in-house counsel and government representatives, spend time networking with colleagues at the breakfasts, Practice Group luncheons and receptions and enjoy all that Seattle, Washington has to offer. Art Lerner is one of the speakers on the topic, "Mergers and Joint Ventures: Antitrust Challenges for Hospitals and Physicians." Michael Paddock will also attend. http://www.crowell.com/NewsEvents/Event.aspx?id=11606/27/2010 12:00:00 AMOver a dissent that evoked the words of President Lincoln out of fear that the basic right of litigants to defend themselves has been infringed, the Federal Circuit majority ruled in M. Maropakis Carpentry, Inc. v. U.S. (June 17, 2010) that it had no jurisdiction over the contractor's defense of excusable delays to the agency's liquidated damages claim because the contractor had not filed a fully compliant CDA "claim" and proceeded to grant summary judgment for the agency without even giving the contractor the chance to fix this jurisdictional "defect." Contractors will now be required, therefore, to consider carefully all anticipated (and currently asserted?) defenses to government claims (e.g., breach or other government actions that might excuse a default termination) to determine whether they must be recast, formalized, and properly submitted under CDA procedures -- with attendant cost and, likely, delay in dispute resolution. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15086/25/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18536/24/2010 12:00:00 AMThis event is being held at The Broadmoor in Colorado Springs, Colorado. The theme is "Celebrating Commitment - The Building of a Federal Circuit Jurisprudence." Crowell & Moring is one of the sponsors. http://www.crowell.com/NewsEvents/Event.aspx?id=11416/23/2010 12:00:00 AMWhen Must a Company Pay for Time Spent Donning and Doffing Uniforms? Even If Time Spent Changing into a Uniform Is Itself Non-Compensable, Does Changing Clothes Mark the Start of a "Continuous Workday"? Companies that require their employees to wear uniforms or protective equipment face a number of complicated issues: Is time spent donning and doffing required uniforms and equipment compensable under the Fair Labor Standards Act ("FLSA")? If so, can the subject be negotiated with a different result through a collective bargaining agreement ("CBA")? What if the workforce is not represented by a union? In the end, does the donning of required uniforms or equipment qualify as a "principal activity" under the Portal to Portal Act, such that subsequent time (even if spent waiting to be engaged or traveling to the worksite) must be paid? The Department of Labor's Wage and Hour Division ("WHD") has wrestled with these questions ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15066/23/2010 12:00:00 AMThis is the premier course to help you and your organization understand FDA regulations for drug products. By attending this two day program, you will learn the essential elements of the laws and regulations that affect you in the drug industry. From the definition of “drug” to the different regulatory schemes for over-the-counter (OTC) and prescription (Rx) drugs, this meeting walks you through the major statutory provisions and regulations, and helps you develop a clearer understanding of how they work. Our experts will provide a broad overview of FDA, the history of drug regulation, and details on specific areas of drug regulation. Additionally, you will examine FDA’s role in managing the drug approval process and how that process governs competition between branded and generic drugs. This program will help you think like an experienced drug professional. You will become more familiar with many of the acronyms used in the drug ...http://www.crowell.com/NewsEvents/Event.aspx?id=11566/22/2010 12:00:00 AMThe growing use of social media and interactive apps in a “Web 2.0” world promises both to expand the services an association can provide to its members and to make the management of those online activities ever more challenging. Associations already have well-defined processes in place for developing public positions through participation and consensus, but they confront new challenges in dealing with the far more fluid real-time dynamic of social media and the blogosphere. Associations’ Boards will expect their staffs to have policies in place for managing and monitoring online activities, and to have acquired a sufficient understanding of the changing legal environment to be able to identify and address the liability risks arising from the use, or inadvertent misuse, of data. Doing so will require the integration of HR, IT, marketing, and ethics/compliance resources as well as Legal. In this timely and informative seminar, John Stewart and Rebecca Springer ...http://www.crowell.com/NewsEvents/Event.aspx?id=11546/22/2010 12:00:00 AMThe leading provider of events on fraud and abuse compliance strategies brings the most comprehensive conference of its kind for the health care industry. At this unique event, the attendees will meet the state and federal prosecutors who are aggressively pursuing health systems and gain the knowledge necessary for effectively responding and negotiating with state attorneys general, OIG, DOJ, and CMS when faced with an investigation or audit. Robert Rhoad is one of the speakers at this event. The topic is "Impact of the False Claims Act Amendments for Hospital Systems and Anticipating a Rise in Qui Tams." Click for the event brochure [PDF] http://www.crowell.com/NewsEvents/Event.aspx?id=11616/22/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18666/22/2010 12:00:00 AMEach year, the Volunteers For Justice Dinner illuminates the importance of pro bono legal services to the thousands of low income children and families, adults and seniors served annually by the Public Law Center. This year's keynote speaker is Aric Press, Editor in Chief of The American Lawyer. Deborah Arbabi is participating and Crowell & Moring is a sponsor of this event. http://www.crowell.com/NewsEvents/Event.aspx?id=11656/21/2010 12:00:00 AMMark Plevin is one of the speakers on the topic of "Asbestos Bankruptcy 2010 – A New Era or the Last Chapter? http://www.crowell.com/NewsEvents/Event.aspx?id=11596/21/2010 12:00:00 AMCrowell & Moring LLP Health Care Group co-chair and partner John T. Brennan Jr. is featured in the National Law Journal for his comments on healthcare reform, specifically in the areas of assisting hospitals and health care system clients revamp procedures for reporting and refunding overpayments from the government. This includes helping clients conduct audits as they relate to the overpayment issue June 21, 2010 - The National Law Journal http://www.crowell.com/NewsEvents/NewsAll.aspx?#news3126/21/2010 12:00:00 AMIn an important decision, the United States Supreme Court today clarified the legal standard for halting actions in environmental cases. In Monsanto Co. v. Geertson Seed Farms, the Court determined that a nationwide permanent injunction on the planting of Roundup Ready alfalfa (RRA) ordered by a lower court and upheld by the Ninth Circuit was improper. Justice Alito wrote the opinion for a seven-Justice majority. For the second consecutive term, the Supreme Court reversed an injunction affirmed by the Ninth Circuit, and the Court again stressed the extraordinary nature of injunctive relief, even for environmental injuries. As it did in last year in Winter v. Natural Resources Defense Council, Inc., 129 S.Ct. 365 (2008), the Court in Monsanto emphasized that a plaintiff must demonstrate that it has satisfied four tests or prerequisites before an extraordinary injunction can be granted. In Monsanto, a group in non-governmental organizations sought to overturn a ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15056/21/2010 12:00:00 AMThis is the first-ever collaboration between the ABA Section of International Law and The German Bar Association International Law Section. Birgit Kurtz is a co-chair of the conference. Ms. Kurtz is also a speaker and a panel chair on the subject, "Transactions Track: German Investment in the United States." She is also a panel chair addressing "Dispute Resolution/Litigation Track: U.S. E-Discovery and EU Data Protection: Between a Rock and a Hard Place?" and "Transactions Track: Forum Shopping in Restructuring and Cross-Border Insolvencies: U.S. and German Insolvency Regimes Compared." Lisa Savitt is the moderator and Ms. Kurtz is a panel chair on the subject of "Dispute Resolution/Litigation Track: Turning the Tables on Discovery: Using U.S. and German Proceedings to Your Advantage." Crowell & Moring is a supporter of this event. http://www.crowell.com/NewsEvents/Event.aspx?id=11076/20/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19086/20/2010 12:00:00 AMThe Association of Food and Drug Officials (AFDO), a non-profit organization comprised of local, state and federal government officials and industry leaders, will hold its 114th Annual Educational Conference at the Sheraton Norfolk Waterside Hotel in Norfolk. The conference is an annual forum for delegates from the United States, Canada and Mexico for discussion of cutting-edge food and drug safety, security and defense initiatives. Keynote addresses will be given by federal, state and international food safety leaders, including the U.S. Food & Drug Administration, the U.S. Department of Agriculture, as well as Canadian and Mexican representatives. Steve Niedelman is one the speakers at this conference, addressing "Supplier Quality Case Studies". http://www.crowell.com/NewsEvents/Event.aspx?id=11016/19/2010 12:00:00 AMOn Thursday the Supreme Court took a first step towards defining the rights of public employees in the digital age when it unanimously held that a police department's review of an employee's on-the-job text messages was "reasonable" within the scope of the Fourth Amendment. This decision has implications for practitioners across a range of substantive areas of practice, from privacy and e-discovery to employment law. In Ontario v. Quon, No. 08-1332, Quon, a Ontario, California police officer, used a pager issued to him by the police department to send and receive text messages, some of which were sexually explicit, during his work hours. Quon routinely exceeded the allocated minutes of usage under the department's plan with its wireless carrier, and the department undertook an audit of Quon's text messages to determine the cause and whether the department or Quon should pay for the overages. Quon sued the department alleging that ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15046/19/2010 12:00:00 AMOn June 8, 2010, DoD issued an interim rule, intended to prevent competitively awarded contracts for new technology from becoming noncompetitive efforts long-term. The interim DFARS provisions require that contract line item purchases and contract options must be limited to the minimum number of initial or additional prototype items that will allow for timely competitive solicitation and award of a follow-on development or production contract for those items; that the term of the contract line item or contract option cannot be longer than 12 months; and that the dollar value of the work to be performed pursuant to the contract line item or contract option may not exceed three times the dollar value of the work previously performed under the contract or $20 million, whichever is less. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15036/18/2010 12:00:00 AMOver the past 18 months there have been significant developments in labor-related government contract requirements. Recent executive orders, statutory changes, and administrative enforcement actions pose new challenges for government contractors. Tom Gies, Gunjan Talati and Richard Arnholt are conducting this webinar. http://www.crowell.com/NewsEvents/Event.aspx?id=11576/17/2010 12:00:00 AMEqual Rights Advocates is a nonprofit legal organization dedicated to protecting and expanding economic and education access and opportunities for women and girls. Over 800 ERA supporters including attorneys, business leaders, and women rights advocates are participating in this premiere event. The keynote speaker is Arianna Huffington. Kay Martin is participating. Crowell & Moring is a table host at this event. http://www.crowell.com/NewsEvents/Event.aspx?id=11586/17/2010 12:00:00 AMIn this 90 minute audio conference, Cathy Burgess will discuss the pattern of recent warning letters and give participants pointers on FDA’s current areas of focus. In addition, Cathy will provide tips on how to avoid warning letters and how to respond if you receive one. Learning Points and Questions To Be Answered: Will FDA take enforcement action or “wait and see”? Are these inconsistent approaches? Can industry anticipate how the agency will respond to a problem?   http://www.crowell.com/NewsEvents/Event.aspx?id=11676/17/2010 12:00:00 AMThe theme of this conference is “Regulatory Affairs: The Business of Regulatory Affairs.” The conference is intended to provide the Drug, Device, and Biologics industries with an opportunity to interact with FDA reviewers and compliance officers from the Centers and District Offices, as well as other industry experts. The main focus of this interactive conference will be product approval, compliance, and risk management in the three medical product areas. Industry speakers, interactive Q & A, and workshop sessions will also be included to assure open exchange and dialogue on the relevant regulatory issues. Steve Niedelman is speaking at this conference. The topic is "Enforcement Activities of Significance: Consent Decrees 2009 (KV Pharmaceuticals, Caraco, and CareTech) and Stories from the trenches." http://www.crowell.com/NewsEvents/Event.aspx?id=10996/17/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19076/17/2010 12:00:00 AMThe Supreme Court invalidated today almost 600 decisions issued by the two members of the National Labor Relations Board (NLRB) who served for a 27-month period beginning in December, 2007. The Court, in a 5-4 opinion, ruled that the two member panel did not constitute a "quorum" authorized to decide cases under Section 3(b) of the National Labor Relations Act. Section 3(b) is the statutory provision that sets forth the familiar three member panel quorum provisions used by the NLRB in deciding cases. The majority opinion was authored by Justice Stevens, and joined by Chief Justice Roberts, and Associate Justices Scalia, Thomas and Alito. Justice Kennedy, joined by Justices Ginsburg, Breyer and Sotomayer, dissented, agreeing with the government's proposed reading of the statutory provision. The practical effect of New Process Steel will be significant. The NLRB now has four members, as a result of two recess appointments made by President ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15026/17/2010 12:00:00 AMIn Donley v. Lockheed Martin Corp. (June 10, 2010) (litigated by Crowell & Moring), the Federal Circuit affirmed the ASBCA's decision that a CAS-covered contract that was completely repriced with full disclosure after a change in accounting was not "affected" by the change and was not subject to price adjustment to reflect the impact of the change -- an argument that could also preclude price adjustments on task orders that are negotiated without reliance on cost accounting information under CAS-covered IDIQ contracts. The Court rejected the Justice Department's arguments that the repriced contract was "affected" by the change either because it had been modified rather than completely terminated and re-awarded or because the PCO's agreement to a new price constituted an impermissible "waiver" of the ACO's exclusive right to determine the impact of an accounting change. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15016/16/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19306/15/2010 12:00:00 AMThe Chef’s Best Dinner & Auction Presented by ING is Food & Friends’ signature fundraiser. Each year, more than 1,300 guests gather together to raise more than $700,000 to provide specialized meals and nutrition services for their neighbors battling HIV/AIDS, cancer and other life-challenging illnesses. This year, they will toast Chef’s Best’s 20th Anniversary with 60 of the region’s top chefs, who will generously donate their time and talent to provide tastings of their culinary specialties. Guests will also enjoy bidding on exciting live and silent auction packages. In celebration of their work to ensure patients everywhere continue to have access to life-sustaining medicines, we will pay special tribute to our 2010 Chef’s Best Honoree, the Pharmaceutical Research Manufacturers of America (PhRMA) and their CEO, the Honorable Billy Tauzin. We are proud to call the entire PhRMA family partners in the fight against life-challenging illnesses. Crowell & Moring is a ...http://www.crowell.com/NewsEvents/Event.aspx?id=11206/14/2010 12:00:00 AMThis conference is presented by The United States District Court for the District of New Jersey in association with The Sedona Conference. We live in a digital world, in which a vast array of electronic information, devices, and networks affect almost all human activity - including criminal activity and law enforcement. The acquisition and use of electronic information for the prosecution and trial of criminal actions and the defense thereof is not confined to "computer crimes" such as hacking or data piracy. Electronic evidence can be relevant to all types of crime, from international terrorism and espionage to child pornography, drug trafficking, kidnapping, or murder; to financial fraud; or even to traffic violations. The volume, complexity, and volatility of electronic information require that attorneys - both prosecution and defense - become aware of the common problems and opportunities that electronic information presents. Moreover, the presence of electronic evidence in a ...http://www.crowell.com/NewsEvents/Event.aspx?id=11516/14/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18336/14/2010 12:00:00 AMOn June 7, 2010, the Department of Commerce issued a proposed rule implementing 2009 legislation to reauthorize and improve the Defense Production Act. In addition to reauthorizing the use by designated federal agencies of priority ratings on contracts or orders, requiring contractors (and potentially their subcontractors and vendors) to give priority to those contracts or orders over other contracts or orders, the proposed rule "clarifies" the standards and procedures for issuing a rated contract/order and establishes new procedures by which an agency may allocate scarce materials, services, and facilities to promote the national defense or to respond to a national emergency. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=15006/14/2010 12:00:00 AMThe International Compliance Professionals Association ("ICPA") annual conference is unlike any other offered in the international trade community. This year's program has been designed to include educational opportunities and discussion on trade topics to meet the needs of both novice and experienced compliance professionals. Robert MacLean, John Brew and Alan Gourley are attending this conference. Crowell & Moring is a sponsor. http://www.crowell.com/NewsEvents/Event.aspx?id=10196/13/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19206/12/2010 12:00:00 AMWashington, D.C. - June 11, 2010: Crowell & Moring LLP is pleased to announce that 42 of its leading U.S.-based attorneys have been named to the 2010 Chambers USA: America's Leading Lawyers for Business guide. The prestigious rankings are driven by independent interviews of clients and members of the legal community at outside law firms. Four Crowell & Moring practice areas were ranked among the best in the nation, eight were ranked among the best in the District of Columbia, and two ranked among the best in California. In the nationwide category for best practices and attorneys, Chambers USA listed the following rankings: Energy: Oil & Gas (Regulatory & Litigation) Partner Dana Contratto (Rank 5) Partner Jennifer N. Waters (Rank 5) Government: Government Contracts (Rank 1) Partner Terry Albertson (Rank 1) Partner Thomas P. Humphrey (Rank 2) Partner W. Stanfield Johnson (Rank (S) - Senior Statesman) Partner Kent R. Morrison ...http://www.crowell.com/NewsEvents/PressRelease.aspx?id=3006/11/2010 12:00:00 AMWashington, D.C., - June 11, 2010: Crowell & Moring LLP is pleased to announce that the firm's International Arbitration practice was nominated to the Chambers & Partners shortlist for the 2010 Chambers USA Awards for Excellence. The team was nominated in the category "International Arbitration: Team Nomination." These awards are based on Chambers' research from the 2010 edition of Chambers USA: America's Leading Lawyers for Business. The award ceremony was held on June 10, 2010 at Manhattan's Cipriani venue. More than 500 guests attended the event, which honored the achievements of the United States legal world. The award ceremony program notes, "Crowell's rapid expansion in the international arbitration arena has impressed the market. Highlights for the multicultural, multilingual group include Libananco v. Turkey, Caratube v. Kazakhstan, Duke Energy v. Peru (annulment), H&H v. Egypt, Pacific Rim v. El Salvador and the groundbreaking ICM Registry v. ICANN." Chambers' staff of full-time ...http://www.crowell.com/NewsEvents/PressRelease.aspx?id=3116/11/2010 12:00:00 AMWashington, D.C. - June 10, 2010: The Minority Corporate Counsel Association (MCCA) has awarded Crowell & Moring LLP the 2010 "Thomas L. Sager Award" for the Mid-Atlantic region. The prestigious diversity award is bestowed to one firm in each of MCCA's five regions that has demonstrated sustained commitment to improving the hiring, retention and promotion of minority attorneys and has created a more inclusive legal profession and working environment. MCCA Executive Director Veta T. Richardson said, "Crowell & Moring has proven itself to be a firm dedicated to the long-term advancement of diversity in the legal profession and a valuable partner to MCCA. I congratulate them on winning the Sager Award and commend them for their tireless work to embody the mission of MCCA." The "Thomas L. Sager Award" was created by MCCA to honor Thomas L. Sager, DuPont Company's Senior Vice President and General Counsel and MCAA Board member, ...http://www.crowell.com/NewsEvents/PressRelease.aspx?id=2996/10/2010 12:00:00 AMCrowell & Moring International Group partner Matthew P. Jaffe gives his insight on United States trade laws in The International Contract Manual. The article focuses on five key U.S. trade laws that may impact imports of products into the United States: antidumping duty law; countervailing duty law; Section 337 of the Tariff Act of 1930, as amended; Section 301 of the Trade Act of 1974, as amended; and global and special safeguard proceedings. http://www.crowell.com/NewsEvents/Publications.aspx?#articles12056/10/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19096/10/2010 12:00:00 AMThe Justice Department announced on May 25, 2010, a settlement with EMC for $87.5 million related to allegations that the company had fraudulently induced GSA to enter into a Schedule contract by misrepresenting the company's commercial pricing practices and that the company had engaged in an illegal kickback scheme whereby it paid consulting companies fees each time those companies recommended that government agencies purchase an EMC product. As discussed more in depth in our blog, this settlement, which contains some unique terms, is one of several to come out of the group of False Claims Act cases filed by two relators in 2004 against IT companies alleging that "referral fees," "influencer fees," and similar arrangements with system integrators and "alliance partners" violated the Anti-Kickback Act and resulted in false claims. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14986/10/2010 12:00:00 AMWalid Hegazy, Managing Partner, Hegazy & Associates (Crowell & Moring's affiliate office in Cairo, Egypt) will be the Moderator of Session One: Islamic Finance Regulatory and Infrastructure Developments in Egypt. http://www.crowell.com/NewsEvents/Event.aspx?id=11316/9/2010 12:00:00 AMOn 1 June 2010, a new Vertical Agreements Block Exemption will come into force, as revised Vertical Restraints Guidelines. The process leading to the adoption of new texts has been highly contentious and has taken much longer than expected. As a result, the new rules will enter into effect almost immediately. It is therefore important for the legal and business communities to understand the practical consequences of the changes reflected in the new rules without delay. The need is particularly acute as these are the competition law texts of most practical importance to business on a day-to-day basis. As part of this reform, the motor vehicle sector is also set to become subject to the same rules on vertical agreements as other sectors, although they will be supplemented by a specific block exemption and guidelines. Notably, the new Motor Vehicle Guidelines will interpret and expand on the provisions of the ...http://www.crowell.com/NewsEvents/Event.aspx?id=11036/8/2010 12:00:00 AMCheaper imports provoke requests for protection by the domestic producers, particularly when the production abroad results from the relocation of productive capacity to lower-cost jurisdictions. But importers in the home country, and behind them end-consumers and users of intermediates, oppose these protectionist moves. Prof. Sylvain Plasschaert, who specialized in ‘economic developments in China’ and in ‘international business’ will present a few typical cases of such conflicts and analyzes the variables that determine their origins and outcomes in the complex international economy. Robert MacLean is one of the discussants at this event. Click for the event invitation [PDF] http://www.crowell.com/NewsEvents/Event.aspx?id=11626/8/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18316/8/2010 12:00:00 AMIn U.S. ex rel. Crennen v. Dell Marketing L.P. (Apr. 27, 2010), the District Court of Massachusetts dismissed with prejudice a False Claims Act complaint alleging that ten IT vendors who hold GSA Schedule contracts had misrepresented and certified falsely that their products, which are listed for sale on the GSA Advantage! website, complied with the Trade Agreements Act. The relator failed to present evidence that the government had purchased any TAA non-compliant products through GSA Advantage!, and the court held that posting a false statement on a website in the expectation that a claim will be submitted does not trigger liability without pleading a claim or a "planned" claim. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14976/8/2010 12:00:00 AMCrowell & Moring LLP chairman Kent A. Gardiner was featured among 10 attorney honorees as a "Visionary" by the National Law Journal/Legal Times for helping to progress the practice of law in the Washington area. According to the publication, "Visionary" attorneys are those whose "business or legal acumen has been key to expanding their firms, improving government or advancing the law." June 7, 2010 - The National Law Journal/Legal Times http://www.crowell.com/NewsEvents/NewsAll.aspx?#news3116/7/2010 12:00:00 AMOn May 26, 2010, FINRA proposed for comment new rules to require registration of certain "back-office" operations personnel, including examination and continuing education requirements.1 The rules would expand the universe of personnel requiring registration and impact firms in a number of significant ways. According to FINRA, these new requirements are needed to help ensure that investor protection mechanisms are in place in all areas of firms' businesses that could harm a customer, a firm, the integrity of the marketplace or the public. FINRA appears to be responding to Madoff and recent scandals involving back-office shortfalls. It is following the trend of expanding regulatory focus beyond the front-office by heightening scrutiny over supervisory systems and oversight related to operational functions (e.g., custody, record-keeping, accounting, account maintenance, prospectus delivery, valuation and stock loan). The comment period expires on July 12, 2010. Who Would Be Covered? The requirements would not apply to all ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14966/7/2010 12:00:00 AMThis CLE webinar will provide guidance for counsel to trade associations and members to minimize their risk of antitrust liability. The panel will discuss recent guidance from the FTC and other federal agencies and outline clear antitrust compliance measures for associations and their members. Christopher Ondeck is a member of the faculty speaking at this webinar. http://www.crowell.com/NewsEvents/Event.aspx?id=11406/2/2010 12:00:00 AMWith the passage of the American Recovery and Reinvestment Act of 2009 (ARRA), the federal government invested approximately $25 billion in green building, and became a key market driver in the construction industry. State and local governments have also adopted new green building regulations. But green building projects raise new risks and liabilities. For example: What are the risks and liabilities for failing to achieve green building certification? What will green building defects look like? How can contractors manage their green building contracts to minimize potential liability? Click here to listen to a recording of the Green Building webinar, event materials can be accessed below. http://www.crowell.com/NewsEvents/Event.aspx?id=11506/2/2010 12:00:00 AMThe theme for this conference is "From Risk Management to Postmarket Surveillance". Their exclusive FDAnews survey of device-makers pinpointed your “Top 5” most important quality issues — risk management, design control, supplier quality, QSR compliance and postmarket surveillance — and this conference’s program is built around them. Attend and you will get answers to your toughest questions like these, and many more: How will the CDRH pressure your firm to improve QA and engineering principles? What about “sister suppliers” and regulations surrounding supplier management? What new problems are field investigators uncovering? How will the Unique Device Identifier (UDI) system and the Sentinel Initiative affect postmarket surveillance in your company? And ... what’s up the CDRH’s sleeve for 2010 — and beyond? Steve Niedelman will speak on the topic, "Managing Operations Effectively: Deliver Quality Devices and Always Be Audit Ready". He will also be part of the closing panel "Lessons Learned ...http://www.crowell.com/NewsEvents/Event.aspx?id=10986/2/2010 12:00:00 AMThe Civil False Claims Act (FCA) is the fastest growing area of federal litigation, particularly because of its unique qui tam enforcement mechanism. Amendments in 2009 made this law even more powerful. This Eighth National Institute will bring together experts from all areas--DOJ, state AG offices, Federal agencies, leading defense and plaintiff firms--to discuss this ever-growing area of litigation and enforcement. Brian Elmer is a speaker on the panel "Ethics Issues in Qui Tam Litigation." Robert Rhoad is attending. http://www.crowell.com/NewsEvents/Event.aspx?id=11026/2/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18326/2/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18926/2/2010 12:00:00 AMIt is that time of year again – the World Cup starts in less than a month, and then there is Wimbledon, test matches and all the other events planned for the summer season of sport. We discuss below strategies for avoiding red cards for unauthorised absences and other own goals. World Cup fever is taking hold again in the UK. Surveys from previous tournaments showed that employees were not averse to calling in sick to watch a match. This year, the Xpert HR survey of 100 HR Directors reveals that 63% of organisations have already made provision for employees to watch games during the World Cup, possibly to address this problem, although a survey of employers generally indicates that not all businesses have taken the lead that perhaps HR professionals have. Only one of England's group stage matches falls in the traditional working day, so the problem looks reduced ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14946/2/2010 12:00:00 AMIn related decisions filed on April 29, the Court of Federal Claims effectively precluded contractors from recovering any costs for unfunded post-retirement benefits (primarily retiree medical and life insurance) in connection with business segment closings, absent a specific contract provision promising to indemnify the contractor for the unfunded liability. In Raytheon v. U.S., the court held that benefits covered by so-called 401(h) subaccounts in the contractor's pension plan (a relatively uncommon situation) are not "pension benefits" and, therefore, are not subject to the segment-closing provisions of CAS 413; in Gen. Elec. Co. v. U.S., the court held that pay-as-you-go benefit plans covering retired employees and dependents (by far the more common situation) are not subject to the provisions of CAS 413 requiring "segment closing" adjustments for pension costs. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14956/2/2010 12:00:00 AMWashington, D.C. - June 1, 2010: Crowell & Moring LLP is pleased to announce the firm has been named "Pro Bono Law Firm of the Year" for a second time by the Tahirih Justice Center (TJC). The firm will be honored at Tahirih's 13th Annual Fundraising Benefit on September 22, 2010. TJC is a nonprofit organization founded in 1997 to address the need for legal services of immigrant and refugee women who have fled to the United States seeking protection from human rights abuses in their home countries. Through direct litigation and public policy advocacy, TJC encourages the development of laws to protect the women and girls from abuse. Crowell & Moring has been handling pro bono matters referred by TJC since 2004. The firm has successfully represented Tahirih-referred clients in filing applications for relief under the Violence Against Women Act, U visa applications, a T visa application, a gender-based ...http://www.crowell.com/NewsEvents/PressRelease.aspx?id=3056/1/2010 12:00:00 AMLos Angeles-based partner Mark R. Troy, member of Crowell & Moring LLP's Government Contracts Group, is featured as a participant in California Lawyer's roundtable discussion on the False Claims Act (FCA). Troy talks specifically about the recent changes to the FCA by way of the Fraud Enforcement and Recovery Act of 2009 (FERA). Troy was joined by five other leading specialists. June 2010 - California Lawyer http://www.crowell.com/NewsEvents/NewsAll.aspx?#news3096/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18426/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18406/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18466/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18166/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18176/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19046/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19176/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19356/1/2010 12:00:00 AMIBC Legal has assembled a distinguished line-up of speakers for our 5th annual event Advanced Review of Competition Economics providing you with a cutting-edge update and insightful commentary on the economic theory and analysis as applied to EU competition law. This conference shows how competition authorities increasingly frame their policies based on economics and how in-house counsel and private practitioners successfully use economists to provide robust, evidence-based support for their cases. Rob Murray is speaking at this conference about "Cartel damages – practical approaches to damages". http://www.crowell.com/NewsEvents/Event.aspx?id=10725/27/2010 12:00:00 AMAfter three years of history under the amended Federal Rules of Civil Procedure, important trends have emerged in the discovery of ESI. The National Institute continues its tradition of bringing together an all-star line-up of judges and lawyer and consultant e-discovery experts for a full day of advanced-level programs on the hot topics in e-discovery. Past attendees have raved about the quality of the panels and the excellent research materials prepared by panel members. David Cross is the Moderator of the topic entitled, "E-Discovery and Web 2.0". Click for the event brochure [PDF] This event will be held at Crowell & Moring in Washington, DC. http://www.crowell.com/NewsEvents/Event.aspx?id=11135/27/2010 12:00:00 AMThis seminar is regarding preliminary remedies and relief in federal courts. The attendees receive tips from the experts on obtaining TROs and preliminary injunctions, early protective orders and discovery, ex parte relief, attachments, receiverships and much more. Crowell & Moring is one of the sponsors of this event. http://www.crowell.com/NewsEvents/Event.aspx?id=11555/27/2010 12:00:00 AMThis panel discussion is sponsored by the U.S. District Court, Northern District of California ADR Program. As the country struggles to climb out of the worst recession since the 1930’s, the court has seen a marked increase in cases brought by individuals against financial institutions. Many of these cases are being referred to mediation and ENE, with mixed success. J. Daniel Sharp is part of this discussion. http://www.crowell.com/NewsEvents/Event.aspx?id=11445/27/2010 12:00:00 AMHenry Burnett is co-speaker at this event together with Christer Söderlund from the law firm of Vinge in Sweden and Board Member of the Stockholm Institute of Arbitration. http://www.crowell.com/NewsEvents/Event.aspx?id=11345/27/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18365/27/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18905/27/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18755/27/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18765/27/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18775/27/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18785/27/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18795/27/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18805/27/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18815/27/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18825/27/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18835/27/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18845/27/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18855/27/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18715/27/2010 12:00:00 AMCRF will be honoring Dr. Ronald D. Sugar, the current Chief Executive Officer of Northrop Grumman Corporation, with the Bill of Rights Award and Louis P. Eatman, a long-time CRF Board Member and partner with Proskauer Rose LLP with the Lloyd M. Smith Award. The keynote speaker will be Dr. Keven O. Starr, University Professor and Professor of History, University of Southern California. John Vandevelde is on the Board of Directors and Crowell & Moring is a donor. http://www.crowell.com/NewsEvents/Event.aspx?id=10785/26/2010 12:00:00 AMAs the financial crisis unfolds, the impact on financial institutions of all sizes continues to grow, and while opinion is divided on whether the flood of notifications will result in damaging claims, for the moment the FI insurance market remains a hard one. The 2nd European Financial Institutions Insurance forum will put you side-by-side with many of the leading experts in the market for this complex insurance product, thereby providing you with a great opportunity to network and a genuine opportunity to learn something. Nilam Sharma is speaking on the topic, "The Risks Facing Private Equity, Venture Capital and Hedge Funds and Insurance Industry Responses"; Michael Cypers in addressing "US FI Litigation – The Latest Cases and Current Trends to Be Aware Of". http://www.crowell.com/NewsEvents/Event.aspx?id=10885/26/2010 12:00:00 AMThis reception is being hosted by The White Collar and Regulatory Enforcement Group at Crowell & Moring in Washington, DC. http://www.crowell.com/NewsEvents/Event.aspx?id=10895/26/2010 12:00:00 AMThis year Crowell & Moring LLP’s Ounce of Prevention Seminar, or OOPS, focused on the fishbowl of Federal Procurement. Government contracts law practitioners and government decision makers shared their perspectives on the latest industry topics. Event Materials Bid Protest Bid Protest Outline Cyber Security Federal Register - Vol. 75, No. 41 - Defense Acquisition Regulations System HASC Cybersecurity Testimony - David Bodenheimer, Feb. 25, 2010 "The Cybersecurity Boom," by Marjorie Censer and Tom Temin - Capital Business (May 5, 2010) Global Compliance Bribery Act 2010 Council Regulation (EC) No 428/2009 - setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items "What you need to know about EU export controls for dual use items: The new EU Regulation 428/2009 - Michael Koebele International Contracting "Continuing Opportunities and Challenges in Iraq, Afghanistan, and Pakistan Contracting" - David C. Hammond, Robert S. Nichols and Christopher ...http://www.crowell.com/NewsEvents/Event.aspx?id=9755/26/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18305/26/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18745/26/2010 12:00:00 AMThe Women's Bar Association (WBA) of the District of Columbia will hold its Annual Dinner at the National Building Museum in Washington, D.C., with remarks by White House Senior Advisor Valerie Jarrett and WBA Woman Lawyer of the Year Nancy Duff Campbell. Monica Parham of Crowell & Moring will assume the position of President-Elect of the WBA at the dinner. Crowell & Moring is a Platinum Sponsor of the event. http://www.crowell.com/NewsEvents/Event.aspx?id=11525/25/2010 12:00:00 AMA new era in civil and criminal FDA Enforcement has begun. Come to the one event which will guide you through the intricacies of the new regulatory requirements and compliance protocols for this new time of change and reform. Dr. Hamburg has put the drug and device industries on notice – the FDA is accelerating enforcement actions with a fury not witnessed by regulatory and compliance professionals in over twenty years. The agency is implementing aggressive new enforcement protocols and compliance measures for which you must be well prepared. Preeminent food and drug counsel and government enforcement experts will share insights they have gained from service at the highest levels of FDA and related agencies. Steve Niedelman is the co-chair of this event and will be speaking about "Drafting Strategies for Your FDA 483 Response". http://www.crowell.com/NewsEvents/Event.aspx?id=10765/24/2010 12:00:00 AMThe Antitrust in Healthcare Conference continues its rich 25-year tradition with this jointly sponsored program. The conference brings together an expert faculty made up of the leading government enforcers, private counsel representing both plaintiffs and defendants, and economists to share their insights and offer both practical advice and policy recommendations. Art Lerner is one of the speakers on the topic, "Government Changes to the Rules of Competition". Christine White is one of the speakers addressing "The FTC and DOJ are Your Friends". Click for the event brochure [PDF] http://www.crowell.com/NewsEvents/Event.aspx?id=11185/24/2010 12:00:00 AM Memorial Service Crowell & Moring invites you to attend the public memorial service for Mr. Crowell to be held in Washington, DC. at 2:00 pm on Friday, June 11, 2010. Ronald Reagan Building and International Trade Center Atrium Ballroom 1300 Pennsylvania Avenue, NW Washington, DC To RSVP, or for more information, please email: memorial@crowell.com Click here for directions to the Atrium Ballroom. Remembering Took: Visit Our Tribute Book Eldon H. ("Took") Crowell, the beloved founding partner of the international law firm that bears his name and a leader in Washington, D.C. public interest activities, died at home on May 23, 2010 at the age of 86. Mr. Crowell was a leading practitioner of government contracts law. His legal career started in 1951 as an associate at the Washington, D.C. firm of Cummings & Stanley, where he worked as an assistant to Homer Cummings, the former Attorney General under President ...http://www.crowell.com/NewsEvents/PressRelease.aspx?id=2935/24/2010 12:00:00 AMNew York-based partner Mark A. Egert, member of Crowell & Moring LLP's Corporate and Financial Services groups, writes about the Financial Industry Regulatory Authority's (FINRA) proposed new Rule 2040 to govern the payment of finder's fees. http://www.crowell.com/NewsEvents/Publications.aspx?#articles18215/24/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18735/24/2010 12:00:00 AMAll federal prime contractors who enter into contracts of $100,000 or more, and subcontractors who enter into contracts of greater than $10,000, arising from a solicitation issued by the government on or after June 21, 2010, must post a notice at each of their workplaces informing employees of their rights under the National Labor Relations Act ("NLRA"). A final rule, issued by the Department of Labor on May 20, 2010, implements Executive Order 13496, signed by President Obama on January 30, 2009, to supplant the Bush-era "Beck Notice," and mandates the language of the notice.  The poster details employees' rights with respect to union activity, and provides examples of unlawful conduct by employers and unions in violation of those rights. Click here for the full text of the final rule. Contractors should take appropriate action to ensure they are in compliance with this new posting requirement. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14745/24/2010 12:00:00 AMThe International Council for Commercial Arbitration ("ICCA") is a worldwide non-governmental organization dedicated to promoting and developing arbitration, conciliation and other forms of international dispute resolution. ICCA convenes conferences, produces leading dispute resolution publications and works toward harmonization of arbitration and conciliation law and practice. Henry Burnett and Érica Franzetti will attend this conference. http://www.crowell.com/NewsEvents/Event.aspx?id=11195/23/2010 12:00:00 AMFor the past half-century, the International Council of Shopping Center's Real Estate Convention (RECon) has attracted a worldwide audience of retail real estate professionals to take part in the industry’s largest convention. In a class all its own, RECon sets the stage year after year providing the opportunity to make deals, form successful partnerships and grow professionally. Convention keynote speakers include Blake Nordstrom, President of Nordstrom, and Robert Reich, Economist and former U.S. Secretary of Labor. At 10:45am on May 23rd, Crowell & Moring partner Barbara E. Champoux will lead a Special Interest Group for Women in Retail Real Estate roundtable discussion entitled "Mentors: How to Find One, How to Be One". Click for the roundtable brochure [PDF] Click to view the New York Real Estate Journal article http://www.crowell.com/NewsEvents/Event.aspx?id=10855/23/2010 12:00:00 AMEthan Schulman is a speaker. His topic will be the representation of Hastings College of the Law in the Supreme Court in Christian Legal Society v. Martinez. http://www.crowell.com/NewsEvents/Event.aspx?id=11425/22/2010 12:00:00 AMNow in its twelth year, ABI’s New York City Bankruptcy Conference continues to bring together a faculty of bankruptcy judges and practitioners from the top national insolvency firms. Offered again is the primer course "Bankruptcy Fundamentals: Nuts & Bolts for Young and New Practitioners," held on the Friday preceding the Conference. Updated to include recent case law, an outstanding faculty of judges, academics and attorneys will explain the fundamentals of bankruptcy. Caitlin FitzRandolph and Vivian Arias will attend the course. http://www.crowell.com/NewsEvents/Event.aspx?id=10965/21/2010 12:00:00 AMWashington, D.C. - May 21, 2010 : Crowell & Moring LLP is pleased to announce that four of its attorneys have been named to the 2010 Chambers Europe: The World's Leading Lawyers guide. The prestigious rankings are driven by researching the legal profession in Europe, identifying the leading lawyers and law firms through interviews with thousands of lawyers and their clients. Chambers has ranked four Crowell & Moring attorneys, Werner Berg, Thomas De Meese, Flip Petillion and Kristof Roox. Additionally, four Crowell & Moring practice areas were ranked. Chambers Europe listed the following rankings: Belgium Competition/European Law (Rank 5) Thomas De Meese (Rank 5) Werner Berg (Rank 5) Intellectual Property (Rank 2) Flip Petillion (Rank 3) Kristof Roox (Rank 2) International Trade/WTO (Rank 3) Robert M. MacLean (Rank 2) TMT (Rank 4) View all the rankings online at: http://www.chambersandpartners.com/Europe/Firms/62821-35066. Chambers' staff of full-time researchers conduct in-depth interviews with attorneys and ...http://www.crowell.com/NewsEvents/PressRelease.aspx?id=3045/21/2010 12:00:00 AMGAO in DGR Assocs., Inc.(May 14, 2010), relied on "unambiguous" statutory language instead of a contrary 2009 opinion letter from DoJ's Office of Legal Counsel to hold that a procuring agency must first consider whether the conditions for a HUBZone set-aside exist before proceeding with an 8(a) set-aside. With this decision, GAO falls into line with (and cites with approval) the recent Court of Federal Claims decision, Mission Critical Solution v. U.S (Mar. 2, 2010), appeal docketed (Fed. Cir. Apr. 2, 2010), to the effect that set-asides to HUBZone contractors are mandatory whenever the criteria in 15 U.S.C. 657a are met. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14735/21/2010 12:00:00 AMEvery year, Northside Center for Child Development, Inc., a long-time source of support to the residents of East and Central Harlem, honors community leaders at its annual Awards Gala with the prestigious Mamie Award. The Mamie Award is given in tribute to Northside Center’s co-founder, Dr. Mamie Phipps Clark, to individuals representing the agency’s finest traditions of giving, caring, education, nurturing, and self-reliance. Christine White and Amy Tridgell will attend this event. http://www.crowell.com/NewsEvents/Event.aspx?id=11225/20/2010 12:00:00 AMThe Department of Defense has issued proposed rules regarding organizational conflicts of interest (“OCI”), which would apply to all DoD procurements. Even for non-DoD contractors, these proposed rules merit careful attention because it is likely that the revisions to the FAR OCI provisions (which are currently underway) will closely resemble the proposed DoD rules. The proposed rules generally track decades of GAO and Court of Federal Claims decisions interpreting FAR 9.5. But there are some new elements as well. For instance, if implemented, these new rules would require many contractors to submit extensive disclosures - e.g., "any other work performed on contracts, subcontracts, grants, cooperative agreements, or other transactions within the past five years that is associated with the offer it plans to submit" - to allow agencies to analyze actual and potential OCIs. In addition, the proposed rules, implementing a specific mandate from the Weapons System Acquisition Reform Act ...http://www.crowell.com/NewsEvents/Event.aspx?id=11435/20/2010 12:00:00 AMEach year, the Chamber's Person of the Year Awards Dinner honors two outstanding leaders (one Brazilian and one American) who have been particularly instrumental in forging closer ties between the two nations. The international business, financial, and diplomatic communities convene each year at this traditional gala event to pay tribute to the honorees. Over the past four decades, this annual event has become one of the most important business and social gatherings in New York City. On May 20, 2010, distinguished guests from the United States, Brazil and other nations will gather for the highly anticipated 2010 Person of the Year Awards Dinner, held in the Grand Ballroom of the Waldorf-Astoria Hotel in New York City. This year's Brazilian recipient is H.E. Henrique Meirelles, President of The Central Bank of Brazil and the American recipient is Jeffrey Robert Immelt, Chairman of the Board and Chief Executive Officer of General Electric. ...http://www.crowell.com/NewsEvents/Event.aspx?id=11165/20/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18235/20/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19185/20/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18725/20/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18655/20/2010 12:00:00 AMThe FDA's Enforcement Initiative has created new challenges for regulated businesses. The agency is devoting significantly more resources to conducting inspections, with an increased emphasis on global supply chain quality. Moreover, the FDA is responding more rapidly and more aggressively to inspectional findings, placing greater importance on timely responses. In the past, firms with compliance problems often had ample time to implement corrective actions before the agency took enforcement action. Now, failure to respond to inspectional findings within fifteen days could trigger a Warning Letter or other significant enforcement action.  Click here to listen to a recording of the webinar, additional event materials can be accessed below. http://www.crowell.com/NewsEvents/Event.aspx?id=11465/19/2010 12:00:00 AMThis practitioners’ workshop will provide in-depth and hands-on education for in-house and retained counsel who are involved in (or who expect to become involved in) litigation involving electronic discovery and digital evidence. Executives and other litigation stakeholders from large and small public and private organizations will also gain invaluable insights on how best to prepare your technical staff and information systems to respond to requests for electronically stored information (ESI). Addressed to intermediate and advanced ESI litigation practitioners, the workshop will be taught by our faculty of leading judges, ESI litigation practitioners, forensics experts, and technology thought-leaders, all of whom have significant experience in managing all aspects of ESI litigation. This workshop is unique in that its scope is much broader and deeper than traditional eDiscovery courses that address only basic ESI concepts. Justin Murphy will be one of the panelists, addressing "Practitioners Update: Practicing ESI by the Numbers". http://www.crowell.com/NewsEvents/Event.aspx?id=11235/19/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18385/19/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18645/19/2010 12:00:00 AMWith a broad exclusion for commercial items contracts, on May 19, 2010, DoD issued an interim rule, effective immediately, implementing section 8116 of the FY2010 Defense Appropriations Act, prohibiting the use of appropriated funds for contracts, task/delivery orders, or bilateral modifications in excess of $1 million unless the contractor agrees not to enforce or enter into agreements with employees or independent contractors that require arbitration of certain civil rights claims or numerous tort actions arising out of or relating to sexual harassment. Effective as of June 17, 2010, no appropriated funds may be expended unless the contractor certifies that it requires each covered subcontractor to meet the same conditions with respect to any employee/contractor performing work on the subcontract. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14725/19/2010 12:00:00 AMThe Patient Protection and Affordable Care Act of 2010 contains many provisions that impact health plans and other payors, PBMs, drug manufacturers, and individuals as it relates to managed care drug benefits and prescription drug pricing. This webinar will discuss some of the Act’s provisions with a focus on medication therapy management, creation of pathways for biosimilar biological products, expanded 340B drug program, average manufacturer price, Medicaid prescription drug rebates, and other drug-related issues. Christine Rinn and Barbara Ryland are the presenters at this event. http://www.crowell.com/NewsEvents/Event.aspx?id=11495/18/2010 12:00:00 AMThe premier venture and technology organizations in Orange County have teamed up to produce a one-of-a-kind business event showcasing the best of Orange County innovation from university, to venture-backed startups, to world-class companies. Amanda Paracuellos is attending this event. http://www.crowell.com/NewsEvents/Event.aspx?id=10955/18/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18245/18/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18575/18/2010 12:00:00 AMIn DynaLantic Corp., GAO denied a protest based on an allegation that the awardee in a small business set-aside procurement proposed a flight training device simulator that did not comply with the nonmanufacturer rule because the awardee procured the simulators from another country. GAO explained that the protester had concurrently filed a size protest with SBA, which determined that the awardee did comply with the nonmanufacturer rule because it transformed the simulators from a COTS product to a specific product solicited, and that SBA's decision was binding on GAO because SBA has "conclusive authority" to determine the size status of offerors. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14715/18/2010 12:00:00 AMIn U.S. ex rel. Folliard v. CDW Tech. Servs., Inc. (D.D.C. Apr. 19, 2010), the federal District Court in D.C. granted in part and denied in part the defendants' motion to dismiss a qui tam suit filed by a competing reseller which alleged that they had violated the False Claims Act by listing products not compliant with the Trade Agreements Act on their GSA Schedule contract and NASA Solutions for Enterprise-Wide Procurement ("SEWP") contract. As discussed further on our Blog, the court dismissed the allegations with respect to the GSA Schedule because the relator did not allege that the government had purchased non-compliant products, but it found the complaint sufficient with respect to the SEWP contract because it did so allege. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14705/17/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18935/16/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19335/14/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=17805/14/2010 12:00:00 AMThe Orange County Asian American Bar Association will hold its 17th Annual Installation Dinner on Thursday, May 13, 2010 at the Villa in Westminster. The keynote speaker is the Hon. Dolly M. Gee and the Lifetime Achievement Award will be presented to California Supreme Court Justice Ming Chin. Crowell & Moring is one of the sponsors of this event. http://www.crowell.com/NewsEvents/Event.aspx?id=11395/13/2010 12:00:00 AMWashington, D.C. - May 13, 2010: Crowell & Moring LLP is pleased to announce that Daily Journal, considered to be California's largest print and online legal news provider, has named Los Angeles-based partner Janet Levine and San Francisco-based partner Beatrice B. Nguyen to its annual list of California's "Top 100 Women Litigators." The award recognizes the victories of women attorneys and celebrates the advancements of women in law. Levine and Nguyen received the award at a ceremony and reception honoring all recipients at the Montage Hotel in Beverly Hills on May 12, 2010. Levine, chair of the firm's White Collar & Regulatory Enforcement Group, is an experienced trial and appellate attorney, with extensive experience in espionage, securities, health care, tax, public corruption, and Foreign Corrupt Practices Act matters. She has represented politicians, judges, and licensed professionals in myriad industries, providing defenses against governmental accusations of wrongdoing. Her clients are local, national, ...http://www.crowell.com/NewsEvents/PressRelease.aspx?id=2945/13/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18685/13/2010 12:00:00 AMOn May 13, 2010, the FAR Councils published an advance notice of proposed rulemaking, FAR Case 2009-004, Enhancing Contract Transparency, seeking industry input on amending the FAR to enable public posting of "the text of contracts and task and delivery orders . . . . without violating statutory and regulatory prohibitions against disclosing protected information belonging to the Government or contractors." The ANPR observes that (i) "it may not be practical to apply FOIA procedures before posting in every case"; (ii) the "Councils are looking into methods for identifying the types of information that should not be posted or released to the public, as well as means for electronic processing and posting, and development of provision or clause requirements for successful offerors to provide a redacted copy of the contract"; and (iii) the "Councils are also requesting suggestions for how best to protect the types of information through redacting, locating ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14695/13/2010 12:00:00 AMThere is no doubt that the move to constrain carbon will strongly impact how you do business, but it also generates opportunities. Of most interest is the potential to play in a vast, national and international multi billion-dollar traded market for emissions credits, and potential secondary markets for derivative products. In North American, emissions legislation is a hot topic with trends and directions that are constantly shifting. It is difficult for organizations to stay on top of current thinking, let alone understand how to prepare to survive and thrive in a carbon-constrained economy. What are the latest climate-related bills and regulations, and how can you best prepare to respond? For traders, what is the current outlook for carbon trading and how will it help your book? Mike Gill and Chet Thompson are speakers in this webcast. Click to register http://www.crowell.com/NewsEvents/Event.aspx?id=11335/12/2010 12:00:00 AMJoin Investors, Lenders, CMBS servicers, Paper Buyers, and Owner/Operators to Explore Opportunities in Distressed Commercial Real Estate Investing in the West. Receive detailed briefings on: Commercial real estate market prospects and current state of distress in the West Rescue financing -- availability and players FDIC dispositions, SBA, Fannie Mae, and other investment opportunities State of the CMBS and CDO markets Bankruptcy opportunities, including DIP lending Investment opportunities in the paper market William O'Connor is the Summit Chair and is Moderator on the subject "Commercial Paper Buyers' Perspectives on the Current Secondary Market"; Barbara Champoux is the Moderator on the subject "Crawling from the Wreckage – Overcoming Challenges and Seizing Opportunities"; Michael Blumenthal is the Moderator on the subject "Current Bankruptcy Opportunities"; John Bricker is the Workshop Chair and Moderator on a workshop entitled "Structuring Bids: Due Diligence and Pricing". Click for the Summit Agenda [PDF] Click for the Workshop Agenda ...http://www.crowell.com/NewsEvents/Event.aspx?id=10875/12/2010 12:00:00 AMThe 20th Annual National Institute on Health Care Fraud will provide a rewarding educational experience for health care attorneys, regulators, prosecutors, criminal defense attorneys and qui tam relators’ counsel. This National Institute draws panelists, facilitators and participants from each of these significant interest groups and it offers unique opportunities to meet and share experiences and concerns in a non-adversarial setting. The National Institute Planning Committee, in cooperation with the National Association of Medicaid Fraud Control Units, is committed to creating a program that advances education, communication, professionalism and discussion of current legal and ethical issues that arise in the health care fraud practice. These issues are addressed in panel discussions and small workshop formats designed to maximize audience participation. John Brennan will speak at this event on "Health Care Reform and Health Care Fraud Enforcement." http://www.crowell.com/NewsEvents/Event.aspx?id=10745/12/2010 12:00:00 AMRobert Rhoad will address "BLUES BEWARE: Recent False Claims Act Amendments and Their Impact on Health Care Plans". Christopher Flynn will speak on "Hot Topics in Participating Provider Litigation". http://www.crowell.com/NewsEvents/Event.aspx?id=10755/12/2010 12:00:00 AMSeveral recent incidences of intentional raw material adulteration have been widely publicized. These events have negatively impacted both pharmaceutical companies and their patients. Here is a great opportunity to learn the latest trends in ensuring security of your raw material supply chain from our panel of experts. The meeting will begin with a presentation “Analytical Technique selection for Detection of Raw Material Adulteration” describing one important element of Amgen’s strategy for eliminating the possibility of raw material adulteration. A panel discussion on best practices in supply chain security will follow the presentation. Steve Niedelman is one of the panel participants. http://www.crowell.com/NewsEvents/Event.aspx?id=11175/12/2010 12:00:00 AMWashington, D.C. - May 12, 2010: Crowell & Moring LLP is pleased to announce the Government Contracts Legal Forum, a blog offering in-depth insight and commentary on legal issues facing the government contracts industry. The firm's Government Contracts Group attorneys, noted as some of the foremost leaders in their field by clients and peers, will blog on issues ranging from cost accounting and the False Claims Act to public-private partnerships and General Services Administration (GSA) schedule contracting. "Government contractors are fulfilling their missions at a time when the stakes couldn't be higher and the and scrutiny has never been more intense. I'm proud that the Government Contracts Legal Forum will discuss the critical issues affecting contractors in real time and raise questions on the wide range of matters that surface as the industry grows to serve the government more effectively," said George D. Ruttinger, co-chair of Crowell & Moring's Government ...http://www.crowell.com/NewsEvents/PressRelease.aspx?id=2915/12/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19055/12/2010 12:00:00 AMHealth care reform has been the subject of much public debate and, in many cases, misinformation both about the actual content of the new laws and the ways in which the laws are to be applied and interpreted. Regardless of your point of view, it is clear that health care reform will have a significant impact, not only on the health insurance industry but also on employment and employee benefit issues generally. The Patient Protection and Affordable Care Act ("PPACA"), signed into law by President Obama on March 23, 2010, was then supplemented and modified, less than one week later, by the Health Care and Education Tax Credit Reconciliation Act ("HCERA"). This Alert will refer to these two laws collectively as "Health Care Reform" or "Health Reform Laws." Despite their length and extraordinary depth of detail, the Health Reform Laws leave open a host of issues that will have to ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14685/12/2010 12:00:00 AMThe Cybersecurity Contracting and R&D Opportunities Summit will be the premier forum bringing together government officials and senior executives to discuss the emerging threats, R&D developments and contracting opportunities in cybersecurity. With Google’s pullout of mainland China and its partnership with the N.S.A. resulting from cyberattacks, with the creation of a new $1.5 billion U.S. Cyber Command, with the DHS pledging to hire 1,000 cybersecurity personnel in the next year alone, this conference could not be more timely and the faculty is world class. http://www.crowell.com/NewsEvents/Event.aspx?id=11455/11/2010 12:00:00 AMThe recently enacted healthcare reform legislation is considered the most significant development affecting the healthcare industry in the last 45 years. As part of AHLA's mission to serve as an educational resource and foster dialogue on the key issues affecting the health law community, AHLA is offering various educational resources to assist our members in advising their clients. One very important resource is their in-person program on May 11-12, where their faculty will dig into the details of the different titles of the new law and discuss their implications for the different sectors of the healthcare community. John Brennan is one of the speakers on the topic "Fraud and Abuse in Health Care Reform: Will You Know It When They See It?" Art Lerner is speaking on the topic "Implications for Insurers and Health Plans."   http://www.crowell.com/NewsEvents/Event.aspx?id=11475/11/2010 12:00:00 AMTwo recent opinions by federal district courts in New York highlight the ongoing tension between U.S. discovery rules and foreign "blocking statutes" and privacy laws. These two cases continue a trend of U.S. courts ordering parties to produce discovery materials located outside the U.S. even when such production might violate foreign laws. These cases have important implications for anyone who litigates in U.S. courts for or against parties that maintain documents or electronically stored information outside the U.S. In Gucci America, Inc. v. Curveal Fashion, 2010 WL 808639 (S.D.N.Y. Mar. 8, 2010), the court ordered a third-party Malaysian bank, United Overseas Bank Malaysia ("UOB"), to produce certain documents regarding the defendant's Malaysian bank accounts even though UOB argued that production would violate Malaysian banking secrecy laws. UOB submitted a legal opinion from a Malaysian attorney in defense of its position, but the court nonetheless decided that the disclosure was warranted. ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14665/11/2010 12:00:00 AMOn March 22, 2010, the United States Court of Appeals for the Third Circuit held that a debtor is permitted to sell a secured lender's collateral free of its liens without allowing the lender to credit bid when the sale is pursuant to a chapter 11 plan of reorganization. In re Philadelphia Newspapers, LLC, 599 F.3d 298 (3d Cir. 2010). This decision undermines the settled expectations of secured lenders of their absolute right to credit bid their liens at a bankruptcy auction sale under a plan of reorganization. Philadelphia Newspapers, LLC, et al. (the "Debtors") filed a plan of reorganization (the "Plan") which proposed to sell the Debtors' assets at a public auction free and clear of the liens of the secured lenders (the "Lenders") while precluding the Lenders from credit bidding their secured claim in exchange for the Debtors' assets. The Bankruptcy Court ruled that the bid procedures proposed ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14675/11/2010 12:00:00 AMThis program will focus on the latest developments on cybersecurity from a Congressional perspective. With the multiple cybersecurity hearings, reports, and bills generated by Congress last year, 2010 promises to be a critical year for shaping and blending the various legislative initiatives. The panel which includes key Senate Congressional staff members will discuss the status of present cybersecurity efforts and how agencies, industry and the private bar can help. This program will be offered live in-person or via teleconference. David Bodenheimer is the Moderator. The panelists are Dr. Sameer Bhalotra, Lead Staff Member for Cybersecurity, US Senate Select Committee on Intelligence, Chan Lieu, Senior Professional Staff Member, Senate Committee on Commerce, Science, and Transportation and Deborah Parkinson, Professional Staff Member, Senate Homeland Security and Governmental Affairs Committee. The program will be held at the Washington office of Crowell & Moring. http://www.crowell.com/NewsEvents/Event.aspx?id=10865/10/2010 12:00:00 AMCrowell & Moring LLP Government Contracts Group partner and head of the firm's Homeland Security Practice, David Z. Bodenheimer, was featured in the Washington Post for his comments on the recent growth in cybersecurity work. According to Bodenheimer, "The market is still rather fragmented and in flux, but is developing with a speed that it is attracting both the major defense and homeland security contractors who are establishing independent business units to pursue these opportunities, and it is also a real opportunity for the smaller players who have niche products." May 10, 2010 – The Washington Post http://www.crowell.com/NewsEvents/NewsAll.aspx?#news3065/10/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18565/10/2010 12:00:00 AMThis is the 31st Annual Institute of the Energy & Mineral Law Foundation. Kirsten Nathanson is the Vice President & President-Elect. Jessica Hall is one of the speakers in the General Session. Her topic is "Climate Change Tort Litigation: An Emerging Wave?" Ann Mason and Bridget Littlefield are the speakers in the Coal and Mine Safety Session. Their topic is "Critical Issues in the Law of Civil and Criminal Liability Under the Mine Act." http://www.crowell.com/NewsEvents/Event.aspx?id=10185/9/2010 12:00:00 AMVarious legislative changes came into effect in April 2010, many of which we have covered in previous e-lerts (please let us know if you would like further copies), but for ease, here is a quick summary of the key issues:- The standard rates of statutory maternity pay, statutory paternity pay and statutory adoption pay will increase to £124.88 per week, or 90% of the person's average weekly earnings if less than £124.88. New regulations come into force providing for additional paternity leave and pay to parents of babies born (and adoptive parents notified of a match) on or after 3 April 2011. Eligible employees (usually fathers, but including all partners including civil partners and same sex partners) will have the right to take up to 26 weeks' paternity leave, if the mother (or primary adopter) returns to work early. Part of the leave will be paid if taken during the ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14625/9/2010 12:00:00 AMThis conference offers a unique forum for exchanging ideas and discussing recent developments in competition law across the globe. It brings together leading figures in the field from around the world including judges, competition officials, academics, in-house counsel and private practitioners. The conference combines the policy perspective of the London-based Interdisciplinary Centre for Competition Law and Policy (ICC) with the real world experience of the international law firm of Crowell & Moring LLP. This will be a one-day event, with four major areas of focus: international merger control; international cartel procedures; horizontal cooperation and vertical restraints. Our aim on this occasion is to bring to our audience a comprehensive update of recent developments related to these topics which will be presented in an analytical and thought-provoking way by a high-level panel of speakers from around the globe. All of the topics will be illustrated by practical examples drawn from recent ...http://www.crowell.com/NewsEvents/Event.aspx?id=11045/7/2010 12:00:00 AMAs the recession takes its toll on corporate profits, and employees are getting laid off in record numbers, more and more senior level executives and employees are leaving one company to start or join a direct competitor. This program will provide participants with advice on how to protect company trade secrets, guard against employee raids, recruit from competitors without getting sued, and deal with the important issues that arise when employees leave to compete with their former employers. Scott Feldmann will make a presentation, "TOP SECRET: New Developments in Trade Secrets Law". http://www.crowell.com/NewsEvents/Event.aspx?id=10945/7/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18475/7/2010 12:00:00 AMThe conference will bring together leading international law experts to give practitioners insight into the most current developments in international law. Conference topics to include: Legal lessons in inter-jurisdictional relations from the 2010 Olympics Games Trade issues -"buy American", border congestion, and "cap & trade" Canadian and American cross-border concerns and opportunities: a dialogue between the legal profession, stakeholders, and government Trade, Investment and Labour Mobility Agreement, Agreement on Internal Trade, North American Free Trade and the World Trade Organization: integration or fragmentation of inter-jurisdictional law? Labour movement and human trafficking into the Pacific Northwest Year in review: report on significant cases Ted Posner is one of the speakers of a plenary session entitled "TILMA, AIT, NAFTA, and WTO: Integration or fragmentation of inter-jurisdictional law?" Ian Laird is the Moderator of a breakout session entitled "Trade Issues: 'buy American', border congestion, and 'cap & trade'." Click for the conference agenda ...http://www.crowell.com/NewsEvents/Event.aspx?id=11385/6/2010 12:00:00 AMOn March 23, 2010, the FAR Councils issued a final rule amending the FAR to implement the Federal Awardee Performance and Integrity Information System, known as FAPIIS. The stated purpose of the rule, with an effective date of April 22, 2010, is to enhance the government's ability to evaluate for responsibility determinations the ethics and performance of prospective contractors competing for federal contracts and grants. But, most significantly for industry, many contractors will have to submit certified disclosures pertaining to certain criminal, civil, and administrative proceedings and settlements at the federal and state level. Unfortunately, even though these requirements are being rolled out right now, there are many unanswered questions. For instance, what are "administrative proceedings" – does the term include tax assessments, environmental citations, workers' compensation claims, and government claims for contract refunds? Must confidential settlement agreements be reported? What about deferred prosecution agreements? How should contractors respond to ...http://www.crowell.com/NewsEvents/Event.aspx?id=11365/6/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18705/6/2010 12:00:00 AMOn March 31, 2010, the Office of Federal Procurement Policy (OFPP) in OMB issued a proposed policy letter to provide guidance to the Executive Branch regarding when work must be reserved for Federal employees, whether that work is "inherently governmental" (100% of which must be reserved), or "closely associated with governmental functions" and "critical functions" (some portion of which must be reserved). The recently-appointed Administrator of OFPP, Daniel Gordon, made clear at an April 26 ABA meeting that the purpose of the draft guidance is to "rebalance" the Federal government's relationship with contractors, who are, according to Administration, currently filling jobs that should be reserved for Federal employees. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14645/6/2010 12:00:00 AMThis summary of key lawsuits affecting managed care is provided by the Health Care Group of Crowell & Moring LLP. If you have questions or need assistance on managed care law matters, please contact Art Lerner or any member of the health law group. Please click to view the full Crowell & Moring Managed Care Lawsuit Watch archive. Cases in this issue: United States v. McMillan Sacred Heart Health Systems v. Humana Military Healthcare Midwest Special Surgery v. Anthem Insurance Cos. Baker County Medical Services Inc. v. Aetna Health Management Spring E.R., LLC v. Aetna Life Insurance Company Monteleone v. United Concordia Companies Cotton v. Starcare Medical Group   United States v. McMillan No. 08-31148 (5th Cir. Mar. 11, 2010) The Court of Appeals for the Fifth Circuit held that Barry Scheur, owner, president and CEO of the HMO The Oath, and Robert McMillan, the Vice President, COO, and CFO ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14655/6/2010 12:00:00 AMThis National Institute is unparalleled in its dissection of the pressing issues that comprise corporate internal investigations. Preeminent in-house and outside counsel, government lawyers, and other experts, including auditors and investigators, will share their valuable insights into the issues to consider in conducting corporate investigations. This National Institute brings together leading practitioners and in-house counsel to address the legal, ethical, marketing, strategic, and managerial considerations to guide your advice and decision-making. The Internal Corporate Investigations National Institute Steering Committee, the Criminal Justice Section White Collar Crime Committee and the Business Law Section have collaborated to create an insightful and valuable program for in-house and outside counsel, as well as other professionals involved in corporate investigations. Two pre-conference workshops – a corporate investigations primer and a case studies program – will offer additional intensive instruction. Janet Levine will speak on Friday, May 7 on "Pro Active vs. Re Active Compliance Programs". http://www.crowell.com/NewsEvents/Event.aspx?id=10775/5/2010 12:00:00 AMLiability Risks When Doing Business in the United States: Introduction to U.S. business and commercial law for German, Austrian and Swiss lawyers and business people. Foreign investments by continental European companies in the United States often fail because of details that were not considered in advance. While the economic ties between the United States and, for example, Germany are very close, the markets are based on very different and complex rules. With the case-based "common law," the United States have a very different legal tradition than Germany, Austria and Switzerland. The speakers at the seminar will give an overview of the various legal areas that must be considered when entering the U.S. market or expanding existing business relationships there. By explaining the basic legal, business and social structures, the speakers will give the participants an insight into possible areas of risk, dispute and liability. The seminar will help the participants ...http://www.crowell.com/NewsEvents/Event.aspx?id=10285/5/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18275/5/2010 12:00:00 AMOn 4 May 2010, the European Commission published its awaited draft regulations and guidelines for the assessment of co-operation agreements between competitors. Currently, guidance for horizontal co-operation is provided by two block exemption regulations, Commission Regulation (EC) No. 2659/2000 on research and development (R&D) agreements ("R&D BER"), Commission Regulation (EC) No. 2658/2000 on specialisation agreements ("Specialisation BER"), and the accompanying horizontal guidelines. The block exemption regulations exempt research and development as well as specialisation and joint production agreements from the EU's general ban on restrictive business practices laid down in Article 101 (1) of the Treaty on the Functioning of the European Union ("TFEU"), provided they meet all conditions set out in the regulations. The horizontal guidelines provide an elaborated analytical framework for the assessment of the most common types of horizontal co-operation agreements (including certain concerted practices) and are therefore of the highest practical importance. The European Commission has ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14635/5/2010 12:00:00 AMA specially tailored, advanced program devoted exclusively to the unique rules, problems, practices, and demands of Government Contract Costs matters and designed for experienced procurement professionals to help you stay on top of the latest developments in Government contract costs. Each day of the Institute will consist of lectures, case studies, illustrative examples, group discussions, individual questioning, and consideration of questions on any contract costs subject. In addition, attendees will receive an extensive set of materials prepared by the Faculty. Terry Albertson is part of the Faculty at this event. http://www.crowell.com/NewsEvents/Event.aspx?id=10205/4/2010 12:00:00 AMMedCon 2010 is an exciting new annual event is co-sponsored by the FDA in conjunction with Xavier University to bring the Medical Device Industry learning and networking platforms designed around their needs. In today’s competitive and lean environment, professionals need to continually keep up-to-date on trends, expand their knowledge-base and be well-connected. Participants will have opportunities to learn and interact with leading FDA officials and field investigators along with global industry experts. Steve Niedelman will speak at this event. http://www.crowell.com/NewsEvents/Event.aspx?id=10735/4/2010 12:00:00 AMA unique, advanced course for contract professionals. Many Institute graduates return each year to stay on top of the latest developments in Government Contracting. The foundation of the Institute is its exceptional faculty - five professionals who are yours for five days. These individuals will not "teach" you government procurement. Rather, they will take you beyond, delving into areas which have not been fully explored; considering problems to which there may be no immediate, definite answers; proposing strategies that can directly affect your activities. The Institute is specifically designed for government contract professionals who are already well experienced in procurement. Each day will be spent in a variety of ways: Lectures, case studies, illustrative examples, group discussions, individual questioning, and considering questions on any procurement subject - not only on matters scheduled to be raised that day. In addition, Institute attendees will receive several manuals of original materials prepared by ...http://www.crowell.com/NewsEvents/Event.aspx?id=10235/3/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18125/3/2010 12:00:00 AMOn 29 April, the Advocate General of the European Court of Justice (ECJ) issued an Opinion that legal privilege does not extend to in-house or foreign (e.g., US) lawyers in the context of EU antitrust investigations. The Advocate General also appeared to cast doubt on the scope of privilege for EU-qualified outside counsel. This Opinion, issued in the appeal of the landmark case Akzo and Akcros v Commission, affirms existing EU case law. The Opinion is not binding on the ECJ, which will issue its judgment within 3 to 6 months. In most cases, however, the ECJ follows the Opinion of the Advocate General. If the ECJ follows this Opinion, advice from in-house and foreign lawyers will not be protected from disclosure to the European Commission and could be seized in the context of so-called "dawn raids", and used by the Commission to build its cases. Indeed, it is common ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14575/3/2010 12:00:00 AMAfter a lengthy back-and-forth at GAO, the protestor finds relief at the Court of Federal Claims with the award to its competitor for storage space being set aside. The court found in Metro. Van and Storage, Inc. v. U.S. (Apr. 16, 2010) that the awardee did not meet the technical requirements of the RFP that it have a minimum of storage space under firm commitment and refused to brush off these problems as contract administration issues. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14585/3/2010 12:00:00 AMA Second Circuit panel has invited an en banc or full court review of a "reverse exclusionary settlement payments" case that may ultimately reach the Supreme Court. The case is Arkansas Carpenters Health and Welfare Fund v. Bayer A.G., Nos. 05-2851-cv(L) and 05-2852-cv(CON) (2d. Cir. Apr. 29, 2010). The opinion is attached. 1. Reverse Exclusionary Settlement Payments The Drug Price Competition and Patent Term Restoration Act of 1984 - commonly known as the "Hatch-Waxman Act" - enables generic manufacturers to enter the market for a particular drug before the branded manufacturer's patent has expired through the filing of a pre-expiration challenge. At the same time, the Hatch-Waxman Act considers the pre-expiration challenge as infringing activity that could be the basis for the branded manufacturer suing the generic competitors. Hatch-Waxman litigation frequently settles with the branded manufacturer (the patent holder) paying the generic competitor (the alleged infringer) in exchange for an ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14595/3/2010 12:00:00 AMIn an important decision for special servicers, Judge Hellerstein of the U.S. District Court for the Southern District of New York denied Appaloosa Investment LP's motion to intervene in special servicer CW Capital Asset Management LLC's foreclosure proceeding against Stuyvesant Town and Peter Cooper Village. Appaloosa sought to intervene to protect their investment of approximately $750 million in interest-only certificates, arguing that CW Capital is conflicted as a result of its dual role as special servicer and controlling certificate holder under the securitization documents. Attorneys for Appaloosa argued that the foreclosure action was not in the best interests of all certificate holders, as required by CW Capital's role as special servicer, but rather in the best interests of CW Capital alone in its role as controlling certificate holder. As a result, Appaloosa's attorneys argued, Appaloosa had a right to intervene in the foreclosure action as a defendant to protect its ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14605/3/2010 12:00:00 AMLast Friday, April 30, 2010, the United States Sentencing Commission finalized significant revisions to the Federal Sentencing Guidelines. These changes directly implicate the relationship between a corporation's chief compliance officer and the board of directors and the manner in which a corporation should respond to the discovery of criminal conduct. For the first time, the Sentencing Guidelines now allow a corporation to receive a three level downward departure in sentencing for maintaining an effective compliance and ethics program, even where high level or substantial authority personnel are involved in the offense. However, the following conditions must be met: the individual(s) with "operational responsibility for the compliance and ethics program" (usually the chief compliance officer) must have had "direct reporting obligations" to the governing authority (usually the board of directors) or an appropriate subgroup thereof (e.g., an audit committee of the board of directors); the compliance and ethics program must have ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14615/3/2010 12:00:00 AMIn an April 27, 2010 decision with important implications for reinsurance arbitrations, Stolt-Nielsen S.A., et al. v. AnimalFeeds Int'l Corp., the United States Supreme Court held that it is inconsistent with the Federal Arbitration Act ("FAA") to impose class arbitration on parties where the applicable arbitration clause is silent on the issue. The litigation in Stolt-Nielsen arose from a shipping contract known as a "charter party." The charter party contract (between shipping companies and their customer AnimalFeeds) was a highly standardized contract containing an arbitration clause that did not address class arbitration. After AnimalFeeds learned of a Department of Justice investigation of the shipping companies, it brought a class action suit against the shipping companies in federal court asserting antitrust claims of alleged price fixing. The suit was consolidated with similar actions, including one in which the Second Circuit Court of Appeals eventually determined that the claims were arbitrable. The ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14755/3/2010 12:00:00 AMThis conference has become the "must attend event" for business and commercial lawyers in the region. In addition to plenary sessions of general interest to all lawyers, programs are presented by the IPBA's 16 specialist committees. The IPBA annual meeting and conference provides an opportunity for lawyers throughout the region to get to know each other better and to increase their legal knowledge and practice skills. The featured speakers are Minister Mentor Lee Kuan Yew and Former U.S. Vice President Al Gore. Jeffrey Snyder is one of the Moderators of the session entitled "CleanTech - The Implications of New Technology in a Global Crisis". http://www.crowell.com/NewsEvents/Event.aspx?id=11375/2/2010 12:00:00 AMWashington, D.C. - May 1, 2010: Crowell & Moring LLP is pleased to announce that ten lawyers and nine practice areas have been recognized in the annual PLC Which Lawyer? listings. In the USA nationwide category for best practices and attorneys, PLC Which Lawyer? Yearbook listed the following ranking: Competition/Antitrust (Recommended) In the District of Columbia category for best practices and attorneys, PLC Which Lawyer? Yearbook listed the following rankings: Competition/Antitrust (Recommended) Partner Wm. Randolph Smith Corporate/M&A (Recognized) Dispute Resolution: Arbitration Partner Arif Hyder Ali Environment (Highly Recommended) Partner Ridgeway M. Hall Jr. Partner Thomas "Tim" C. Means Partner Steven P. Quarles Partner Richard E. Schwartz Partner Ellen Steen In the Los Angeles category for best practices and attorneys, PLC Which Lawyer? Yearbook listed the following rankings: Construction (Recommended) Senior Partner Randall L. Erickson (**Note: Erickson is located in Crowell & Moring's Orange County office) In the Belgium category for ...http://www.crowell.com/NewsEvents/PressRelease.aspx?id=3015/1/2010 12:00:00 AMWashington, D.C. - May 1, 2010: For the fifth consecutive year, Crowell & Moring LLP is proud to announce that it has been listed as one of Multicultural Law Magazine's 2010 "Top 100 Law Firms for Diversity." Crowell & Moring ranked 22nd in the magazine's "Top 100 Law Firms for Diversity" survey, up from 27th last year. To determine law firm rankings, surveys were sent to law firms with 100 or more attorney s. With a circulation of over 40,000 readers, Multicultural Law Magazine highlights workplace diversity and the roles that minority and women lawyers play in today's business world. Additional rankings the firm received this year include: 10th - Top 100 Law Firms for Women listing 29th - Top 50 Law Firms for Partners 10th - Top 50 Law Firms for Associates 18th - Top 25 Law Firms for Hispanics Crowell & Moring LLP is an international law firm ...http://www.crowell.com/NewsEvents/PressRelease.aspx?id=2975/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18285/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18265/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18345/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18455/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18895/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19295/1/2010 12:00:00 AMI attach our most recent newsletter and hope that you find the articles of interest. This edition strikes me in particular as having a number of diverse issues which simply goes to show the challenges that face all practitioners in the area of health, safety and environment.    Case roundup Conciliating times? New figures released recently by ACAS show that the number of businesses and employees trying to avoid employment tribunal claims continues to rise. The monthly number of calls to the ACAS helpline offering a pre-claim conciliation (PCC) service has almost doubled since September 2009. ACAS expects the rise to continue. The PCC service was launched in April 2009 alongside the new ACAS Code of Practice on Disciplinary and Grievance Procedures. The service aims to settle workplace issues without a tribunal hearing. ACAS estimates that over 5,000 tribunal claims have been avoided already. Corporate manslaughter trial Cotswold Geotechnical Holdings ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14565/1/2010 12:00:00 AMThe keynote speaker is Condoleezza Rice, former Secretary of State. Crowell & Moring is a sponsor of this event. http://www.crowell.com/NewsEvents/Event.aspx?id=9724/30/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18914/30/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18294/30/2010 12:00:00 AMToday, 30 April, the UK antitrust regulator, the Office of Fair Trading ('OFT'), announced that it was partially abandoning its case against various supermarkets and dairy firms in relation to the exchange of pricing information. As a result, the OFT will return GB£ 50 million in agreed penalties paid by parties that had reached "early resolution" settlements. The OFT has altogether abandoned its case against Morrisons, one of two supermarkets that did not settle. The OFT will retain approximately GB£ 70 million in agreed penalties in relation to the remaining aspects of the case, and is likely to impose significant further penalties on Tesco, the other supermarket that contested the OFT's case. In September 2007, the OFT issued a statement of objections alleging that in 2002 and 2003, 5 supermarkets and 5 diary processors had colluded in relation to the retail prices of milk, cheese and butter by exchanging commercially ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14554/30/2010 12:00:00 AMThe Peruvian cities of Lima and Cusco will host the Fourth Meeting Peruvian International Arbitration with the theme: "Latin America: home of international arbitration", in April and May 2010. Participating exhibitors from Argentina, Bolivia, Brasil, Colombia, Chile, Ecuador, Spain, USA, France, Peru, Dominican Republic and Venezuela. AGENDA What requirements are necessary to be a home friendly international arbitration? Can we meet in Latin America with these requirements? What actions does it take for Peru to become a place of international arbitration? Practical development of international arbitration (written communication, evidence, hearings, questioning and cross-examination of witnesses and experts). The constitutionalization of arbitration in Latin America: Critical appraisal. The investment arbitration in Latin America. Increase in BITs, FTAs. Balance of ICSID arbitration. Is it possible that in Latin America constitute ideal venues for the settlement of investment disputes? The current development of the "umbrella clause". Henry Burnett is speaking at this event. http://www.crowell.com/NewsEvents/Event.aspx?id=11004/29/2010 12:00:00 AMJoin Crowell & Moring and Ince & Co at 5:00 pm in the Old Library at Lloyd's, for a provocative panel discussion, from the UK and US perspectives, that will: Explain why FI claims pose a real concern for reinsurers Address aggregation and other reinsurance coverage issues that are likely to arise from FI claims Discuss whether, and to what extent, companies should consider reinsurance when dealing with direct (inwards) claims Harry Cohen and Nilam Sharma are among the panelists that are participating in this discussion. http://www.crowell.com/NewsEvents/Event.aspx?id=11144/29/2010 12:00:00 AMEarlier this week, the Ninth Circuit issued its long-anticipated en banc opinion in Dukes v. Wal-Mart. Dukes v. Wal-Mart Stores, Inc., __ F.3d. __, 2010 WL 1644259 (9th Cir. April 26, 2010). The six-judge majority affirmed the trial court's decision to certify a nationwide Title VII class action against Wal-Mart Stores, Inc. Beyond the simply breathtaking result and practical implications of the decision in the Dukes case -- approval of a class action involving up to 1.5 million current and former employees -- the opinion provides another wake-up call to all large employers regarding the risks they face in 2010 and beyond as they administer pay, promotion, and performance management systems that will be characterized by plaintiffs as involving subjectivity and discretion. Dukes, following on the heels of the Lilly Ledbetter Fair Pay Act in January 2009 and renewed attention at the federal level to the Paycheck Fairness Act, underscores ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14544/29/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18184/28/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18244/28/2010 12:00:00 AMOn April 22, 2010, the Department of Defense issued proposed amendments [insert link: http://edocket.access.gpo.gov/2010/pdf/2010-9210.pdf] to the Defense Federal Acquisition Regulation Supplement ("DFARS") implementing section 207 of the Weapons Systems Acquisition Reform Act of 2009 ("WSARA"), which requires DoD to provide "uniform guidance and tighten" existing regulations governing organizational conflicts of interest ("OCI"). The deadline for submission of comments is June 21, 2010. DoD is proposing to use these new rules for all DoD procurements. Instead of being located in Part 9 (relating to contractor qualifications, responsibility, and eligibility), where the current OCI rules can be found, these new rules would be located in Part 3 (relating to improper business practices and other integrity issues). The drafters of the proposed rules have attempted to capture core concepts established by decisional law from the U.S. Government Accountability Office ("GAO") and the U.S. Court of Federal Claims ("CFC"). The basic policy reflected in ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14534/28/2010 12:00:00 AMWith increased government oversight, rigorous DCAA audits, mandatory disclosure rules, troubling cases on disallowed costs and the resurgence of TINA enforcement concerns, the stakes have never been higher for U.S. Government contractors. Coupled with the Obama administration’s tightened defense and other spending, organizations cannot afford critical cost and pricing missteps. With the heightened risks of staggering liability under the False Claims Act, and the growing threats of suspension, debarment and more, you cannot afford to miss American Conference Institute’s Advanced Forum on “Government Contract Cost & Pricing”. Unlike other training events, this advanced forum – developed through research with U.S. Government contractors – will feature an impressive faculty of government officials, leading contractors and private practice experts, who will address the most critical cost and pricing issues that can make or break your business. You will gain the latest updates and practical insights on how to stay out of trouble ...http://www.crowell.com/NewsEvents/Event.aspx?id=10054/27/2010 12:00:00 AMRobert Roth is a speaker addressing Part 2 of the "Business Law" portion of the MEDChi. http://www.crowell.com/NewsEvents/Event.aspx?id=10684/27/2010 12:00:00 AMThe National Other Party Liability Group (NOPLG) is an organization of professionals who manage Other Party Liability activities in Blue Cross Blue Shield Plans across the nation. The annual educational seminars are open to BCBS employees, BCBS subsidiary employees and BCBS OPL contractors. The event brings together participants for workshops, networking and discussion of issues involving Coordination of Benefits, Subrogation, Workers' Compensation, Medicare Secondary Payer, OPL Management and Overpayment Identification and Recovery. Robert Roth is a speaker addressing "MSP Developments Relating to Mandatory Reporting" and "Hot Medicare Secondary Payor Regulatory Topics". http://www.crowell.com/NewsEvents/Event.aspx?id=10694/27/2010 12:00:00 AMThe Construction Industry Round Table is being held at The Fairmont Hotel in Washington, DC, April 27-28. Stephen McBrady, George Ruttinger and Christopher Cheatham will speaking about "Legal Considerations When Building Green". Click for the event agenda [PDF] http://www.crowell.com/NewsEvents/Event.aspx?id=10714/27/2010 12:00:00 AMNow in its fourth year, ACI’s Paragraph IV Disputes conference has become the most trusted source for the ‘ins and outs’ of Paragraph IV litigation. This first and original conference of its kind serves as the litigation playbook for brand name and generic drug companies in the high-stakes arena of Hatch-Waxman litigation. Teresa Rea is one of the speakers addressing "New Takes on Obviousness: Pre-Suit Considerations for Brand-Names and Generics". http://www.crowell.com/NewsEvents/Event.aspx?id=10934/27/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18394/27/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18994/27/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19004/27/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19014/27/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19024/27/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19034/27/2010 12:00:00 AMIn Infiniti Info. Solutions, LLC v. U.S., the Court of Federal Claims set aside an 8(a) award made by HUD because the agency acted arbitrarily by claiming that a vendor's Small Disadvantaged Veteran Owned status was simply a "preference" when it was actually a requirement. Additionally, the Court determined that HUD improperly issued a statement of work to the vendors in contravention of SBA regulations that allow only for informal assessments of participants' capabilities. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14514/27/2010 12:00:00 AMOn April 26, 2010, the United States Department of Justice ("DOJ") announced the appointment of 15 new Assistant United States Attorneys and 20 FBI Special Agents to "aggressively" pursue domestic and international intellectual property crimes. The announcement reflects the DOJ's continued focus on IP crimes, following the establishment earlier this year of the DOJ's Task Force on Intellectual Property, after Vice President Biden's summit on intellectual property rights. In short, the DOJ is not simply declaring that IP crimes are a priority – it is devoting significant time and resources to the prosecution of IP crimes such as trade secrets theft, computer hacking, piracy and counterfeiting. In making the announcement, Acting Deputy Attorney General Gary G. Grindler, chair of the DOJ's Task Force on Intellectual Property, reassured companies and intellectual property rights holders in the United States that the increase in enforcement personnel is part of the government's commitment to ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14524/27/2010 12:00:00 AMCrowell & Moring's Fourteenth Annual Healthcare Ounce of Prevention Seminar (HOOPS) was held at our offices in Washington, DC on April 26th and 27th, 2010. The conference was designed for healthcare contractors, payors, and providers, and addressed cutting edge issues to help attendees make the most of emerging opportunities and avoid potential risk areas. See below for links to presentations and session videos. Presentation and Video Links Attacks on Health Reform and Developing Litigation Issues in the Managed Care Arena Presenters: Chris Flynn & Jeff Poston [Presentation] [Video] Class Action Settlements: Shields and Swords Presenters: Kathleen Sooy, Tracy Roman & April Ross [Presentation] [Video] Fox in the Hen House: Dealing with the Whistleblower Employee and Internal Investigation Issues Presenters: Kris Meade & Keith Harrison [Presentation] [Video] Fraud and Abuse Developments in Healthcare Reform Presenters: Shauna Alonge & John Brennan [Presentation] [Video] Health Insurance Market Reforms Under PPACA Presenter: Christine Rinn [Presentation] [Video] Healthcare Power Play: Antitrust ...http://www.crowell.com/NewsEvents/Event.aspx?id=9744/26/2010 12:00:00 AMWashington, D.C. - April 26, 2010: Crowell & Moring LLP is pleased to announce the addition of partner Mark A. Egert to the firm's New York office. Egert will draw upon 15 years of in-house counsel experience to spearhead the firm's regulatory and compliance practice serving broker-dealers, banks, asset management firms, and a variety of alternative investment client s. Egert, who joins from his role as Managing Director & Chief Compliance Officer of Cowen Group, Inc., is also the former Vice President & Associate General Counsel of the Securities Industry and Financial Markets Association (SIFMA) and Executive Director & Chief Legal Officer for the Wholesale North America Region of ABN AMRO Bank, N.V. Egert will be a partner in the firm's Corporate and Financial Services groups, leading the firm's financial institutions regulatory area, as well as a member of the firm's White Collar & Regulatory Enforcement Group. His significant experience ...http://www.crowell.com/NewsEvents/PressRelease.aspx?id=2894/26/2010 12:00:00 AMCrowell & Moring LLP is featured in BNA's Regulation & Law: Healthcare Report for comments made at the firm's annual 2010 Healthcare Ounce Of Prevention Seminar (HOOPS) seminar, by America's Health Insurance Plans President Karen Ignagni. According to Ignagni, "seven additional health system reform issues must be tackled in the wake of enactment of reform legislation, including reducing overuse of medical services and producing more primary care physicians." April 26, 2010 - BNA's Regulation & Law: Healthcare Report http://www.crowell.com/NewsEvents/NewsAll.aspx?#news3074/26/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18944/26/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18954/26/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18964/26/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18974/26/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18984/26/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18404/26/2010 12:00:00 AMOn 20 April 2010 the European Commission adopted the new block exemption regulation and guidelines for vertical agreements. The new rules will enter into force on 1 June 2010. A one year transition period applies to existing agreements. The new rules are intended to take into account market developments during the past decade, such as the increased concentration of the retail sector and the growth of online sales. The guidelines also contain new sections on specific market practices in the retail sector, such as up-front access payments and category management. The new BER for the first time introduces a 30% market share threshold for the buyer. The current BER exempts vertical agreements provided the market share of the supplier does not exceed 30% (except in case of exclusive supply for which the market share of the buyer needs to be taken into account). As from 1 June 2010 both the ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14504/26/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18054/25/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18314/23/2010 12:00:00 AMOn April 19, 2010, the United States Department of Justice ("DOJ") issued its first FCPA Opinion Procedure Release of 2010, and the first since August 2009. The Release was requested by a U.S. company ("the Company") (a "domestic concern" within the meaning of the FCPA) which had entered into a contract with a U.S. government agency to design and build a facility in a foreign country. This contract required the Company to hire individuals to work at the facility as directed by the U.S. government agency. Pursuant to the contract and at the request of the foreign country, the U.S. government agency directed the Company to hire a local individual as the Facility Director. However, this individual was simultaneously serving as a paid officer for an agency of the foreign country's government, and was therefore a "foreign official" under the FCPA. DOJ opined that it would not pursue an enforcement ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14494/23/2010 12:00:00 AMThe 53rd Annual Conference includes programming for all facets of food and drug law, including the newest area—tobacco regulation. Whether you are an experienced professional looking for in-depth discussion of the latest in drug product regulation or someone relatively new to this area interested in what food safety requirements are likely to emerge from the federal government, the Annual Conference has your programming. And by bringing together experts from regulated industry, the FDA, Congress and other stakeholders, the Annual Conference provides much more than an educational opportunity, it provides a venue to discuss and debate emerging issues—as well as to continue the dialogue about issues that have been debated and not resolved for the past 100 years. Steve Niedelman is the Moderator of a session entitled, "Medical Devices Regulation: Past, Present, Future." Cathy Burgess is also attending. Crowell & Moring is a sponsor. http://www.crowell.com/NewsEvents/Event.aspx?id=10674/22/2010 12:00:00 AMKeith Harrison is one of the speakers at this symposium. The topic is "New US Patient Protection and Affordable Care Act: What’s in for Biosimilars?" Click for the program [PDF] http://www.crowell.com/NewsEvents/Event.aspx?id=9734/22/2010 12:00:00 AMTo implement the provisions of Executive Order No. 13494, Economy in Government Contracting, the FAR Council has proposed changes to the labor relations cost principle, FAR 31.205-21, expressly to disallow the costs of activities to persuade employees to exercise or not to exercise their collective bargaining rights, such as the costs of preparing and distributing materials, legal and consultant fees, costs of meetings (including salaries of attendees), and planning and conducting activities by managers, supervisors, or union representatives during working hours. Comments on the proposed rule are due June 14, 2010. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14484/22/2010 12:00:00 AMThe theme of AIPN's Conference is "Where to Now? Current Events and Future Trends in the World's Hydrocarbon Hotspots." The program will provide an outlook on what is to come in the energy industry: A focus on new regulations and legislation Recent discoveries that underscore why various regions continue to attract interest Can foreign investment climate be expected to improve and what changes might be expected A report on current and future trends in the new upstream frontiers The 2010 Spring Conference will highlight developments in Brazil (pre-salt), West Africa, and Australia, established areas where increased activity is expected. In addition, countries that are attracting interest but have high political and legal barriers to entry, like Iraq and Mexico, will also be discussed. And, new international "frontiers", such as European unconventional gas, the Arctic "rush", and ultra-deep water development may provide a glimpse of where the industry could be headed ...http://www.crowell.com/NewsEvents/Event.aspx?id=10044/21/2010 12:00:00 AMCrowell & Moring is a sponsor of this event. Click to view the invitation http://www.crowell.com/NewsEvents/Event.aspx?id=10834/21/2010 12:00:00 AMWe are in a unique time in the history of this country when investors are looking for new talent and are open to new ideas. To meet these challenges, new companies are forming. These companies will be the leaders during the next cycle. Women have made great strides in the CRE world. The natural progression would be for women to join the ranks of the developers, institutional property owners and owners of support providers. There are opportunities for women to garner the support of the institutional investment community and governmental agencies to start their own companies in the commercial real estate world in both an ownership and support role. This seminar will provide insights into this world. Barbara Champoux is one of the featured speakers at this seminar. She is presenting the results of a CREW (Commercial Real Estate Women's Network) White Paper on "Glass Ceiling or Sticky Floor" addressing ...http://www.crowell.com/NewsEvents/Event.aspx?id=10844/21/2010 12:00:00 AMThe Fourth Circuit recently ruled that an employee who signed a general release of all federal, state and local claims in connection with his separation from his employer was subsequently barred from bringing a qui tam action under the False Claims Act (FCA). United States ex rel. Radcliffe v. Purdue Pharma, No. 09-1202, __ F.3d __ (4th Cir. 2010). The court held that where the federal government was aware of the fraudulent conduct prior to the filing of the qui tam action, the federal interest served by enforcing releases outweighed the need to provide incentives to individuals to bring qui tam claims. This case related to Purdue Pharma's allegedly fraudulent marketing of the drug OxyContin to the government between 1996 and 2005. The relator in this case, Mark Radcliffe, was a former Purdue Pharma sales representative. During his employment, he contacted the federal government anonymously and disclosed concerns regarding Purdue ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14464/21/2010 12:00:00 AMOn April 20, 2010, the Consumer Product Safety Commission's ("CPSC") notice of a proposed rule interpreting the term "children's product" was published in the Federal Register. The Consumer Product Safety Improvement Act of 2008 ("CPSIA") provides several new legal requirements and standards applicable to "children's products." The CPSIA defines "children's product" as "a consumer product designed or intended primarily for children 12 years of age or younger," and sets forth four factors relevant to the determination of whether a product is a "children's product." The proposed rule provides the following interpretation of the "children's product" definition: The phrase "designed or intended primarily" is interpreted to apply to products intended "mainly for children 12 years old or younger." (emphasis added) The statutory definition applies to those products "that children will physically interact with . . . based on the reasonably foreseeable use and misuse of such product." The CPSC uses the ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14474/21/2010 12:00:00 AMThis conference is sponsored by GWU Graduate School of Political Management and Politics Magazine. John Stewart is speaking on the topic of "The Law of Digital Communications -- Copyright, Privacy, FEC, Advertising, Libel, Fines, and More". http://www.crowell.com/NewsEvents/Event.aspx?id=11304/20/2010 12:00:00 AMAlliances with Hegazy & Associates and Al Enizy & Associates Strengthen Middle East and North Africa Capabilities [Arabic Translation - PDF] Washington, D.C. - April 20, 2010: The international law firm of Crowell & Moring LLP is pleased to announce that it has opened an affiliate office in Cairo, Egypt under the sponsorship of Hegazy & Associates, a Cairo-based law firm, and, concurrently, has entered into a strategic alliance with Al Enizy & Associates, one of Saudi Arabia's leading law firms. The Cairo office will operate under the name Hegazy & Associates in association with Crowell & Moring. The alliances have been formed in continuation of Crowell & Moring's long-term efforts to better serve North American, European, and Latin American clients with business interests in the Middle East and North Africa (MENA) region. They will serve needs ranging from public procurement and government contracting to mergers & acquisitions, corporate and ...http://www.crowell.com/NewsEvents/PressRelease.aspx?id=2884/20/2010 12:00:00 AMCrowell & Moring LLP Antitrust Group partner and co-chair Robert A. Lipstein is featured for his comments on the potential impact of the proposed new guidelines released by United States antitrust regulators, outlining how deals between competitors are scrutinized by the agencies. According to Lipstein, "Given the initial set of questions posed by the agencies at the start of the guidelines revision process, the draft guidelines contain few surprises. As expected, the market share screens have been raised to more closely correspond with actual agency practice. At the same time, and also as expected, the draft guidelines downplay the importance of market definition in the merger review process, and emphasize that the agencies will apply a number of tests to assess more directly the competitive effects of transactions." April 20, 2010 - Competition Law360 http://www.crowell.com/NewsEvents/NewsAll.aspx?#news3084/20/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18234/20/2010 12:00:00 AMOn April 13, 2010, the FAR Councils issued a final rule implementing an executive order that encourages federal agencies to use project labor agreements--defined as pre-hire collective bargaining agreements with one or more labor unions that establish the terms and conditions of employment for a specific project--for federal construction contracts, when the total cost to the government is $25 million or more. If an agency determines that such agreements would "[a]dvance the Federal Government's interest in achieving economy and efficiency in Federal procurement producing labor-management stability, and ensuring compliance with laws and regulations governing safety and health, equal employment opportunity, labor and employment standards, and other matters," it must insert a solicitation and/or contract provision requiring prime contractors and subcontractors (if engaged in construction services) to negotiate a project labor agreement with one or more labor unions for the term of the construction contract. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14434/20/2010 12:00:00 AMYesterday, the Supreme Court granted certiorari in the case of Costco v. Omega1, a copyright dispute that could have profound implications for the ability of manufacturers engaged in global trade of IP-intensive goods to manage distribution of their goods in multiple markets. Specifically, should the Supreme Court reverse the lower court’s ruling, the practical effect will be that U.S. copyright owners whose goods are manufactured and first sold overseas may lose the right to control whether, at what price, and under what other conditions those goods subsequently are resold and imported into the United States. This would make market segmentation and destination pricing – which are strategically critical for many manufacturers of IP-intensive goods – substantially more difficult. Although the question before the Court is limited to interpretation of a provision of the Copyright Act, a broadening of the first sale rule could spill over into the patent area, affecting ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14444/20/2010 12:00:00 AMToday, the FTC and DOJ jointly issued their proposed revision of the Horizontal Merger Guidelines. The Guidelines, which have not been updated in more than a decade, outline how the agencies evaluate the likely competitive impact of proposed mergers and acquisitions and assess whether to challenge individual transactions. This proposed revision is intended to more accurately reflect the agencies' current policies and practices, and further reflects the Obama administration's more aggressive approach to antitrust enforcement. As expected, the agencies' proposal includes several material changes to the existing Guidelines. In particular, the proposed revisions provide for a flexible fact-specific inquiry into the merits of the transaction, eliminating the current, structured methodology. The Guidelines focus extensively on methods for directly determining competitive effects, and significantly decreases the role and importance of market definition. As examples, the Guidelines indicate that the agencies will look at actual effects arising from consummated mergers (but the ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14454/20/2010 12:00:00 AMCrowell & Moring, in conjunction with Bloomberg, invites you to a panel discussion on the latest developments in, and forecasts for, UK mid-market M&A. Joel Wheeler is the Chair of this panel. The panel also includes David Smith, Economics Editor, The Sunday Times, David Brooks, Head of M&A, Grant Thornton, Darryl Eales, CEO of LDC Private Equity and Mark Medd, Area Director, Lloyds TSB. http://www.crowell.com/NewsEvents/Event.aspx?id=10824/19/2010 12:00:00 AMThe International Centre for Dispute Resolution ® (ICDR) and the Association of International Petroleum Negotiators (AIPN) jointly present a panel of international corporate counsel and arbitration experts in an important—an essential—conference covering all aspects of global energy disputes. Arif Ali and Pieter Bekker are speaking at this conference. Mr. Ali is Chair of a Breakout Session entitled "Regional Oil & Gas Disputes." Mr. Bekker is part of a session examining the Arctic as the next area in the world for emerging boundary disputes. Henry Burnett will also be participating. http://www.crowell.com/NewsEvents/Event.aspx?id=10064/19/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18114/18/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18034/16/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18254/16/2010 12:00:00 AMThe Bribery Act 2010 received the Royal Assent as part of the "wash up" procedure that allows bills before parliament at the time of dissolution to become law where all parties are satisfied that the legislation is fit for purpose. It is not yet in force and is unlikely to be so for some time during the hiatus caused by the General Election and the range of underlying issues that need to be resolved before it can be fully introduced. The new Act brings in a much simplified approach to proving bribery and represents what the sponsoring Government Minister referred to as a "gold standard" piece of legislation which is more onerous than that of most other countries around the globe, including those who are signatories to the OECD convention. As well as being a significant departure from the previous law, it also risks criminalising much behaviour which would previously ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14414/16/2010 12:00:00 AMYesterday, Sen. Frank R. Lautenberg (D-NJ) introduced S. 3209, the Safe Chemicals Act of 2010 (S. 3209 or The Safe Chemicals Act) to reform and modernize TSCA. Sen. Lautenberg's legislation builds upon the Kid-Safe Chemicals Act of 2008. The Safe Chemicals Act includes provisions that contain concepts similar to those utilized by the European Union's legislation concerning the Registration, Evaluation, Authorization and Restriction of Chemicals (REACH), but does not contain some of the more structured mandates of the EU legislation. One of the most significant provisions in the Safe Chemicals Act is that manufacturers must demonstrate existing and new chemicals meet the safety standard of "reasonable certainty of no harm." The bill defines this standard as "a negligible risk of any adverse effect on the general population or a vulnerable population" from aggregate and cumulative exposure to a chemical or mixture of chemicals. Should EPA determine that a manufacturer has ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14424/16/2010 12:00:00 AMThis conference will offer an overview of the latest innovations in European legislative activity and the most important recent case law and pending judgments of the Court of Justice of the European Union (CJEU) affecting the pharmaceutical sector. Sean-Paul Brankin will address "Practical advice on patent strategies and settlement agreements". Click for the event brochure [PDF] http://www.crowell.com/NewsEvents/Event.aspx?id=10704/15/2010 12:00:00 AMThis advanced one-day course of study gives its registrants the opportunity to acquire an in-depth understanding of the laws governing hazardous substances, as well as up-to-date information on federal enforcement of statutes regulating them and remediation actions. Elliott Laws, Duane Siler and Chet Thompson are Planning Chairs and members of the Faculty. Peter Robertson is also a member of the faculty. He is part of a Webcast Roundtable entitled "State and Local Perspectives: Mayors, Attorneys General, and Commissioners". Crowell & Moring is sponsoring and hosting this event. http://www.crowell.com/NewsEvents/Event.aspx?id=10924/15/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles17994/15/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18264/15/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18304/15/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19284/15/2010 12:00:00 AMIn Rapiscan Sys., Inc. (Mar. 15, 2009), a case handled by C&M, GAO sustained a protest of the award of a purchase order under a Federal Supply Schedule ("FSS") solicitation when the awardee's FSS contract did not include one of the solicitation's required line items. Although the awardee priced the non-FSS item at $0, GAO concluded that the micro-purchase exception did not apply, because the vendor's quotation also stated that the non-FSS item's price (which exceeded the $3,000 micro-purchase threshold) was included in the price of an FSS item. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14404/15/2010 12:00:00 AMA comprehensive course in Government contract requirements with key instruction by specialists in accounting and law. Now required for both Defense and Civilian agencies. Includes coverage of new developments and any prospective implications of the Pension Protection Act of 2006. Terry Albertson will speak on Day 2 of this seminar on the topic of "Compensation of Personnel." http://www.crowell.com/NewsEvents/Event.aspx?id=9934/14/2010 12:00:00 AMThe IP Counsel Café is committed to keeping you at the forefront of IP law. To that end, they conduct extensive research and work closely with the legal community to design conference programs that meet your professional and business development needs. Unique and forward-thinking, their agendas are filled with interactive panel discussions, round-tables, and workshops that examine your concerns in a new light. Meet your peers and other industry leaders in a casual café-setting. Beatrice Nguyen and Kim Nobles are speaking at this conference. http://www.crowell.com/NewsEvents/Event.aspx?id=9714/14/2010 12:00:00 AMThis is a conference presented by the International Bar Association ("IBA") Litigation Committee and supported by the IBA Corporate Counsel Forum and the IBA North American Regional Forum. This forum between in-house and external counsel provides an unparalleled opportunity to learn about the latest approaches to managing complex litigation from many of the world’s leading in-house lawyers and the outside counsel they select for their most important cases. For internal counsel, it provides vital information on evolving global best practices. For external counsel, it provides a rare opportunity to hear what sophisticated clients want and get from their ‘go to’ firms. Confirmed speakers include in-house counsel who manage litigation around the world for companies including The Bank of New York Mellon Corporation, Christie's Inc., Ernst & Young LLP, General Dynamics Corporation, International Air Transport Association, Japan Tobacco International, Lockheed Martin Corporation, Marriott International Inc., Pfizer Inc., Reed Elsevier PLC, Royal ...http://www.crowell.com/NewsEvents/Event.aspx?id=9614/14/2010 12:00:00 AMSpring conference sessions include: An opening plenary on legal writing presented by The Honorable Antonin Scalia, Associate Justice, Supreme Court of the United States and Bryan Garner. An examination of the interface between emerging social media and law firm culture and practice. A survey of new web-based products that can make the practice of law more effective, and more affordable. An examination of whether emergent legal technology is transforming legal standards of care? An entertaining look at how the best poker strategies and current psychological research can give you a negotiating edge. A careful review of important new case law and its implication for lawyers’ professional liability practice. How intentional tort and fraud claims can transform a garden-variety malpractice claim into a complex litigation puzzle. Legal malpractice trends and developments in the real estate realm. The potential for malpractice liability in international practice settings. A roundtable discussion on the teaching ...http://www.crowell.com/NewsEvents/Event.aspx?id=10654/14/2010 12:00:00 AMJerry Canada will speak on "Under Siege - Ethically Sharing the Foxhole with Directors & Officers of Financially Distressed Companies." http://www.crowell.com/NewsEvents/Event.aspx?id=11694/14/2010 12:00:00 AMThe Departments of Labor, Treasury and Health and Human Services have issued a Federal Register notice requesting public comment on a series of questions concerning new Section 2718 of the Public Health Service Act, enacted as part of the Patient Protection and Affordable Care Act which became law on March 23rd. The questions involve new requirements requiring reporting of individual and group market expense ratio information by insurance carriers, payment of rebates to enrollees if an issuer's clinical and quality improvement expense ratios do not satisfy statutory thresholds and establishment of key definitions required for administration of the new requirements. Another provision conditions qualification of certain non-profit health insurers for special tax deductions on the insurer maintaining a specified ratio of claim services reimbursement to total premium revenue. The notice seeks public comment on a broad range of questions about current industry and state regulatory practices bearing on the subjects ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14394/14/2010 12:00:00 AMRobert Roth is a speaker addressing the "Business Law" portion of the MEDChi. http://www.crowell.com/NewsEvents/Event.aspx?id=10664/13/2010 12:00:00 AMThe ABA International Law Section's Spring Meeting commences with a special series of programs, the International Law Boot Camp (ILBC) featuring the "Fundamentals of International Practice." The ILBC is a full day continuing legal education program that seeks to provide attendees with an introductory look at international aspects of several substantive areas of law and expand their knowledge of key legal issues that arise in the context of international practice. Panels of experienced speakers will discuss topics such as drafting an international contract, cross-border litigation and dispute resolution, international taxation and ethics in international practice. Birgit Kurtz will discuss the Hague Service and Evidence Conventions as part of the Cross-Border Litigation and Dispute Resolution panel; Monica Parham is the Moderator on the topic of "The Global War for Talent: Who's Winning?"; Michael Martinez is a panelist on "Common Law Summary Judgment in International Arbitration?"; Peter Kiernan is a panelist on ...http://www.crowell.com/NewsEvents/Event.aspx?id=10274/13/2010 12:00:00 AMCrowell & Moring LLP Antitrust Group partner and co-chair Robert A. Lipstein talks about the international implications that lawyers should consider when drafting IP licenses for clients. One important consideration for IP licenses is the jurisdiction where the license will be in effect. According to Lipstein, "If you structure the license to comply only with the most lenient antitrust environment, you're likely to run into issues where enforcement is less lenient." April 13, 2010 - Intellectual Property Law360 http://www.crowell.com/NewsEvents/NewsAll.aspx?#news3104/13/2010 12:00:00 AMThe American Council on Germany and American Friends of Bucerius will cosponsor a discussion and luncheon with Hendrik Ankenbrand, Business Correspondent with the Frankfurter Allgemeine Zeitung and Bucerius Fellow at Harvard University’s Center for European Studies, as part of their joint Discussion Series: Talking About China: Europe, China, and the United States in the 21st Century. Mr. Ankenbrand will speak about “The End of Chimerica: A Threat to the United States and Germany?” Birgit Kurtz is participating and Crowell & Moring is hosting this event. http://www.crowell.com/NewsEvents/Event.aspx?id=10814/12/2010 12:00:00 AMThe guest speaker will be Dr. José Antonio Ocampo, author of more than 30 books, Former Minister of Finance and Public Credit of Colombia, Professor, School of International and Public Affairs, Columbia University and Former Under Secretary General for Economic and Social Affairs of the United Nations. Click to view Dr. Ocampo's biography This event will be held at Crowell & Moring's New York Office. Registration and cocktail reception will start a 5:30pm in conference room 20A, followed by a presentation at 6pm. Click to register Henry Burnett will be participating. http://www.crowell.com/NewsEvents/Event.aspx?id=11154/12/2010 12:00:00 AMIn response to the recent revision to the travel cost rule at FAR 31.205-46(b) and (c), which now limits allowable airfare costs to the lowest airfare available to the contractor, DCAA issued guidance on March 22, 2010, that identifies the "lowest airfare available" as that available to the contractor through direct negotiation with airlines or travel agents. The guidance advises that contractors' policies and procedures should provide for (a) documented, advance planning of travel that considers nonrefundable airfares and lower airfares negotiated with airlines, travel service providers, and credit card companies and (b) obtaining quotations from competing airlines or travel service providers. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14384/12/2010 12:00:00 AMCongress has enacted, and the President signed into law on March 23rd the Patient Protection and Affordable Coverage Act of 2010. On March 30th, Congress passed and the President signed amendments to the Act in the Health Care and Education Reconciliation Act of 2010. Our comprehensive title by title summary of the reform legislation is now available. Click here to view or download a PDF. This summary was prepared by Crowell & Moring attorneys Christine Rinn, Arthur Lerner, John Brennan, Beth Newsom, David O'Brien, Michael Paddock, Robert Roth, Barbara Ryland, Kathleen Stratton, Chandra Westergaard, Kristina Pisanelli, Amy Lee, Matt Fornataro, Kathryn Almar, Jacinta Alves and Elliot Golding. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14374/9/2010 12:00:00 AMOn April 8, Representative Edward Markey (D-Mass.), chairman of the House Energy and Commerce Subcommittee on Energy and Environment, called for a ban on many applications of the antimicrobial chemical triclosan, which has widespread use in such diverse products as liquid soap, hand sanitizer, cosmetics, socks, workout clothes, and toys. He simultaneously announced plans to introduce legislation that would accelerate the evaluation and regulation of substances such as triclosan that may harm the human endocrine system. Pressured by a steady stream of press reports and new "studies" flagged by environmental interest groups, triclosan is only the latest of what is fast becoming a "hit list" of chemical targets. Chairman Markey's call for a ban of triclosan occurred in conjunction with the release of correspondence from the Environmental Protection Agency (EPA) and Food and Drug Administration (FDA) that revealed concerns about the possible health effects of the substance. In particular, the ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14994/9/2010 12:00:00 AM2009 was a record year for recoveries due to fraud and abuse in the healthcare industry. Recent government settlements included $100 million from one hospital and $2.3 billion from a major pharmaceutical. Clearly, healthcare fraud is a top priority for federal government enforcement. Moreover, key changes to False Claims Act (FCA) in the Fraud Enforcement and Recovery Act of 2009 (FERA) expanded liability of healthcare providers and significantly extended the Department of Justice’s investigational authority. As federal and state authorities continue to vigorously pursue and prosecute healthcare fraud and abuse, healthcare providers and counsel must scrutinize internal compliance programs to minimize and mitigate risks of FCA violations and whistleblowers actions. The authoritative panel of healthcare attorneys examines the impact on the healthcare industry of recent FCA changes and the passage of FERA, discusses current government enforcement trends, and offers strategies for implementing and maintaining compliance programs. Michael Paddock is speaking ...http://www.crowell.com/NewsEvents/Event.aspx?id=10584/8/2010 12:00:00 AMPresented by the American Bar Association Tort Trial & Insurance Practice Section's Toxic Torts and Environmental Law Committee, the meeting will offer CLE programs on an outstanding array of issues facing the toxic tort and environmental practitioner, including some emerging “hot” issues, such as globalized litigation and wind energy projects. There will also be panels addressing insurance coverage issues in the toxic tort and environmental contexts, as well as public nuisance tort litigation. Beth Kramer and Natalia Medley are attending and Crowell & Moring is a sponsor of this event. Click for the event brochure [PDF] http://www.crowell.com/NewsEvents/Event.aspx?id=10594/8/2010 12:00:00 AMAs part of its activities, the Vale Columbia Center creates opportunities for leading experts from academia, government, business and non-governmental organizations to exchange views, explore new ideas and help set the policy agenda. For this purpose, it arranges conferences, symposia, and a speakers' series. David Caron, C. William Maxeiner Distinguished Professor of Law, University of California at Berkeley will address "Investment Arbitration and the Distinction between Appeal and Annulment." Pieter Bekker is the moderator for this event and Crowell & Moring is the sponsor. http://www.crowell.com/NewsEvents/Event.aspx?id=10504/8/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18144/8/2010 12:00:00 AMThis year's conference will include presentations by outside and in-house counsel experienced in issues such as trial tactics, jury selection, the U.S. Consumer Product Safety Commission, warnings, and Daubert issues to name a few. In addition, there will be 18 Specialized Litigation Group Workshops where attendees can hone their skills in specific practice areas. The Young Lawyers have a stellar slate of presenters designed for less experienced attorneys to hone their more basic skills. Not only will the seminar offer 18.5 hours of outstanding CLE, but this is THE place to network with the elite in house and outside products counsel in the country. Dan Campbell and Andrew Kaplan will attend this conference. Click for the event brochure [PDF] http://www.crowell.com/NewsEvents/Event.aspx?id=10164/7/2010 12:00:00 AMIssues to be discussed: Overview of mass tort/bankruptcy landscape: where have we been so far? Legislative and judicial initiatives: asbestos-related legislation, FJC Mass Tort Bankruptcy Manual, etc. ADR and mass torts Insurance issues Mark Plevin is one of the speakers at this teleconference. http://www.crowell.com/NewsEvents/Event.aspx?id=10624/7/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18484/7/2010 12:00:00 AMOn April 6, 2010, CMS issued a final rule that revises regulations governing the Medicare Advantage program and the Part D prescription drug benefit program. The proposed rule was issued on October 22, 2009. Click here for our summary on Crowell.com. According to CMS, the final rule strengthens beneficiary protections, ensures that plan offerings to beneficiaries include meaningful differences, improves plan payment rules and processes, strengthens various program participation and exit requirements, improve data collection for oversight and quality assessment, implement a new Part D formulary policy, and clarify or add other important program requirements. The final rule also includes a dispute and appeals process for risk-adjustment data validation. The final rule will be published in the Federal Register on April 15, 2010, but is available now at http://www.federalregister.gov/inspection.aspx#special http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14354/7/2010 12:00:00 AMOn February 25, David Bodenheimer of Crowell & Moring testified at a House Armed Services Subcommittee hearing on private sector views on DoD information technology and cybersecurity initiatives, where he underscored the importance of real public-private partnerships because "the Defense Department and industry will either succeed together -- or fail separately." In his testimony, he also emphasized the private sector's need for (1) liability protection similar to the SAFETY Act coverage for contractors supporting DoD cyber initiatives; (2) effective, two-way information sharing between DoD and the private sector; (3) dispute resolution mechanisms to assure prompt due process before DoD pulls the plug on a contractor's connection to the information network; and (4) clear, firm, and consistent cybersecurity standards so that contractors do not face a kaleidoscope of conflicting requirements. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14364/7/2010 12:00:00 AMIn United Technologies Corp. v. DoD, the DC Circuit set aside a DCMA decision to release under FOIA certain Corrective Action Requests (CARs) from DCMA regarding alleged problems with Sikorsky and Pratt & Whitney manufacturing processes. Although the court found that the competitive harm that could result from their competitors using that information to discredit Sikorsky and Pratt & Whitney in the marketplace is not the type of harm that Exemption 4 was designed to protect, the court nonetheless found that the information was not releasable because DoD had not rebutted Sikorsky and Pratt & Whitney's argument that the CARs disclosed proprietary information regarding their manufacturing processes that would allow their competitors to improve their own manufacturing and quality control systems to the competitive detriment of Sikorsky and Pratt & Whitney. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14344/5/2010 12:00:00 AM Other sections of this issue: Privacy & Data Protection | ISP-Liability & Media Law | Contracts & E-Commerce | Electronic Communications & IT EU Commission adopts new standard contractual clauses for the transfer of personal data The European Commission has adopted on February 5, 2010, a Decision that updates the standard contractual clauses for the transfer of personal data to processors established outside the European Economic Area in countries that are not recognized as offering an 'adequate level of data protection'. With respect to international transfers of personal data to countries outside of the European Economic Area, Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data provides that transfers to such third countries of personal data, which are undergoing processing or are intended for processing after transfer, may take place only if the third country ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14304/2/2010 12:00:00 AM Other sections of this issue: Privacy & Data Protection | ISP-Liability & Media Law | Contracts & E-Commerce | Electronic Communications & IT New guidance from the European Court of Justice (“ECJ”) on the application and interpretation of the legislation on ISP-liability In its recent ruling of 23 March 2010, the Google Adwords case, the ECJ interpreted the provisions of Directive 2000/31 setting out the conditions under which Internet service providers ("ISP’s") can be held liable for infringements of intellectual property rights committed by users of their service. The Court provided guidance on these issues before referring the case back to the national court. Further guidance from the ECJ can be expected in the Sabam/Scarlet case, which the Brussels Court of Appeal referred for a preliminary ruling to the ECJ. Court of Justice of the EU, Google vs. Louis Vuitton In its recent ruling of 23 March 2010, known ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14314/2/2010 12:00:00 AM Other sections of this issue: Privacy & Data Protection | ISP-Liability & Media Law | Contracts & E-Commerce | Electronic Communications & IT Articles European Commission to take a more coherent approach to (online) gaming Meaning of "All Reasonable Endeavours" European Commission to take a more coherent approach to (online) gaming After years of ad hoc rulings by the European Court of Justice and several hints from the European Parliament and the EU Council in that sense, the EU Executive body finally seems to be planning a more systematic and pan-European approach to gaming and betting in the Internal Market. On 11 February 2010, Internal Market Commissioner Michel Barnier announced that the European Commission "does not exclude" alternative solutions to individual infringement procedures against member states on gambling. Little over a year ago, the European Parliament and the EU Council of Ministers had already called upon theEuropean Commission to ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14324/2/2010 12:00:00 AM Other sections of this issue: Privacy & Data Protection | ISP-Liability & Media Law | Contracts & E-Commerce | Electronic Communications & IT European Commission accepts commitments from Rambus in 'patent ambush' case On 9 December 2009, the European Commission adopted a decision that makes legally binding commitments offered by Rambus which put a cap on royalty rates for certain of Rambus’ patents on “Dynamic Random Access Memory” (DRAM) chips. Most standard setting organizations have rules that require participants to disclose patents and patent applications that are essential to the standard prior to its adoption, and to license patents incorporated into the standard on terms that are fair, reasonable and non-discriminatory (FRAND). The transparency created by such disclosure is intended to foster competition for incorporation into the standard between different technologies. The FRAND requirements ensure that royalties charged for essential patents do no impede adoption of the standard. A ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14334/2/2010 12:00:00 AMAs part of its activities, the Vale Columbia Center creates opportunities for leading experts from academia, government, business and non-governmental organizations to exchange views, explore new ideas and help set the policy agenda. For this purpose, it arranges conferences, symposia, and a speakers' series. Theodore Posner will address "Appeals from investor-state awards: an examination of whether and how." Pieter Bekker is the moderator for this event and Crowell & Moring is the sponsor. http://www.crowell.com/NewsEvents/Event.aspx?id=10494/1/2010 12:00:00 AMWashington, D.C. – April 1, 2010: For the third consecutive year, Crowell & Moring LLP is pleased to announce that the firm's International Arbitration practice has been included in Global Arbitration Review's (GAR) 2010 edition of the GAR 100, a guide to the top 100 law firms with international arbitration capabilities. GAR is one of the leading journals of public and private arbitration. According to GAR, "Crowell & Moring is one of a group of US arbitration practices...that have been on growth-charge in the past few years…(now) the big news is everything still seems to be going through a growth spurt. The firm had reports adding six associates, all of whom had an arbitration focus. They added Russian, Brazilian-Portuguese and NAFTA to the languages the team could now speak. On top of that, it made two partner-level laterals, plus it enjoyed the group's first homegrown success in Crowell & Moring ...http://www.crowell.com/NewsEvents/PressRelease.aspx?id=2924/1/2010 12:00:00 AMWashington, D.C. - April 1, 2010: Crowell & Moring LLP is pleased to announce that Law360 has recognized three firm partners in the legal newswire's first-ever "Rising Legal Stars Under 40" exclusive list. After receiving hundreds of nominations, the following Crowell & Moring attorneys were recognized: Bridget E. Calhoun (Product Liability Law360's "10 Under 40: Rising Star") - Partner with Crowell & Moring LLP, co-chair of the firm's Product Risk Management practice, and member of the firm's Antitrust and Torts groups Christopher E. Ondeck (Competition Law360's "10 Under 40: Rising Star") - Partner with Crowell & Moring LLP and vice-chair of the firm's Antitrust Group Daniel A. Sasse (Competition Law360's "10 Under 40: Rising Star") - Partner with Crowell & Moring LLP and member of the firm's Antitrust Group Law360 is an online newswire that distribute legal news daily on major litigation, lawsuit filings, settlements, verdicts and court news. Crowell ...http://www.crowell.com/NewsEvents/PressRelease.aspx?id=2954/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18144/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18154/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles17934/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles18354/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18524/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18384/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18464/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18414/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18424/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18444/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18074/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18094/1/2010 12:00:00 AMIn McCarthy/Hunt, JV (Feb. 16, 2010) and B.L. Harbert-Brasfield & Gorrie, JV (Feb. 16, 2010), GAO found that the awardee had both an "unequal access to information" and a "biased ground rules" OCI when a firm, which was negotiating to acquire the awardee's design subcontractor, had performed procurement planning and development services for the procurement at issue, including preparation of design documents, plans, specifications, and cost estimates. GAO presumed prejudicial impact from the OCIs and recommended that the Army Corps of Engineers eliminate the awardee from the competition because (i) the awardee could have had access to helpful information beyond what was disclosed in the solicitation (e.g., the agency's unstated priorities, preferences, and dislikes), and (ii) the competition could have been skewed in favor of the awardee by virtue of the fact that the entity negotiating to acquire the awardee's design subcontractor played a role in preparing the solicitation requirements. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14284/1/2010 12:00:00 AMPresident Obama has filled two of the three vacancies at the National Labor Relations Board with recess appointments. Joining union-side labor lawyer William Pierce is Craig Becker. Becker is a long-time senior lawyer for the SEIU, and has been a staff attorney with the AFL-CIO since 2004. Becker's appointment has generated enormous controversy. Senate Republicans unanimously joined business groups in opposing the nomination. The principal reason is concern that Becker's views on labor law are outside the historical mainstream. Sen. John McCain (R-Az.) described Becker's appointment as "clear payback by the Administration to organized labor." There has been plenty of speculation about the effect of these appointments on the labor law landscape. Here's what can be said with certainty. Becker is a widely published academic, having served a stint as a law professor at UCLA. His writings are highly critical of current interpretations of key provisions of labor law. Becker ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14294/1/2010 12:00:00 AMThe UIA is proud to present its first international seminar organised in Syria, jointly with the Syrian Bar Association. Samaa Haridi is one of the panelists on the subject of "The Role of State Courts in Arbitration: When and How to Interpret, Implement or Disregard an Arbitration Clause?" http://www.crowell.com/NewsEvents/Event.aspx?id=10033/31/2010 12:00:00 AMDaniel A. Sasse, partner with Crowell & Moring LLP and member of the firm's Antitrust Group, is featured in a Competition Law360's "10 Under 40: Rising Star" feature for his practice, the complexity of his cases, and his most notable accomplishments as a lawyer. After receiving hundreds of nominations, the list was narrowed down to ten attorneys under the age of 40 in each of the following practice areas: intellectual property, employment, bankruptcy, corporate finance, competition, energy, environmental, securities, insurance, product liability, appellate and international trade. March 31, 2010 - Competition Law360 http://www.crowell.com/NewsEvents/NewsAll.aspx?#news3003/31/2010 12:00:00 AMThe Fraud Enforcement and Recovery Act of 2009 was just the beginning of dramatic changes to the False Claims Act (FCA). Two recent developments significantly erode the FCA's protections against qui tam actions that are parasitic or mere fishing expeditions. In particular, they may make it more difficult for defendants to dispose of such cases at the motion to dismiss stage, thereby increasing the costs of defending such suits. Delegation of Authority To Issue Civil Investigative Demands When Congress enacted the Fraud Enforcement and Recovery Act of 2009 ("FERA"), it gave the Attorney General the authority to delegate to the "designee" of his choosing the right to issue Civil Investigative Demands (CIDs). By a Final Rule published on March 24, 2010, all U.S. Attorneys were delegated the authority to issue CIDs. The Attorney General had already previously delegated to the Assistant Attorney General for the Civil Division the Attorney General's ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14273/31/2010 12:00:00 AMMichael J. Songer, partner in Crowell & Moring's Intellectual Property Group, wrote an article for Managing Intellectual Property on the Economic Espionage Act and how companies can protect their intellectual property rights while taking into consideration the high costs associated with civil litigation. http://www.crowell.com/NewsEvents/Publications.aspx?#articles18373/30/2010 12:00:00 AMPresident Obama signed the Patient Protection and Affordable Care Act ("PPACA") on March 23, 2010. Thus, the clock started running on one of the most urgent requirements imposed by that Act -- that Medicare and Medicaid overpayments be "reported and returned" within 60 days after they are "identified." PPACA §6402(a). This new requirement, which is but one aspect of the program integrity provisions in section 6402(a), applies to providers, suppliers, Medicaid managed care organizations, Medicare Advantage organizations, and PDP sponsors, and requires the return of any "funds that a person receives or retains under [Medicare] or [Medicaid] to which the person, after "corresponding" reconciliation, is not entitled…." Because the obligation to report and return overpayments became effective upon enactment, overpayments that were "identified" on or before the effective date (March 23, 2010) must be reported and returned by May 22, 2010. The new law does not define, and thus leaves ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14253/30/2010 12:00:00 AMOn March 25, 2010, OMB issued amended guidance on implementation of the Buy American provision of the American Recovery and Reinvestment Act of 2009, 75 Fed. Reg. 14323, effective immediately, which (1) changed the threshold that applies to international agreements from $7,430,000 to $7,804,000; (2) added Chinese Taipei (Taiwan) as a party to the WTO Government Procurement Agreement; and (3) added the Canada/US Agreement on Government Procurement, effective February 16, 2010. That agreement, among other things, opens up certain Recovery-Act funded programs of the Rural Utilities Service, Ag Dept., DoE, HUD, and EPA to Canadian iron, steel, and manufactured goods. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14263/30/2010 12:00:00 AMPerhaps one of the most interesting takeaways from SIA's Annual Conference last Fall was the perception that senior DDTC management understood certain provisions of the International Traffic in Arms Regulations (ITAR) served no particular useful purpose. This morning, DDTC published in the Federal Register a proposed rule to eliminate one such provision, the longstanding requirement in Section 126.8 to obtain approval (or in some cases to notify DDTC) of certain proposals to sell or manufacture abroad significant military equipment, acknowledging that the limited benefit of this advance approval /notice did not justify the compliance burden on industry. Let's hope this proposed rule can be quickly finalized (the comment period runs until May 28, 2010) and that further changes along these lines are in store. One potential issue with this proposed rule is it will eliminate the definition of "proposal and presentation" which has been useful in interpreting other ITAR provisions ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14233/29/2010 12:00:00 AMIn Resource Conservation Group, LLC v. United States (Mar. 1, 2010), the Federal Circuit found that the Court of Federal Claims had jurisdiction to adjudicate a protest involving a Navy solicitation to lease its own real property to another party. GAO and CFC had each dismissed the protest, but the Federal Circuit held that, although there was no jurisdiction under the bid protest provision inserted by the Administrative Dispute Resolution Act because the Navy's attempt to lease its own property was not a government procurement, the Tucker Act's pre-ADRA, implied-in-fact contract jurisdiction for nonprocurement protests survived because ADRA did not otherwise provide a remedy for such disputes. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14243/29/2010 12:00:00 AMThe Wharton School is pleased to be hosting the 14th Annual Wharton India Economic Forum. The theme for this year’s conference is “India: Breaking Boundaries” and the focus will be on bringing together prominent personalities and thought leaders to discuss how India continues to position itself to compete and succeed in the rapidly changing global environment. This event is a leading business forum for thought-leaders, professionals, alumni, faculty and students to discuss the unprecedented opportunities that lie in India's way and the challenges that need to be addressed to realize these opportunities. Dana Contratto is one of the speakers at this forum. He is on a Panel entitled "Environmental Sustainability and Renewable Energy". http://www.crowell.com/NewsEvents/Event.aspx?id=10913/27/2010 12:00:00 AMThe New York Intellectual Property Law Association will host the 88th Annual Dinner in Honor of the Federal Judiciary which will be held on March 26th, 2010 at the Waldorf-Astoria Hotel. This year's Keynote Speaker will be Mario Cuomo, and the NYIPLA's Eighth Annual Outstanding Public Service Award will be presented to the Honorable Richard Linn, Circuit Judge of the US Court of Appeals for the Federal Circuit. Crowell & Moring's Intellectual Property Practice will host pre- and post-Dinner receptions in the Marco Polo Room on the Lobby Level. http://www.crowell.com/NewsEvents/Event.aspx?id=10153/26/2010 12:00:00 AMChristopher E. Ondeck, partner with Crowell & Moring LLP and vice-chair of the firm's Antitrust Group, is featured in a Competition Law360's "10 Under 40: Rising Star" feature for his practice, the complexity of his cases, and his most notable accomplishments as a lawyer. After receiving hundreds of nominations, the list was narrowed down to ten attorneys under the age of 40 in each of the following practice areas: intellectual property, employment, bankruptcy, corporate finance, competition, energy, environmental, securities, insurance, product liability, appellate and international trade. March 26, 2010 - Competition Law360 http://www.crowell.com/NewsEvents/NewsAll.aspx?#news3013/26/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18013/26/2010 12:00:00 AMLost in much of the political fanfare surrounding healthcare reform is that, for the first time, a regulatory pathway for the approval of biosimilar medicines was created when President Obama signed healthcare reform legislation into law. While the European Union has had a regulatory pathway for biosimilars since 2006, the United States, which is by far the world's largest potential market for biosimilars, has not--until now. The Senate Healthcare Reform Bill that was signed by the President this week will be unchanged by any pending House of Representative amendments. The biosimilar regulatory pathway is now law.The biosimilar regulatory pathway is based on the innovator's or "reference product's" prior FDA approval and determination of safety, purity and potency. Biosimilar applications will be reviewed by the same FDA division as the reference product. To be approved, the application must satisfy two standards: Biosimilar-requires analytics demonstrating that product is "highly similar", preclinical, clinical ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14213/26/2010 12:00:00 AMIn Perot Sys. Govt. Servs., Inc. (Jan. 21, 2010), GAO affirmed GSA's rejection of the protester's quote on the basis that Perot quoted rates it was negotiating with GSA for a five-year extension of its FSS contract that were higher than its current, GSA-approved rates. GAO made clear that, even if an RFQ's language about pricing appears to allow the quotation of non-approved rates, it must be read in a manner consistent with FAR Part 8.4, which requires vendors in FSS purchases to quote schedule prices that are published and that have been determined to be fair and reasonable by GSA. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14223/26/2010 12:00:00 AMAs part of its activities, the Vale Columbia Center creates opportunities for leading experts from academia, government, business and non-governmental organizations to exchange views, explore new ideas and help set the policy agenda. For this purpose, it arranges conferences, symposia, and a speakers' series. Yasmin Shaker, Counsel for the Trade Law Bureau, Department of Foreign Affairs and International Trade, Government of Canada will address "Damages: does the law matter?" Pieter Bekker is the moderator for this event and Crowell & Moring is the sponsor. http://www.crowell.com/NewsEvents/Event.aspx?id=10483/25/2010 12:00:00 AMIBC Legal Conferences is proud to announce its third annual event CARTEL RISKS & COMPLIANCE 2010 in Brussels which offers practical advice and a crucial update on current major cartel developments in Europe, including leniency, settlements, private actions and criminalisation. Sean-Paul Brankin and Rob Murray will speak at this conference. Mr. Brankin's topic is "Information exchange & hub and spoke cartels". Mr. Murray's topic is "Joint roundtable debate: Trends and developments in damages actions across the EU". http://www.crowell.com/NewsEvents/Event.aspx?id=10513/25/2010 12:00:00 AMAlternative fee arrangements, convergence trends, qualitative approaches to selecting, retaining & managing outside counsel, and other strategies for minimizing in-house legal department costs and financial risk without compromising work product or quality. You know the accelerating cost pressures, which are only exacerbated by the recession. This pressure will only continue to mount. The answer is ACI’s 4th National Forum on Reducing Legal Costs at The Adolphus in Dallas, which has been uniquely tailored to provide in-house counsel and legal sourcing managers, as well as private practice attorneys and law firm marketing/business development specialists poised to work with their clients to reduce legal costs, with the knowledge they need to successfully employ cost-reducing procedures both internally and externally. This essential cross-industry benchmarking forum gathers together more than 30 senior corporate counsel and legal sourcing managers responsible for cost-reduction success stories, as well as leaders from law firms who are pioneers in ...http://www.crowell.com/NewsEvents/Event.aspx?id=9643/25/2010 12:00:00 AMBarry Parsons, a member of the Association's Board of Directors, Jason Murray and Lisa Savitt will attend this event. http://www.crowell.com/NewsEvents/Event.aspx?id=10573/25/2010 12:00:00 AMDRI’s Women in the Courtroom Committee proudly presents this seminar to help women lawyers maximize their full potential in the courtroom, law firm and community. This seminar addresses the unique challenges women face in the practice of law and offers an alternative model for success based on a woman’s distinctive communication style and personality. This program is both educational and enriching, geared to help you to hone your trial and business development skills. It is also an opportunity to participate in a variety of networking and social activities. This seminar boasts distinguished faculty from around the country, including in-house lawyers from some of the most recognized companies in America, experienced and successful trial lawyers, and nationally prominent marketing and trial consultants. Theresa Lopez and Jasmine Velazquez are attending this seminar. http://www.crowell.com/NewsEvents/Event.aspx?id=10613/25/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18053/25/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18153/25/2010 12:00:00 AMOn March 23, 2010, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued a final rule amending the FAR to implement the Federal Awardee Performance and Integrity Information System ("FAPIIS"). The stated purpose of the rule, as required by section 872 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009, is to significantly enhance the government's ability to evaluate for responsibility determinations the business ethics and performance of prospective contractors competing for federal business. Once it becomes effective on April 22, 2010, this rule will have a significant impact on the types of information contractors must disclose. Moreover, contracting officers will have an obligation to consider many new types of information in making responsibility determinations prior to awarding federal contracts over the simplified acquisition threshold. Vendor Reporting and Certification For solicitations issued after April 22, 2010, agencies must insert a new implementing clause (FAR ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14203/25/2010 12:00:00 AMThis summary of key lawsuits affecting managed care is provided by the Health Care Group of Crowell & Moring LLP. If you have questions or need assistance on managed care law matters, please contact Art Lerner or any member of the health law group. Please click to view the full Crowell & Moring Managed Care Lawsuit Watch archive. Cases in this issue: In Re Higgins Peoria Day Surgery Center v. OSF HealthCare System Nieto v. Blue Shield of California Life & Health Ins. Co. Nationwide Children’s Hospital, Inc. v. D.W. Dickey & Son, Inc. Employee Health and Welfare Plan McHenry v. PacificSource Health Plans, et al. Speegle v. Harris Methodist Health System & Harris Methodist Fort Worth Nationwide Children's Hospital Inc. v. D.W. Dickey & Son, Inc. Employee Health and Welfare Plan Smith v. Florida Healthy Kids Corp.   In Re Higgins No. 051-0252, Feb. 5, 2010 (F.T.C. consent decree) ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14183/25/2010 12:00:00 AMFor the most comprehensive program available on legal issues related to reimbursement, attend AHLA's Institute on Medicare and Medicaid Payment Issues. As in the past, there will be breakout sessions on more than 50 topics presented by leading experts, including many CMS officials. John Brennan will address "Fraud & Abuse Issues for Hospitals & Physicians", Mike Paddock will discuss "Stark Overpayments and False Claims Implications", Christine Rinn will address "Fundamentals of Medicare Parts C and D" and Bob Roth will address "Repayments and Disclosures: Legal Requirements and Hard Choices". Mr. Roth is also part of the Program Planning Committee. Click for the event brochure [PDF] http://www.crowell.com/NewsEvents/Event.aspx?id=10553/24/2010 12:00:00 AMThe luncheon is honoring the Judges of the United States Court of Appeals for The Ninth Circuit. Karen Petrulakis, Trina McAlister and Nate Bualat will attend this event. Crowell & Moring is a sponsor. http://www.crowell.com/NewsEvents/Event.aspx?id=10473/24/2010 12:00:00 AMCongress has enacted, and President Obama has signed, major health reform legislation. A link to the enacted legislation, and to the pending amendments that have been approved by the House and are awaiting action by the Senate, can be found at http://www.speaker.gov/newsroom/legislation?id=0361. We will soon post a summary and analysis of the new legislation. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14193/24/2010 12:00:00 AMThe GSA Multiple Award Schedule Advisory Panel presented its Final Report to the new GSA Administrator on March 10, 2010, addressing five areas: price reduction clause and task/delivery order competition, price reasonableness, disclosure, contract type, and program evaluation and review. The Final Report recommends, inter alia, that the Price Reduction Clause be eliminated from services contracts and, in its place, procedures be implemented to obtain "meaningful competition" at the task order level. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14173/24/2010 12:00:00 AMIf a company or client has a dispute arising out of a contract with a foreign party, international arbitration represents the best method of resolving that dispute in a neutral forum and enforcing any subsequent award. However, the resolution of international business disputes through arbitration raises issues that are simply not present in the litigation context. In many ways, arbitration offers more choices than litigation. What is the appropriate place of arbitration? Under which rules should you arbitrate? How many arbitrators should you have? Which arbitrator should you choose? How can you make the proceeding more efficient? This program will address these and other critical issues and give the information needed to successfully navigate the international arbitration process. Samaa Haridi will be one of the speakers on the subject "Practical Tips From Leading International Arbitrators." http://www.crowell.com/NewsEvents/Event.aspx?id=10023/23/2010 12:00:00 AMCommercializing technology by way of licensing is one of the best ways to maximize the value of your company’s IP while also guaranteeing downstream revenue. Yet, in this high-stakes, high-risk arena, the successful execution of a license agreement requires much more than a basic understanding of licensing fundamentals. Those who succeed in the negotiation and drafting of technology license agreements possess a specialized skill that is cultivated over time and reinforced by years of experience and practice. Focused on providing practical, yet sophisticated solutions to the difficulties and complexities most often encountered during the life of a technology license agreement, do not miss this opportunity to learn how senior-level counsel, licensing and business executives at - Apple, Boeing, Cargill, Chevron, Citigroup, General Dynamics, Hitachi, IBM, EMC, Microsoft, Nokia, Oracle, Pratt & Whitney, Rockwell Collins, SAP, Siemens and Time – share with you how they structure their license agreements to minimize ...http://www.crowell.com/NewsEvents/Event.aspx?id=10903/23/2010 12:00:00 AMMany retailers are talking about what Simon Property Group’s proposed acquisitions of Prime and General Growth Properties will mean for their tenancy costs. And they are even more concerned about interacting with the Federal Trade Commission because they are unfamiliar with how the FTC analyzes such transactions, both substantively and procedurally. This webinar will explain the FTC merger review process, covering the basics of how the FTC gathers information and the role of customer views in the FTC’s antitrust analysis. Experienced antitrust counsel will provide guidance on the substantive issues the FTC will be focusing on, and the significance of the retailer’s input in the FTC’s decision making. Greg Call is the Moderator and Rob Lipstein and Randy Smith are panelists. http://www.crowell.com/NewsEvents/Event.aspx?id=10793/23/2010 12:00:00 AMBridget E. Calhoun, partner with Crowell & Moring LLP, co-chair of the Product Risk Management practice, and member of the firm's Antitrust and Torts groups, is featured in a Product Liability Law360's "10 Under 40: Rising Star" feature for her practice, the complexity of her cases, and her most notable accomplishments as a lawyer. After receiving hundreds of nominations, the list was narrowed down to ten attorneys under the age of 40 in each of the following practice areas: intellectual property, employment, bankruptcy, corporate finance, competition, energy, environmental, securities, insurance, product liability, appellate and international trade. March 23, 2010 - Product Liability Law360 http://www.crowell.com/NewsEvents/NewsAll.aspx?#news2993/23/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18203/23/2010 12:00:00 AMIn another sign that the government is increasing its focus on suspension and debarment, a February 2010 Department of Homeland Security IG report (http://www.dhs.gov/xoig/assets/mgmtrpts/OIG_10-50_Feb10.pdf) found that DHS has been reluctant to apply existing procedures against poorly performing contractors and recommended that DHS develop policies to determine whether to refer them to the suspension and debarment official when their contracts have been terminated for default or are being considered for default. DHS management concurred with the recommendation and will now require that contracting officers provide any determination of nonresponsibility to the S/D official when the determination is based in whole or part on the contractor's (1) lack of satisfactory performance record under DHS contracts; (2) lack of satisfactory record of integrity and business ethics; or (3) inability to qualify or ineligibity under applicable laws and regulations. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14163/23/2010 12:00:00 AMIn a memorandum dated March 10, 2010, President Obama directed the heads of all executive departments and agencies to expand their use of recovery audits, now called “Payment Recapture Audits,” in order to identify and reclaim from contractors the funds associated with improper payments (e.g., duplicate payments, payments for services not rendered, overpayments, and payments to fictitious vendors) and has also directed OMB to develop guidance within 90 days for carrying out the requirements of the memorandum. He points approvingly to use of professional and specialized auditors whose compensation is tied to their findings of such overpayments. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14153/22/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles16223/20/2010 12:00:00 AMInternational investment by State-controlled entities (SCEs) is on the rise. State-owned enterprises (SOEs), especially from Europe, have long been active players in the world foreign-direct-investment (FDI) market. They have been joined, in the past few years, by a wide range of SOEs from emerging markets, including from China, India, Russia, and Singapore. China’s outward FDI – some 80-90% of which is undertaken by SOEs – doubled from $27 billion in 2007 to $56 billion in 2008 and appears to have reached that level again in 2009, in a climate where world FDI flows dropped by 40%. SWF’s, and especially the Middle East, are also of note and, with cumulative FDI reaching $65 billion by the end of 2008, are rapidly gaining prominence on the international stage. To that, portfolio investment by SWFs needs to be added; in the financial sector alone, total investments by SWFs are estimated to be around ...http://www.crowell.com/NewsEvents/Event.aspx?id=10453/19/2010 12:00:00 AMThe Keynote Speaker is Stuart Ishimaru, Acting EEOC Chairman, the Mistress of Ceremony is Sandra Endo, CNN National Correspondent and the Community Service Award Recipient is Paul Igasaki, Deputy Chief Executive Officer for Equal Justice Works. Crowell & Moring is a sponsor. Click to view the invitation http://www.crowell.com/NewsEvents/Event.aspx?id=10463/19/2010 12:00:00 AMIn General Dynamics One Source, LLC, GAO rejected TSA's jurisdictional challenge, holding that Congress revoked TSA's exemption from GAO protests effective June 22, 2008, and that TSA's Phase II solicitation issued in December 2008 could not relate back to the exemption that previously existed for the Phase I competition. On the merits, GAO sustained the protests due to TSA's failure to evaluate price realism when (1) the awardee proposed mismatched staffing approaches in the technical and cost proposals, and (2) the awardee's proposed staffing depended upon hiring incumbent staff at rates well below current incumbent salaries. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14133/19/2010 12:00:00 AMIn a decision that should resolve finally nearly 40 years of disagreement between contractors and the government about the definition of Independent Research and Development (IR&D), the Federal Circuit has held in ATK Thiokol Inc. v. U.S. (Mar. 19, 2010), that R&D effort must be "specifically required" by the terms of a contract in order to be excluded from the definition of allowable IR&D costs, endorsing the contractors' argument that effort that is "implicitly" required in order to perform the contract or "necessary" to perform but not explicitly required by the contract is allowable IR&D. In addition, and perhaps even more important, the decision acknowledges more generally in its analysis of the distinction between direct and indirect costs that "CAS 402 gives the contractor considerable freedom in the classification of particular costs, so long as the contractor maintains consistency in making that determination." http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14143/19/2010 12:00:00 AMToxic tort litigation and environmental regulatory matters present significant liabilities for companies today, not just on the legal front but also in the court of public opinion. In-house counsel at companies that face such liabilities and their outside counsel, as well as the technical consultants who support them, must keep abreast of legal and scientific developments in this area. DRI’s Toxic Torts and Environmental Law Seminar will provide a forum wherein-house counsel, defense lawyers and consultants may freely share lessons learned from their successful defense efforts and receive practical instruction in defending against toxic tort lawsuits. Clif Zatz will attend this conference. Click for the event brochure [PDF] http://www.crowell.com/NewsEvents/Event.aspx?id=10173/18/2010 12:00:00 AMThe USA is Britain's largest single market. $57bn worth of UK goods were exported to the USA in 2007, where they have traditionally been known for their high quality. The USA is also a leading destination for British overseas investment. This seminar will provide delegates with an update on the current and forecasted situation of the US economy, as well as on opportunities for UK businesses generated by the government’s Fiscal Stimulus package. It will offer delegates a chance to: Listen to key speakers with in-depth knowledge and experience of the US market Meet key contacts who can help maximise your business in the USA Network with companies currently doing business in the American market Robert Murray is speaking on the subject of "Exporting to the USA". http://www.crowell.com/NewsEvents/Event.aspx?id=10643/17/2010 12:00:00 AMThe Security Innovation Network (SINET) workshops are designed for early stage and emerging companies who desire to partner with the Federal Government. These workshops offer a unique opportunity for entrepreneurs to receive specific guidance on how to navigate the complex process of selling and developing commercial relationships with the civilian, defense and intelligence agencies of the Federal Government. Taught by industry and Federal Government subject matter experts, these workshops will provide invaluable and specific insight on a broad spectrum of relevant topics, to include; Federal contracting and research programs, obtaining grants, getting security products evaluated, and how to streamline the procurement and acquisition processes. Thomas Kruza and Donald Sovie will be conducting a workshop entitled, "Understanding Federal Government Contracting Processes". http://www.crowell.com/NewsEvents/Event.aspx?id=10633/16/2010 12:00:00 AMTwo recent opinions by federal district court judges who are well respected experts in the field of e-discovery have launched a firestorm of commentary on the subject of appropriate sanctions for spoliation of evidence. In January, U.S. District Court Judge Shira Scheindlin, author of the landmark opinions on e-discovery in the Zubulake case, issued an opinion Pension Committee of the Univ. of Montreal Pension Plan, et al. v. Banc of America Securities LLC, et al., 2010 U.S. Dist. LEXIS 4546 (S.D.N.Y. Jan. 15, 2010), which has received a great deal of attention from commentators speculating that the bar has been raised with respect to parties’ obligations to preserve, collect and produce electronically stored information (“ESI”). In Pension Committee, Judge Scheindlin held that the following conduct supported a finding of gross negligence: failure to issue a written litigation hold order; failure to identify all of the key players and ensure that ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14123/16/2010 12:00:00 AMThe 2010 Litigators Forum will focus on two of the most current issues in the law today: the effect of technology on the law, and the merger of law and technology, on both a substantive and practical level. Jennifer Romano is an organizer of the event and Janet Levine will speak on "How Technology is Shaping the Law." Emily Kuwahara, Mana Lombardo and Kendra Miller are also participating. http://www.crowell.com/NewsEvents/Event.aspx?id=10443/15/2010 12:00:00 AMThe U.S. Justice Department may have signaled it's delivering what providers have long asked for: the stomach to scuttle health plan mergers. Or not. Arthur N. Lerner, healthcare and antitrust partner with Crowell & Moring LLP and co-chair of the firm's Health Care Group, believes the U. S. Justice Department's antitrust team under Obama is in fact scrutinizing health-insurance deals more closely. "I will say, from my own experience, the heat is on," Lerner said. March 15, 2010 - Modern Healthcare http://www.crowell.com/NewsEvents/NewsAll.aspx?#news3053/15/2010 12:00:00 AMIn Energy Systems Group (Feb. 26, 2010), GAO found that the agency had acted reasonably in excluding the protester from the competition because of concerns about a biased ground rules organizational conflict of interest ("OCI") when protester had previously prepared a feasibility study in anticipation of a potential sole-source award upon which the agency relied to develop approximately 80% of the requirements for the competitive procurement at issue. GAO rejected protester's arguments that (i) at the time protester prepared the feasibility study, a competitive procurement was not anticipated and, therefore, the study could not affect an unanticipated competition; (ii) protester was unaware that the feasibility study might be incorporated into the requirements for the competitive procurement; and (iii) the feasibility study was released to all prospective offerors. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14113/15/2010 12:00:00 AMThe speaker will be Dr. Gordon Hanson - Director, Center on Pacific Economies and Professor at the School of International Relations at the University of California, San Diego – who will give insight on US trade policy. Donald Sovie is attending this event. http://www.crowell.com/NewsEvents/Event.aspx?id=10603/12/2010 12:00:00 AMJanet Levine, Los Angeles-based partner with Crowell & Moring LLP and chair of the firm’s White Collar & Regulatory Enforcement Group, was featured as a panalists in BNA’s coverage of the American Bar Association’s 24th annual National Institute on White Collar Crime. Levine spoke during a session on obstruction-of-justice cases and talked about the need to warn clients as early as possible against trying to deceive employers during corporate internal investigations. According to Levin, “some U.S. attorneys offices have brought obstruction charges against employees who gave statements to employers before the government even began an investigation. Federal prosecutors bring those counts on the theory that the employee should have known his or her statement would be shared with prosecutors.” She called it the “broadest interpretation” of the statute’s “knowingly” element. “Clients aren’t used to thinking that what they say to their boss is going to put them in jail,” she ...http://www.crowell.com/NewsEvents/NewsAll.aspx?#news3043/12/2010 12:00:00 AMThe ASBCA decision in States Roofing Corp. (Jan. 19, 2010) reminds us that contemporaneously tracking the costs of preparing and negotiating REAs can be critical to recovering them from the government as contract administration costs. The ASBCA found that the contractor's REA proposal efforts included in-house labor, legal, and accounting costs that were properly classified as contract administration costs, but found inter alia that personnel did not track those efforts separately from other contract work and the contractor's post-hoc allocations were unreliable - leading the ASBCA to use a "jury verdict" approach and award less than 12% of the contractor's claim. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14103/12/2010 12:00:00 AMA special two-day program for contract managers, personnel professionals, legal counsel, project managers, financial personnel, and compliance officials covering: The applicable labor requirements - from wage rates and fringe benefits to health plans and overtime issues. When they are applied. How they are enforced. Efficiently incorporating them into your contract activities. This special two-day program will teach you what the Service Contract Act's labor requirements are, when they are applicable, and how to efficiently incorporate them into your daily contracting activities. The special Course Curriculum has been designed to offer maximum benefits to personnel professionals, contract managers, legal counsel, project managers, and others who are involved with a contract's labor requirements. Further, the course offers practical guidance on your rights, options and remedies. Amy O'Sullivan is participating in this program. http://www.crowell.com/NewsEvents/Event.aspx?id=9923/11/2010 12:00:00 AMThis CLE seminar will examine recent developments in managed care litigation and explain substantive, strategic and practical considerations for healthcare litigators when pursuing and defending such lawsuits. Robert Rhoad and Christopher Flynn are members of the faculty in this live event. http://www.crowell.com/NewsEvents/Event.aspx?id=10413/11/2010 12:00:00 AMAs part of its activities, the Vale Columbia Center creates opportunities for leading experts from academia, government, business and non-governmental organizations to exchange views, explore new ideas and help set the policy agenda. For this purpose, it arranges conferences, symposia, and a speakers' series. Andre Von Walter, Ministry of Foreign and European Affairs, Paris, France will address "The investor's legitimate expectations - inquiries into the legal nature of an increasingly popular concept". Pieter Bekker is the moderator for this event and Crowell & Moring is the sponsor. http://www.crowell.com/NewsEvents/Event.aspx?id=10423/11/2010 12:00:00 AMThis event includes a reception honoring Justice Ruth Bader Ginsburg and Justice Sonia Sotomayor, Associate Justices, Supreme Court of the United States and Lady Brenda Marjorie Hale, Justice, Supreme Court of the United Kingdom. Crowell & Moring is one of the sponsors of this historic event. http://www.crowell.com/NewsEvents/Event.aspx?id=10433/11/2010 12:00:00 AM You wish to assimilate in little time the labor law basic rules? You want to have a command of the fundamental rules in order to avoid the tricks at the moment of hiring, business occupation and discharge of the staff? You wish to have a global insight of the main regulations? You want to learn to apply those regulations in your daily practice? Target-group Head of HR and their associates Head of wages administration and their associates SMEs managers Executive secretaries Persons in charge of hiring and discharge of staff Results No previous knowledge required - The main labor law parts will be explained from A to Z. Quick and detailed - Two intensive days to reply to the most common questions. Practical approach - Advices immediately applicable Active and interactive - Listen, ask questions and get an answer right away Emmanuel Plasschaert will speak on the following topic: ...http://www.crowell.com/NewsEvents/Event.aspx?id=10803/11/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18033/11/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18043/11/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=17933/11/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=17663/11/2010 12:00:00 AMOn March 2, 2010, the SBA issued a proposed rule, with comments due in sixty days, aimed at implementing the statutory goal that 5% of federal contracting dollars go to women-owned small businesses ("WOSBs"). This rule provides for set-aside procurements for contracts under certain dollar thresholds ($5 million for manufacturing contracts and $3 million for other contracts) for WOSBs in the 83 identified industries in which they are underrepresented, a significant increase from the 4 industries identified in the 2008 proposed rule. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14093/11/2010 12:00:00 AMThis is the next phase of the WBA’s groundbreaking Initiative on Advancement and Retention of Women – Navigating the Corporate Matrix: Advancing Women In-House Counsel. Phase I focused on the overall retention and advancement of women in law firms, while Phase II focused on the challenges facing women of color in the profession. Those phases of the Initiative, which resulted in the publication of Creating Pathways to Success and Creating Pathways to Success for All, respectively, have drawn national attention and acclaim. The WBA is very excited to be following up on the information gathered and facts learned through Phases I and II to address the unique challenges facing women in in-house law departments. The Navigating the Corporate Matrix program is the work of the WBA’s Task Force on the Advancement and Retention of Women and In-House Counsel Committee, with advice and input from an Advisory Board of nationally recognized ...http://www.crowell.com/NewsEvents/Event.aspx?id=10533/10/2010 12:00:00 AMThis reception is being presented by The South Asian Bar Association of New York (SABANY), The Asian American Bar Association of New York (AABANY) and The North American South Asian Bar Association (NASABA). Tasneem Novak is planning on attending this event. http://www.crowell.com/NewsEvents/Event.aspx?id=10563/10/2010 12:00:00 AMKristof Roox is introducing the first debate. Thomas De Meese is part of the first debate addressing "Astra Zeneca case of abuse of dominant position." Crowell & Moring is a sponsor. http://www.crowell.com/NewsEvents/Event.aspx?id=9683/10/2010 12:00:00 AMIn this interactive two-day program, you will learn the essential elements of medical device regulations in a systematic and comprehensive way. The first day will focus on the legal framework, FDA’s organization and pre-market requirements and the second day will focus on postmarket requirements, the Quality System Regulation (QSR), adverse events, and promotion and advertising. The program will walk you through key regulations and policies, while it helps you develop a clearer understanding of how they work. You’ll receive an overview of the FDA regulatory structure, obtain pointers on how to prepare a successful 510(k) submission, and learn about new and developing FDA policies and procedures affecting all phases of medical device regulation. This program will help you to think like a seasoned medical device professional. Additionally, you will learn how FDA enforces the laws passed by Congress and some of the “hot” issues of the day. This meeting can ...http://www.crowell.com/NewsEvents/Event.aspx?id=10543/8/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles17873/8/2010 12:00:00 AMOn March 3, DoD issued a notice of, and requested comments on, proposed rules levying information security requirements for safeguarding unclassified "DoD information" and reporting security breaches when contractors and subcontractors may have such information "resident on or transiting" their information systems. The proposed rule not only mandates that contractors "shall provide adequate security to safeguard DoD information," but also (1) requires flowdown to subcontractors; (2) establishes extreme standards in some areas (e.g., "best level of security and privacy available"); (3) incorporates National Institute of Standards and Technology (NIST) standards in some areas, but not others; and (4) acknowledges that the contractor will still need to comply with all other applicable security standards, such as "CPI, PII, For Official Use Only, Privacy Act, ITAR, EAR, and HIPAA." http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14083/8/2010 12:00:00 AMTheresa Lopez will be installed as the incoming Secretary of the HBA of OC. Crowell & Moring is a sponsor of this event. http://www.crowell.com/NewsEvents/Event.aspx?id=9783/6/2010 12:00:00 AMWhen is sharing of investment strategies collusion? This question seems to be at the center of an inquiry by the Antitrust Division of the Department of Justice in connection with investment strategies shorting the value of the Euro. Recent press reports indicate that the Department of Justice has sent requests to several hedge funds in connection with their trades relating to the Euro. These requests were sent the same day the Wall Street Journal reported that portfolio managers of several large hedge funds attended an exclusive "idea dinner," where they predicted that the Euro's value - which already fell from $1.51 in December to $1.35 in late February - will likely reach parity with the dollar. The dinner was one of several informal dinners that New York-based research and brokerage firm Monness, Crespi, Hardt & Co. holds from time to time to allow managers to network and discuss trading ideas. ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14073/5/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=17873/4/2010 12:00:00 AMOn February 17, DOD issued a class deviation implementing the prohibitions of the "Franken Amendment" to the 2010 Defense Appropriations Act restricting the use of arbitration clauses in employment contracts and will consider comments received within two weeks of publication date in the formulation of an interim rule incorporating the clause into the DFARS (http://www.acq.osd.mil/dpap/policy/policyvault/USA000476-10-DPAP.pdf). Under the new DFARS clause, 252.222-7999, which is only applicable to new non-commercial contracts or orders in excess of $1 million that utilize funds appropriated by the FY10 Act, contractors agree (1) not to enter into any agreement with any of its employees that require, as a condition of employment, that the employee agree to resolve through arbitration certain types of employment disputes; (2) not to enforce such clauses in existing contracts; and (3) for contracts awarded after June 17, 2010, to require covered subcontractors to comply with these requirements. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14053/4/2010 12:00:00 AMOn March 2, 2010, Daiso Holding USA Inc., Daiso Seattle LLC and Daiso California LLC ("Daiso") reached a consent agreement with the U.S. Consumer Product Safety Commission ("CPSC") filed in the U.S. District Court for the Northern District of California. Daiso allegedly failed to comply with federal laws prohibiting excess levels of lead and phthalates in various toys and children's products. Daiso is also alleged to have failed to meet other federal requirements enforced by the CPSC on children's products. Prior to entering into the current decree, Daiso had received Letters of Advice from the CPSC in connection with violations found during port inspections. Some of these prior violations occurred prior to the enactment of the Consumer Product Safety Improvement Act of 2008 (CPSIA). Under the CPSIA, it is illegal to import, manufacture, distribute or sell products designed or intended primarily for children 12 and younger containing more than 300 ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14063/4/2010 12:00:00 AMRegence Group v. TIG Specialty Ins. Co., No. 07-1337-HA (D. Or.) The United States District Court in Oregon has issued two related orders that could have significant implications with respect to the sharing of information between ceding companies and their reinsurers. In the instant case, Regence Group ("Regence") filed suit against its insurer, TIG Specialty Insurance Company ("TIG"), seeking a declaration that TIG was obligated to pay defense and indemnity costs related to three underlying lawsuits. Two of the underlying suits involved RICO claims against Regence and other entities and the third case dealt with similar state law claims brought against Regence by a physicians group (the "underlying litigation"). During the course of the declaratory judgment action, Regence issued subpoenas to TIG's reinsurers (and one reinsurer's counsel), seeking a variety of documents that go to the heart of the reinsurance relationship, including (1) documents related to TIG's reinsurance contracts that ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14763/4/2010 12:00:00 AMThis session will provide an overview of key health care and fraud and abuse statutes with a specific focus on federal enforcement initiatives. Also, it will deal with confidentiality and privacy compliance issues. Topics to be covered include: HIPAA Administration Simplification and current status of HIPAA rules; electronic data transactions; security; national identifiers; privacy and confidentiality of health information; anti-kickback statute; physician self-referral laws (Stark I and II); the federal False Claims Act; health care enforcement initiatives of the Office of Inspector General and the Department of Justice; Medicaid fraud programs, health care enforcement initiatives and e-Health. Barbara Ryland will speak at this event. http://www.crowell.com/NewsEvents/Event.aspx?id=11273/3/2010 12:00:00 AMJohn Brennan will speak at this event. Click for the event agenda [PDF] http://www.crowell.com/NewsEvents/Event.aspx?id=11283/3/2010 12:00:00 AMThe U.S. Fish and Wildlife Service will host a Wind Turbine Guidelines Advisory Committee meeting March 2 – 4, 2010. The meeting is open to the public. The meeting agenda will include discussion of the current draft Recommendations to the Secretary. Steve Quarles is a member of the Wind Turbine Guidelines Advisory Committee. http://www.crowell.com/NewsEvents/Event.aspx?id=10403/2/2010 12:00:00 AMStarting your own high frequency trading firm is not easy. Where do you begin? Legal matters are a significant piece of the puzzle and rapidly consume time and money. Technology and infrastructure decisions are the cornerstone for success and the consequences of poor decision making can be devastating. The need to establish a relationship with a prime broker, clearing firm, executing counterparty and relevant ECN/exchange can be a daunting and capital intensive task. Spending time on legal, technology and trading relationships takes away from valuable time that can otherwise be devoted to trading. http://www.crowell.com/NewsEvents/Event.aspx?id=10263/2/2010 12:00:00 AMThis event is sponsored by the Federal Facilities Council’s Standing Committee on Sustainable Acquisition, Design, and Construction. The presentation is titled “Legal Considerations When Building Green” and will be given by Christopher Cheatham, Stephen McBrady, and J. Catherine Kunz. The presentation will be from 9:00 a.m. to 10:15 a.m. in Room 110 of the Keck Center of the National Academies, 500 Fifth Street N.W., in Washington, DC. Please RSVP to lstanley@nas.edu if you would like to attend. http://www.crowell.com/NewsEvents/Event.aspx?id=10013/2/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=17973/2/2010 12:00:00 AMAs reported in our February 19, 2010 Client Alert, the Centers for Medicare and Medicaid Services ("CMS") announced that it will delay, from April 1, 2010 to January 1, 2011, the start date for electronic filing of settlements, judgments, awards, or other payments made to Medicare beneficiaries, whether such payments are made by liability insurers, no-fault insurers, workers' compensation, or businesses that self insure their liability risks. At the time of the announcement, CMS indicated that further guidance would be issued the week of February 22, 2010. Late last week, CMS issued the additional guidance in the form of new CMS Alerts and an updated User Guide for reporting entities. Click here for the new User Guide. Click here for the new CMS Alerts. One of the important questions regarding CMS's announcement was whether the reporting delay would result in a corresponding delay in the date of the settlements that ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14043/2/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles17883/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles17903/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles17913/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles17953/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles17843/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles17853/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles17783/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles17793/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles17823/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18063/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18123/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18083/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=17833/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=17853/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18003/1/2010 12:00:00 AMOn April 27 & 28, 2010, ACI is holding its "Government Contract Cost & Pricing Conference" focusing on compliance insights and strategies to help prepare contractors for rigorous DCAA audits and heightened enforcement risks. C&M's Terry Albertson is co-chair and speaker at the event and those interested in attending can receive a $500 discount on the registration fee by using the promo code .S price code; more details and registration information can be found at http://www.americanconference.com/Governmentpricing.htm http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14013/1/2010 12:00:00 AMOn February 22, 2010, the Antitrust Division announced a proposed consent decree under which KeySpan Corporation would be required to "disgorge" $12 million in profits realized as a result of an anticompetitive agreement. This marks the first time the DOJ has sought disgorgement in a civil antitrust action under the Sherman Act.1 The DOJ alleges that KeySpan, the largest supplier of electricity generating capacity in the New York City market, entered into an anticompetitive agreement that allowed KeySpan to withhold substantial capacity from that market, ultimately increasing energy prices to NYC consumers. From June 2003 through December 2005, KeySpan was able to sell almost all of its capacity in the market while bidding at its cap because of supply constraints. In 2006, anticipating an increase in market capacity, KeySpan considered acquiring Astoria, its largest competitor, but concluded that such an acquisition would raise market power issues. Instead, KeySpan acquired a ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14023/1/2010 12:00:00 AMOn February 2, 2010, the Departments of Labor, Treasury and Health and Human Services jointly released interim final regulations implementing the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 ("MHPAEA"). (We previously discussed MHPAEA in our December 10, 2008 Employee Benefits Alert.) Although MHPAEA required that regulations be issued in October 2009, these interim final regulations are the first regulations to be issued implementing MHPAEA. The new interim final regulations replace the existing Mental Health Parity Act regulations issued in 1997, largely incorporating those regulations (with modifications to include substance use disorder benefits), and adding several important new rules. As with the 1997 Mental Health Parity Act regulations, enforcement of the new MHPAEA regulations will at least in part be through imposition of an excise tax on noncomplying plans and insurers. The new regulations go into effect on April 5, 2010, although most of ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14033/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles17772/28/2010 12:00:00 AMThe YJIL Thirty-Fifth Anniversary Conference on "Government Lawyering and International Law" will take place on Friday, February 26, 2010 at the Yale Law School. The one-day conference will bring together scholars and practitioners from around the world to discuss the unique responsibilities and challenges associated with government lawyers creating, interpreting, and abiding by international law. Pieter Bekker is on Panel III: Government Lawyering in the International Adversarial Context: Representing Sovereigns in Arbitration and Litigation. http://www.crowell.com/NewsEvents/Event.aspx?id=10342/26/2010 12:00:00 AMMichelle Jones is part of a panel addressing the subject "Beyond the 'Four Corners': Reinsurance for Extra-Contractual Liability." Click for the event brochure [PDF] http://www.crowell.com/NewsEvents/Event.aspx?id=10312/26/2010 12:00:00 AMProgramme 9.00h Welcome Jean Van Nuwenburg 9.15h Part 1. Introduction on IP, The basics of IP in a nutshell and how patents are obtained. Johan Brants 10.45h Break 11.00h Part 2. Patentability, and how to search on the internet to find out whether your invention is still new and inventive: "How to find the needle in a haystack"? Nico Deconinck 12.30h Lunch 13.30h Part 3. Freedom to operate. Is my company free to exploit their own inventions? Johan Brants 14.45h Break 15.00h Part 4. Enforcebility of patents in Belgium. Kristof Roox 16.15h Closing remarks and questions. Kristof Roox is speaking at this event. http://www.crowell.com/NewsEvents/Event.aspx?id=10522/26/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=17782/26/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18022/26/2010 12:00:00 AMA two-day conference discussing a range of cutting-edge issues in asbestos litigation. Mark Plevin is on a panel entitled, "Top 5 Insurance Issues in Asbestos Litigation." http://www.crowell.com/NewsEvents/Event.aspx?id=9842/25/2010 12:00:00 AMKeynote speech will be given by Thomas Perez, Assistant Attorney General for Civil Rights in the U.S. Department of Justice and public service award will be presented to California Supreme Court Justice Carlos Moreno. The APABA board will be sworn in by Honorable Dolly Gee from the U.S. District Court. Emily Kuwahara will be the incoming co-chair of membership. Crowell & Moring is a sponsor. http://www.crowell.com/NewsEvents/Event.aspx?id=10332/25/2010 12:00:00 AMThis event will circle the globe to find out about new developments in merger review in South America, Asia and Europe. As transactions are increasingly being reviewed by agencies in multiple jurisdictions, understanding the basics of and new developments in the jurisdictions where your transaction may be reviewed is essential. The panel of experts from Asia (Australia, China), South America (Brazil, Chile, Colombia, Uruguay), and Europe (France, Greece, Spain), will cover what you need to know about the latest on merger review in their countries. Olivier Antoine is one of the panelists at this event. http://www.crowell.com/NewsEvents/Event.aspx?id=10382/25/2010 12:00:00 AMThe Terrorism, Unconventional Threats and Capabilities Subcommittee will meet to receive testimony on private sector perspectives on Department of Defense information technology and cybersecurity activities at the Rayburn House Office Building. David Bodenheimer will be one of the witnesses at the hearing. http://www.crowell.com/NewsEvents/Event.aspx?id=10392/25/2010 12:00:00 AMJerry Canada is attending and Crowell & Moring is a sponsor. http://www.crowell.com/NewsEvents/Event.aspx?id=10122/25/2010 12:00:00 AMUsing your own in-house counsel to conduct an internal probe of possible corporate wrongdoing is a quick way to make a government prosecution very suspicious. And what if you hire outside counsel but the in-house counsel wants to take part in the investigation, especially the interviews of employees? Not a good idea, according to Crowell & Moring LLP White Collar & Regulatory Enforcement Group partner, Daniel L. Zelenko. "There is a role for the in-house lawyer, but not having him in the room during interviews might be more productive," Zelenko, a former federal prosecutor, said. Zelenko explains that having the general counsel present could hinder the investigation by making employees reluctant to talk. But the general counsel can help by scheduling the employee interviews, introducing the investigating counsel, and explaining why they are there. He also discusses why an oral Upjohn warning - a sort of Miranda warning in corporate ...http://www.crowell.com/NewsEvents/NewsAll.aspx?#news2962/25/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=17742/25/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=17762/25/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18552/25/2010 12:00:00 AMIn a new book Prime Minister Gordon Brown has been accused of workplace bullying. It is alleged that he has shoved, shouted and sworn at his colleagues. Mr Brown denies the allegations but accepts he can get angry and is determined and strong-willed. Workplace bullying is an issue high on the agenda for all HR and risk professionals. ACAS describes bullying as:- "Offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient" The allegations against Mr Brown have caused a media and political storm, yet media role models like Gordon Ramsay and Alan Sugar have blurred the edges between what is an acceptable, albeit ebullient, managerial style and what is a bullying boss. As workplaces have evolved over the years, management styles have adapted to the environment. Kitchens are noisy, hot and dangerous and there is a ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=13992/25/2010 12:00:00 AMNow in its 8th year, the annual Cleantech Forum series returns to San Francisco over February 24-26th, 2010 at The Palace Hotel and will bring together 1,000 industry leaders ushering in new forms of financing for scale and innovation, for a broader set of global demands and new business models. Andrew Riddles and Kitu Bindra are attending this forum. http://www.crowell.com/NewsEvents/Event.aspx?id=10352/24/2010 12:00:00 AMThis forum will feature a special address by Paul R. Michel, Chief Circuit Judge of the U.S. Court of Appeals for the Federal Circuit, on appeals from the ITC in Section 337 investigations. Randall R. Rader, Circuit Judge of the U.S. Court of Appeals for the Federal Circuit, will discuss the standards of proof and review for the unique process of Section 337 determinations and comment on IP rights and enforcement in China, India, Brazil, Russia and other developing economies. The Hon. Paul J. Luckern, the Hon. Theodore R. Essex and the Hon. Robert K. Rogers of the United States International Trade Commission shall be in attendance, together with leading government officials, in-house counsel and preeminent outside counsel who will offer practical advice for seizing the opportunities and meeting the challenges offered by fast-paced ITC litigation. On Friday the 26th, Crowell & Moring partner Kathryn Clune will co-deliver a Master ...http://www.crowell.com/NewsEvents/Event.aspx?id=10072/24/2010 12:00:00 AMOver the past two decades, this Institute has been attended by federal and state judges and prosecutors, other law enforcement officials, defense attorneys, corporate in-house counsel and members of the academic community. The faculty regularly includes some of the leading members of the white collar bar in the United States and in England. Among the audience are nationally renowned lawyers as well as many who are beginning to concentrate in the white collar area. Attendees have consistently given the Institute high ratings for the exceptional quality of its publication, the panelists’ presentations, the valuable updates on new developments and strategies, as well as the rare opportunity to meet colleagues in this field, renew acquaintances and exchange ideas. This year, they will once again present a panel for newer practitioners on February 24 in the afternoon, with an emphasis on building a white collar criminal practice. The 2010 keynote panels will ...http://www.crowell.com/NewsEvents/Event.aspx?id=9802/24/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles17762/24/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=17772/24/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=17712/24/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=17722/24/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19312/24/2010 12:00:00 AMAddressing the issue of warranties again within a week and once again reversing the Court of Federal Claims, the Federal Circuit in Precision Pine & Timber, Inc. v. U.S. (Feb. 19, 2010) found no warranty implicit in a contractual clause that allowed the Forest Service to suspend performance due to Endangered Species Act concerns. With respect to the one contract that lacked a suspension of work clause, however, the Forest Service breached because it lacked contractual authority to do so, even though it stopped performance in response to a district court injunction. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14002/24/2010 12:00:00 AMIn the wake of the credit crunch, default rates are on the rise as troubled companies find it increasingly difficult to obtain new financing, and many industry experts expect credit concerns to continue for some time. Adding to the concern and uncertainty in the commercial lending market is the fact that second lien financing has exploded in recent years and is now for the first time being tested in a downturn. The American Conference Institute’s 2nd National Forum on Commercial Loans ia the leading forum for lenders, private practice attorneys, and restructuring and workout professionals. The exceptional faculty will provide attendees with key strategies and best practices for: Capitalizing on market trends and ensuring that you are well-positioned to protect your investments Pursuing alternatives to bankruptcy, including out-of-court restructurings and loan amendments Resolving intercreditor conflicts of interest in your favor Maximizing the effectiveness of turnaround and restructuring professionals William O'Connor ...http://www.crowell.com/NewsEvents/Event.aspx?id=9632/23/2010 12:00:00 AMOpen to all University of Chicago alumni, the Economic Forecast Dinner, the Chicago Booth Club's major annual event, will be held Tuesday, February 23, at the Hotel Monaco. The Forecast Dinner assembles a panel of some of the best economic minds to discuss and predict the state of the U.S. and global economies during the coming year. Join us to hear their insights about housing, credit, unemployment, foreign trade, and emerging markets in 2010. The dinner ends with a lively Q&A session between the panelists and guests. Crowell & Moring is a sponsor. http://www.crowell.com/NewsEvents/Event.aspx?id=10322/23/2010 12:00:00 AMThe CLC Membership Meeting offers an opportunity to network, have dinner and hear an educational presentation. Leadership Development in today's Design-Build Infrastructure Marketplace What companies are looking for in a leader How to become a visionary thinker How to set appropriate goals and take the responsibility for meeting them How to delegate and make more effective decisions This valuable information is being presented by Michael S. Aparicio, Vice President, Los Angeles Operations/Transit, SKANSKA. Rosemary Carson, Theresa Lopez, Dani Nguyen and Jasmine Velazquez are attending this meeting. http://www.crowell.com/NewsEvents/Event.aspx?id=10362/23/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=17752/23/2010 12:00:00 AMThis is the annual conference on European Antitrust Law organized by the Academy of European Law (ERA) Program: The conference will discuss the latest and most significant developments, with a particular focus on the case law of the Court of Justice of the EU and recent decisions from the European Commission on: - Article 101 TFEU (former Article 81 EC), inter alia, the concept of concerted practice (e.g. T-Mobile), the assessment of a restriction by object (e.g. GSK), as well as related issues, such as the imputability of infringements within groups of undertakings (e.g. AKZO Nobel); - Article 102 TFEU (former Article 82 EC), focusing on predatory pricing (e.g. France Télécom), rebate schemes, standard settings; - Mergers, including the issue of the non-contractual liability of the Community on account of the illegality found (e.g. Schneider). The conference will also analyse policy developments under Article 101, 102 TFEU and mergers, including ...http://www.crowell.com/NewsEvents/Event.aspx?id=9912/22/2010 12:00:00 AMThis event will take place at the Old Lloyds Library, Lloyds of London. Nilam Sharma is participating. Crowell & Moring is sponsoring this event. http://www.crowell.com/NewsEvents/Event.aspx?id=10002/22/2010 12:00:00 AMIn El-Ganayni v. U.S. Dep't of Energy, 591 F.3d 176 (3d Cir. 2010), the court found that it had jurisdiction to hear constitutional challenges to an agency's decision to revoke a security clearance, provided it could do so without examining the merits of the revocation decision. In this case, the court concluded that it was not possible avoid review of the merits of the agency's decision, either when assessing the plaintiff's affirmative case alleging violations of First Amendment rights to free speech and free exercise of religion and the Fifth Amendment right to equal protection or when evaluating the agency's anticipated defense, so affirmed the dismissal of the constitutional challenges. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=13982/22/2010 12:00:00 AMOn February 16, 2010, the Centers for Medicare and Medicaid Services ("CMS"), the agency within the Department of Health and Human Services that oversees the Medicare program, unexpectedly announced that it will delay, from April 1, 2010 to January 1, 2011, the start date for electronic filing of settlements, judgments, awards, or other payments made to Medicare beneficiaries, whether such payments are made by liability insurers, no-fault insurers, workers' compensation, or businesses that self insure their liability risks. Click here for the announcement. CMS indicated that further guidance will be issued the week of February 22, 2010. This reporting requirement was added to the Medicare Secondary Payer ("MSP") statute, 42 U.S.C. §1395y(b), in 2007 and is codified at 42 U.S.C. §1395y(b)(8). The purpose of the MSP statute, which was first enacted in 1980, is to reduce the growth of Medicare by shifting primary payment responsibility to other entities that are ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=13952/19/2010 12:00:00 AMIn Agredano v. U.S. (Feb. 17, 2010), the Federal Circuit reversed the Court of Federal Claims decision that Customs and Border Protection breached an implied-in-fact warranty when it sold a car at auction containing concealed marijuana, drugs that ultimately resulted in the purchaser spending a year in a Mexican prison. The Federal Circuit held there was no implied-in-fact warranty that the car did not contain contraband, finding there was no meeting of the minds required to form such a warranty because Customs' regulatory duty to remove contraband from the forfeited vehicle did not create a contractual obligation and the agency had expressly disclaimed any and all warranties at the auction. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=13962/19/2010 12:00:00 AMThe International Consumer Product Health and Safety Organization ("ICPHSO") hosted its 17th annual meeting on February 15-18, 2010, at the Capital Hilton in Washington, D.C. Attendees included representatives from federal and state governments, consumer interest groups, industry, consulting firms, and consumer product testing facilities. Crowell & Moring attorneys Laura Walther and Natalia Medley attended this year's meeting. A highlight of the meeting was "CPSC Day," where officials from the Consumer Product Safety Commission ("CPSC") spoke about recent changes to the law, compliance and enforcement efforts, upcoming rulemakings, and the Commission's new strategies and policies. Panel members and speakers from the Commission included Chairman Inez Tenenbaum, General Counsel Cheryl Falvey, Assistant Executive Director of the Office of Compliance John "Gib" Mullan, and Deputy Director of the Office of Compliance Marc Schoem. Key points from the meeting included: Cadmium CPSC is studying the current cadmium limits set by ASTM F963 and conducting ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=13972/19/2010 12:00:00 AMThe current economic climate is creating strategic challenges and corresponding opportunities for many associations. Association membership and Boards of Directors are increasingly focusing on the need for cost cutting, increased efficiencies, and ways to stretch a dollar farther. And there are more pressures on association budgets, as some members request dues reductions, and other members temporarily pull back or entirely out of their associations. To respond, associations increasingly are considering “restructuring solutions”: strategic realignments, mergers, back-office consolidations, and/or joint ventures. These restructuring solutions provide association executives with opportunities to maneuver through these concerns. Bryan Brewer and Irene Barbarena are conducting this seminar. The seminar will be held at Crowell & Moring's Washington, DC office. http://www.crowell.com/NewsEvents/Event.aspx?id=10142/18/2010 12:00:00 AMAs part of its activities, the Vale Columbia Center creates opportunities for leading experts from academia, government, business and non-governmental organizations to exchange views, explore new ideas and help set the policy agenda. For this purpose, it arranges conferences, symposia, and a speakers' series. Matthew Genasci, Legal Advisor, Revenue Watch Institute, will address "Alternatives to Investment Arbitration: Contract Renegotiation in the Natural Resource Sector". Pieter Bekker is the moderator and Crowell & Moring is the sponsor. http://www.crowell.com/NewsEvents/Event.aspx?id=10112/18/2010 12:00:00 AMThis gala will take place at the historic Mellon Auditorium in Washington, DC. The event will include reception with gourmet hors d'oeuvres, followed by a three course dinner and presentations including special guest the Honorable Daniel I. Gordon, Administrator, Office of Federal Procurement Policy. W. Stanfield Johnson, Kent Morrison, Michael Newman and Adelicia Cliffe are attending this event. Crowell & Moring is a sponsor. http://www.crowell.com/NewsEvents/Event.aspx?id=10292/18/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=17792/18/2010 12:00:00 AMThere were 19,077 compulsory and creditors' voluntary liquidations in the UK in 2009, an increase of 22.8% on 2008.1 The amount of other corporate insolvencies (receiverships, administrations and company voluntary arrangements) also increased. The UK insolvency body, R3, recently warned that company collapses will hit record levels this year (a peak of approximately 28,000) and will stay high in 2011. The main reasons for this spike in insolvency, are, reportedly, aggressive creditors and less forgiving tax authorities.2 Directors' Duties and Liabilities In light of these alarming statistics, directors and officers of UK companies must be on their guard. In particular, directors must be aware of the duties codified in sections 171-177 of the Companies Act 2006: Duty to act within powers (section 171); Duty to promote the success of the company (section 172); Duty to exercise independent judgment (section 173); Duty to exercise reasonable care, skill and diligence (section 174); ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=14932/18/2010 12:00:00 AMThis is the premier course to help you and your organization understand FDA regulations for drug products. By attending this two day program, you will learn the essential elements of the laws and regulations that affect you in the drug industry. From the definition of “drug” to the different regulatory schemes for over-the-counter (OTC) and prescription (Rx) drugs, this meeting walks you through the major statutory provisions and regulations, and helps you develop a clearer understanding of how they work. You will receive a broad overview of FDA, the history of drug regulation, and details on specific areas of drug regulation. Additionally, you will examine FDA’s role in managing the drug approval process and how that process governs competition between branded and generic drugs. This program will help you think like an experienced drug professional. You will become more familiar with many of the acronyms used in the drug arena, ...http://www.crowell.com/NewsEvents/Event.aspx?id=10132/17/2010 12:00:00 AMEach year, the Omni Shoreham Hotel in Washington, D.C., becomes the center of the government contracts universe. Hundreds of leading attorneys, executives and government officials arrive for the annual West Government Contracts Year-in-Review Conference. Join these leading professionals for high-level, expert briefings on the past year's legal developments affecting government contracts – plus a chance to discuss these developments with experts and colleagues from around the country. Tom Humphrey will speak on "Bidding & Negotiation", Terry Albertson will speak on "Cost & Pricing Issues" and Brian Elmer and W. Stanfield Johnson will be speak on "Fraud, Debarment & Suspension." Click for conference program [PDF] http://www.crowell.com/NewsEvents/Event.aspx?id=9902/16/2010 12:00:00 AMOn Monday, February 15th, the conference begins with our traditional Day One Program focusing on International Product Safety activities to include recall effectiveness and information sharing activities around the world. Day Two will include 6 interactive workshops as follows: * Product Safety Research Panel * Chemical and Environmental Considerations in Product Safety * Business Ethics and Social Responsibility * I & E Campaigns - What not to do. * Design Safety and Risk Assessment * Product Safety Issues on the Hill Day Three brings us "CPSC Day". This popular program is a must attend event. CPSC's senior staff, led by Chairman Inez Tennenbaum, will review many of the Commission's new initiatives including, of course, major provisions of the CPSIA. And finally, day four brings us the Consumer Product Safety Law Seminar concurrent with the CPSC's Compliance course for beginners. Natalia Medley and Laura Walther are attending this event. Click for ...http://www.crowell.com/NewsEvents/Event.aspx?id=9852/15/2010 12:00:00 AMJames C. Chen, partner and co-chair of Crowell & Moring LLP's Product Risk Management (PRM) practice and member of the firm's Environment & Natural Resources Group, along with Jennifer E. Schlosser and Jennifer G. Knight, counsels in the firm's PRM practice, write about the legal ramifications surrounding unauthorized H1N1 product claims, which are being targeted by federal agencies. http://www.crowell.com/NewsEvents/Publications.aspx?#articles17692/15/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=17592/12/2010 12:00:00 AMAs part of its activities, the Vale Columbia Center creates opportunities for leading experts from academia, government, business and non-governmental organizations to exchange views, explore new ideas and help set the policy agenda. For this purpose, it arranges conferences, symposia, and a speakers' series. Gus Van Harten, Associate Professor, Osgoode Hall Law School, York University, Toronto will address "Empirical research on arbitrator bias - its relevance and its limitations". Pieter Bekker is the moderator for this event and Crowell & Moring is the sponsor. http://www.crowell.com/NewsEvents/Event.aspx?id=10102/11/2010 12:00:00 AMThe series is designed for lawyers entering into health law practice seeking an overview, as well as for experienced practitioners looking to expand their ability to represent clients in the health care industry. This year, faculty members also will discuss relevant health care reform provisions. Barbara Ryland is one of the speakers addressing "Compliance Issues and Privacy". http://www.crowell.com/NewsEvents/Event.aspx?id=11262/11/2010 12:00:00 AMThe Sentencing Guidelines Council (SGC), the body that sets sentencing bands for criminal offences, has recently issued the definitive guidelines for Corporate Manslaughter and Health and Safety offences causing death. The guidelines only relate to organisations, not individuals, and take effect from next Monday, 15 February 2010. They will apply to cases that appear before the courts after 15 February, even if the incident occurred a number of months or even years ago. The provisions relating to publicity orders, however, apply only to offences committed after this date. The criminal law was historically developed before widespread corporate activity, and therefore these guidelines are long awaited. Some commentators believe that these guidelines are likely to be models for sentencing in other corporate failings in the future, and therefore their development and implementation should be carefully monitored - we will, of course, keep our readers updated. The guidelines state that the normal ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=13942/11/2010 12:00:00 AMThe Terrorism, Unconventional Threats and Capabilities Subcommittee will meet to receive testimony on private sector perspectives on Department of Defense information technology and cybersecurity activities. David Bodenheimer is a witness at this hearing. http://www.crowell.com/NewsEvents/Event.aspx?id=10302/10/2010 12:00:00 AMRobert "Bob" L. Roth, partner in Crowell & Moring LLP's Heath Care Group, was featured in a front-page New York Times article on the lack of scrutiny and oversight placed on long-term acute care hospitals. According to the article, lawsuits, state inspection reports and statistics deep in federal reports paint a troubling picture of the care offered at long-term care hospitals in general. "It is typically only when the deficiencies are chronic or serious, such as when they directly affect patient care, that Medicare will take the unusual step of threatening decertification,” said Roth, speaking on behalf of Medicare. February 10, 2010 - New York Times http://www.crowell.com/NewsEvents/NewsAll.aspx?#news2942/10/2010 12:00:00 AMA special two-day program for contract managers, personnel professionals, legal counsel, project managers, financial personnel, and compliance officials covering: The applicable labor requirements - from wage rates and fringe benefits to health plans and overtime issues. When they are applied. How they are enforced. Efficiently incorporating them into your contract activities. This special two-day program will teach you what the Service Contract Act's labor requirements are, when they are applicable, and how to efficiently incorporate them into your daily contracting activities. The special Course Curriculum has been designed to offer maximum benefits to personnel professionals, contract managers, legal counsel, project managers, and others who are involved with a contract's labor requirements. Further, the course offers practical guidance on your rights, options and remedies. Amy O'Sullivan is participating in this program. http://www.crowell.com/NewsEvents/Event.aspx?id=9892/9/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18162/9/2010 12:00:00 AMThis seminar is presented by Crowell & Moring LLP and the Belgian Legal Counsel Institute. Program: 11:45 Welcome 12:05 Introductory (Anne De Wolf) 12:10 Power Point Presentation (Crowell & Moring) 13:15 Lunch 14:00 End Content: This seminar will discuss recent evolutions in the field of intellectual property and information technology. These evolutions include new methods of alternative dispute resolution, the liability of Google for the use of registered trademarks in Google AdWords, the (deliberate) use of software (and the temporary possibility for legalization by professional users), and the newest case law about the evidentiary value of electronic communication. A short description of these evolutions will be given together with relevant tips and tricks for daily practice. Flip Petillion, Axel Clerens and Jan-Diederik Lindemans are speaking at this seminar. Language: Dutch/French http://www.crowell.com/NewsEvents/Event.aspx?id=9862/5/2010 12:00:00 AMThis alumni breakfast will be held at Crowell & Moring in the Los Angeles office. http://www.crowell.com/NewsEvents/Event.aspx?id=9812/5/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=17702/5/2010 12:00:00 AMThe U.S. and Canada announced today a tentative agreement that would (1) provide certain permanent and reciprocal commitments under the WTO Agreement on Government Procurement (GPA) with respect to access to provincial, territorial, and state procurements and (2) temporarily provide Canadian suppliers access to certain state and local public works projects funded under the Recovery Act -- specifically those types of projects from which they were not traditionally excluded by statute (e.g., EPA, HUD and Energy) but were under the broader provision of the Recovery Act -- while in return temporarily provide U.S. suppliers access to a range of construction contracts across Canada's provinces and territories (as well as a number of municipalities). The agreement is subject to completion of each country's domestic approval process which the Canadians [press release] hope could be concluded by February 16, but on the U.S. side will require at least agency waivers under Section ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=13932/5/2010 12:00:00 AMThe goal of the EMLF Winter Workshops is to provide attendees with a comprehensive understanding of selected legal issues, by presenting them within the context of business considerations and public policy concerns affecting the energy industry. To accomplish this, the EMLF Winter Workshops feature exceptional faculty from a variety of disciplines. Kirsten Nathanson will speak about "Coal Ash - Beneficial Product, Hazardous Waste, or Both?" http://www.crowell.com/NewsEvents/Event.aspx?id=10082/4/2010 12:00:00 AMThe Commercial Real Estate for Women (CREW) Network will host its' 2010 Winter Leadership Summit & Council Meeting in Tampa, FL, February 4-6. This is an important opportunity for delegates and chapter leaders to connect with their counterparts across North America and expand business and chapter networks. Meetings provide professional development training, local market overviews and business networking opportunities. Keynote speakers include past CREW Network President, Sally French, who will describe her path to attaining the C-Suite and the role CREW Network played in her success, and Clark Robinson, Vice President of Marketing & Product Development at Grid International, who will offer a presentation about empowering individuals to embrace and capitalize on change to grow in today's competitive marketplace. Crowell & Moring partner and past NYCREW president, Barbara E. Champoux, is attending as a delegate and will make a presentation concerning the White Paper prepared by CREW's Industry Research Committee, ...http://www.crowell.com/NewsEvents/Event.aspx?id=10092/4/2010 12:00:00 AMAshley Riveira will speak on a panel. http://www.crowell.com/NewsEvents/Event.aspx?id=11242/4/2010 12:00:00 AMAndy Liu moderated an APABA-DC panel discussion on “The Ins & Outs of Appellate Litigation," featuring three of Washington’s most successful Asian American appellate litigators. Crowell & Moring hosted the event, which was co-organized by APABA-DC President Tacie Yoon. Heather Hodges, Lucy Grace Noyola and Howard Yuan attended this event. http://www.crowell.com/NewsEvents/Event.aspx?id=11212/4/2010 12:00:00 AMBruce Zabarauskas, counsel in Crowell & Moring LLP's Financial Services Group, writes about how professional boxing is unique from other sports because of its lack of a centralized governing body. The article specifically addresses the respective roles of boxers, promoters and managers, the requirements of boxer-manager contracts, the requirements of boxer-promoter contracts, and requirements concerning title fights. http://www.crowell.com/NewsEvents/Publications.aspx?#articles17682/4/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=19322/4/2010 12:00:00 AM Other sections of this issue: Privacy & Data Protection | ISP-Liability & Media Law | Contracts & E-Commerce | Electronic Communications & IT In the Netherlands, journalists obtain the right to protect their sources In the Netherlands, the Council of Ministers decided to legally define the right of journalists to protect their sources. Introduction Although Dutch case law already recognized the right of journalists to protect their sources, the Dutch Council of Ministers decided to legally define this right. With this legal definition, the Council of Ministers aims at more clarity and certainty for journalists. Who is concerned? Only those persons that are professionally active in journalistic activities will benefit from the right to protect their sources. As such, the enactment would be more strict than the protection granted by case law. Before, the criterion to be professionally active was of no importance. It was sufficient to address yourself ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=13882/4/2010 12:00:00 AM Other sections of this issue: Privacy & Data Protection | ISP-Liability & Media Law | Contracts & E-Commerce | Electronic Communications & IT Articles The new EU telecom rules entered into force Microsoft and Commission agree on browser choice for Windows users The new EU telecom rules entered into force On 18 December 2009, the new EU telecoms rules were published in the EU’s Official Journal. They entered into force on 19 December 2009, the day following their publication, and need to be transposed into national law by June 2011. The new Regulation establishing the new European Telecoms Authority called "Body of European Regulators for Electronic Communications (BEREC)" has direct effect and entered into force on 7 January 2010. As discussed in our previous newsletter, the European Parliament and Council of Ministers agreed in November 2009, after two years of discussion, on the reform of the EU telecom package ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=13892/4/2010 12:00:00 AM Other sections of this issue: Privacy & Data Protection | ISP-Liability & Media Law | Contracts & E-Commerce | Electronic Communications & IT Articles A Paris Court judges that Google books infringes French copyright law Belgian Parliament passes new Gaming Act despite EU Commission's warning A Paris Court judges that Google books infringes French copyright law According to the Court of Paris, Google infringes copyright law by scanning books that are protected by copyright and making excerpts of these books available to the public in its Google Books search results, without authorization of the author. Background Google Books is a service offered by Google that searches the text of books that are relevant to the user's keyword search. These books have been scanned, converted to text using optical character recognition, and stored in the digital database of Google . When clicking a result from Google Books, an interface opens ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=13902/4/2010 12:00:00 AMIn McKissak+Delcan JV II (Jan. 13, 2010), GAO for what may be the first time rejected a DCAA determination that the offeror’s accounting system was inadequate and sustained the protest because the agency had improperly relied on DCAA’s determination in rejecting the offeror’s proposal. Adequacy of business systems is an element of an agency’s responsibility determination when evaluating proposals, and bid protests are likely the only viable forum for contractors to contest findings of system inadequacies. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=13912/4/2010 12:00:00 AM[English Translation]    [Dutch Translation]    [French Translation] European Parliament Hearing of László Andor, Commissioner-designate for Employment and Social Affairs Before the new European College of Commissioners takes office in February 2010, Commissioner-designates have faced evaluations by Members of the European Parliament (MEPs) during a series of three-hour Question and Answer sessions. An economist, academic and advisor to various governmental and non-governmental bodies including as a director of the European Bank for Reconstruction and Development, László Andor, Commissioner designate for Employment and Social Affairs was assessed by members of the Employment and Social Affairs committee. Mr. Andor faced questions on his competences as a new Commissioner, his ability to deal with the issues in his portfolio , his European commitment as well as his personal independence. During the hearing, MEPs focused their questions on the revision of the working-time directive and the interpretation of the directive on the posting of workers. With regard to ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=13922/4/2010 12:00:00 AMTom Kruza will make a presentation on, “What is Next After You’re Awarded an SBIR-STTR Contract” http://www.crowell.com/NewsEvents/Event.aspx?id=9792/3/2010 12:00:00 AMThe Symposium is designed as an intermediate to advanced program addressing significant D&O Liability issues affecting the legal and insurance marketplace. This year, the panels will include industry thought leaders discussing underwriting and claims dynamics in bankruptcy, mediation tactics, the heightened level of securities class action filings, and the D&O Marketplace year in review. In addition, the Symposium will present two timely and topical keynote speakers: Rudolph W. Giuliani, Former Mayor of New York City, Founder of Giuliani Partners, and Partner at Bracewell & Giuliani LLP and Kenneth R. Feinberg, Founder, Managing Partner at Feinberg Rozen, LLP and Compensation Czar under the Obama Administration. Nilam Sharma, Patricia Connally and Kirsten Addison-Smith are attending this event. http://www.crowell.com/NewsEvents/Event.aspx?id=9832/3/2010 12:00:00 AMThis event is sponsored by New York University and NYU's Schack Institute of Real Estate Alumni Board. This year's topic is "Adapting in an Era of Change." The discussion will be held at New York University's Kimmel Center. "Era of Change" refers not only to the past year's tumultuous economic environment, but also to the continuing changes in the workplace resulting from technological advancement, globalization, etc. Panelists include Faith Hope-Consolo, Prudential Douglas Elliman Real Estate, Susan Chapman, Citi Realty Services, Ruth Agnese, Appraisers and Planners, Inc., Gentry Ashmore Hoit, Rubenstein Partners and Helen Hwang, Cushman & Wakefield, Inc. Barbara Champoux is the Moderator. Click for event information [PDF] http://www.crowell.com/NewsEvents/Event.aspx?id=9872/3/2010 12:00:00 AMWashington, D.C. - February 3, 2010: Crowell & Moring LLP is pleased to announce that 19 of its attorneys have been honored by the New York State Bar Association (NYSBA) as 2009 "Empire State Counsel" for their outstanding pro bono effort s. The honor was bestowed at the NYSBA's annual Justice for All Luncheon on January 28, 2010 to attorneys who performed 50 or more hours of pro bono service in 2009. Crowell & Moring pro bono partner Susan M. Hoffman said, "Crowell & Moring's commitment to pro bono work has kept pace with the firm's rapid growth in recent years, and we are honored to be part of the New York State Bar Association's important efforts to benefit the poor." Crowell & Moring Labor & Employment partner James E. Kellett, who spearheads many of the New York office's pro bono efforts along with counsel Timothy J. Fierst, said, "The ...http://www.crowell.com/NewsEvents/PressRelease.aspx?id=2842/3/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=17482/3/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=17582/3/2010 12:00:00 AMOn January 27, 2010, the Securities and Exchange Commission ("SEC") approved, by a slight majority, the issuance of guidance on how existing public company-disclosure requirements may apply to climate change. A pre-publication copy of the guidance was made available on February 2, 2010 (see below). Unlike a law or rule promulgated pursuant to legal authority, the interpretive guidance is not legally binding. It is, nonetheless, significant as the SEC's first express statement regarding how climate change issues may implicate companies' disclosure requirements. Existing disclosure rules cover a company's risk factors, business description, legal proceedings, and management discussion and analysis. Companies must disclose to investors material information that may impact their business. Materiality is generally determined by reference to the "reasonable investor." The SEC has long acknowledged that environmental factors may trigger disclosure duties under certain circumstances. The issue of climate change was not specifically considered until 2007. In September 2007, ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=13872/3/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=17982/2/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=17992/2/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18282/2/2010 12:00:00 AMThe last year has produced a business climate with challenges like none seen in recent history, and industry predictors assure us that more change is coming. The industry continues to work toward the return of the capital markets while managing with severely limited liquidity. Across all sectors of the economy, businesses are learning to do more with fewer resources under heightened scrutiny and ever-increasing calls for transparency. Clearly, the commercial/multifamily finance industry has entered a new climate in which new strategies are being developed in order to take advantage of new opportunities. By attending the largest commercial real estate finance industry convention, attendees will have an opportunity to network with colleagues from across the industry and participate in dynamic sessions led by industry leaders guaranteeing the most up-to-date information and research on commercial real estate trends. William O'Connor is the moderator and he and John Bricker will speak on the ...http://www.crowell.com/NewsEvents/Event.aspx?id=9622/1/2010 12:00:00 AMOn 19 January, the European Commission published an important report on methods of quantifying antitrust damages. The Commission has long promoted private actions for damages by victims of competition law and such actions are increasing in courts across Europe. However, the lack of clarity on how to quantify damages in such actions can be a practical barrier to claims. At this event, the report's ramifications will be discussed by those involved in its preparation, and solicitors active in such litigation who represent both plaintiffs and defendants. Questions to be discussed: How do you quantify harm suffered? Which types of method are acceptable? What are feasible? What is best practice for estimating damages? Rob Murray is speaking at this event. Other speakers include: Dr. Gunnar Niels, Oxera and Jon Lawrence, Freshfields Bruckhaus Deringer LLP. http://www.crowell.com/NewsEvents/Event.aspx?id=9882/1/2010 12:00:00 AMWashington, D.C. - February 1, 2010: Crowell & Moring LLP is pleased to announce that the firm's Antitrust Group has been recommended in Global Competition Review's (GCR) 2010 edition of the GCR 100: The World's Leading Competition Law Practices, for the category of "United States: Governmental Antitrust." GCR is the leading international journal of competition policy and regulation. According to GCR, "The team is representing long-standing client AT&T on its $2.8 billion acquisition of Centennial Communication. It is also acting for Rio Tinto, one of the world's largest mining companies, on its $761 million sale of the Jacobs Ranch coal mine to Arch Coal. This year, Crowell & Moring successfully advised UnitedHealth Group and Sierra Health Services, when the American Medical Association and the Services Employees International Union challenged the merger of the health companies. The firm also advises Via Licensing and the Open Patent Alliance, on the intersection between ...http://www.crowell.com/NewsEvents/PressRelease.aspx?id=2962/1/2010 12:00:00 AMEarlier this year, the U.S. International Trade Commission determined that semiconductor integrated circuit chips imported by Seagate Technology LLC and Crowell & Moring client LSI Corp. do not infringe three Qimonda AG patents. The firm’s representation of LSI Corp. is featured in a Intellectual Property Law360 article highlighting the win. The ITC on January 28, 2010 decided to terminate its investigation with a finding of no violation, ending its review of a final initial determination by an administrative law judge that had found the companies did not violate Section 337 of the Tariff Act of 1930. Crowell & Moring’s team was led by Intellectual Property Group partner Kathryn L. Clune. Feb. 1, 2010 – Intellectual Property Law360 http://www.crowell.com/NewsEvents/NewsAll.aspx?#news2952/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles17832/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles17802/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Publications.aspx?#articles17862/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=18272/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=17472/1/2010 12:00:00 AM http://www.crowell.com/NewsEvents/Presentation.aspx?id=17602/1/2010 12:00:00 AMIn American Security Programs, Inc. (Jan. 15, 2010), GAO determined the awardee was ineligible to receive a Federal Supply Schedule task order because certain required services were outside the scope of the vendor’s FSS contract. Here, the RFQ was issued under three Special Item Numbers and the awardee offered services under only one of the SINs, which GAO decided was not broad enough to meet the task order requirements. http://www.crowell.com/NewsEvents/Newsletter.aspx?id=13842/1/2010 12:00:00 AMThis summary of key lawsuits affecting managed care is provided by the Health Care Group of Crowell & Moring LLP. If you have questions or need assistance on managed care law matters, please contact Art Lerner or any member of the health law group. Please click to view the full Crowell & Moring Managed Care Lawsuit Watch archive. Cases in this issue: Connecticut State Dental Association v. Anthem Health Plans Inc. Peoria Day Surgery Center v. OSF HealthCare System Little Rock Cardiology Clinic PA, et al. v. Baptist Health Schermer v. BCBSM, Inc. John F. Kennedy Medical Center v. Dialysis Clinic Inc Group Health Plan G., Parent and Next Friend of K. v. Hawaii Department of Human Services   Connecticut State Dental Association v. Anthem Health Plans Inc. No. 08-15268 (11th Cir. Dec. 30, 2009) The Eleventh Circuit Court of Appeals ruled that ERISA completely preempted provider claims against an ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=13852/1/2010 12:00:00 AMThe recent Federal Circuit decision, Wyeth v. Kappos (Fed. Cir., Jan. 7, 2010) available at http://www.cafc.uscourts.gov/opinions/09-1120.pdf, held that the United States Patent and Trademark Office (USPTO) has been incorrectly calculating Patent Term Adjustment (PTA) with regard to the overlapping delay provision set forth in 35 U.S.C. 154(b)(2)(A). The USPTO has announced that it will now calculate PTA in accordance with the Wyeth decision. However, the USPTO will not automatically recalculate PTA for issued patents, and will not be able to conform their PTA calculations to Wyeth until the estimated date of March 2, 2010. In the interim, the USPTO has implemented a special procedure to allow applicants to request reconsideration of PTA for patents issued prior to March 2, 2010 provided that the request is made no later than 180 days after the issue date. The special procedure can only be used to correct miscalculations with regard to the overlapping ...http://www.crowell.com/NewsEvents/Newsletter.aspx?id=13862/1/2010 12:00:00 AM