../Global/RSS.aspxThe latest Events, Press Releases, Publications, and Newsletters from Crowell & Moring.Jane Wessel will speak on Day Two on "Planning for and Successfully Resolving International Disputes through the Use of Arbitration" and on the Day Three Roundtable "International Transactions: Tips, Traps and Techniques." She will also co-host a Post Conference Workshop titled "A Step-by-Step Guide to International Commercial Arbitration." ../NewsEvents/Event.aspx?id=46611/24/2008 12:00:00 AMJane Wessel will speak on Day Two on "Planning for and Successfully Resolving International Disputes through the Use of Arbitration" and on the Day Three Roundtable "International Transactions: Tips, Traps and Techniques." She will also co-host a Post Conference Workshop titled "A Step-by-Step Guide to International Commercial Arbitration." ../NewsEvents/Event.aspx?id=46510/27/2008 12:00:00 AMIAWA's signature event is an annual conference in the Fall of each year. The conference, held in major cities around the world, features timely and important topics presented by prominent women in the field and offers opportunities for global networking. Recent venues include Shanghai, San Francisco, Lisbon, Phoenix, London, Miami, Montreal, Ireland, Seattle, Paris, New York and Buenos Aires. Lisa Savitt will be leading a panel on "20 Years of Change in the Aviation Industry--Then and Now." ../NewsEvents/Event.aspx?id=48510/22/2008 12:00:00 AMThis meeting addresses: Current developments in view of investigations by the European Commission Licensing and distribution strategies at the interface to antitrust law Conduct and preventive measures in pharmaceutical companies Werner Berg is speaking at this conference. The topic is "How do I behave with dawn raids"? ../NewsEvents/Event.aspx?id=4639/30/2008 12:00:00 AMJane Wessel will speak on Day Two on "Planning for and Successfully Resolving International Disputes through the Use of Arbitration" and on the Day Three Roundtable "International Transactions: Tips, Traps and Techniques." She will also co-host a Post Conference Workshop titled "A Step-by-Step Guide to International Commercial Arbitration." ../NewsEvents/Event.aspx?id=4649/29/2008 12:00:00 AMAn exciting mix of a large number of cutting-edge programs with world class experts in a wide array of international law subjects providing valuable insights on important current developments. These programs will be organized into special tracks to assure that there is substantial content readily accessible to your specific area(s) of interest. These tracks include international dispute resolution, international business law, and public international law, among others. Three top flight evening networking receptions so that you can discuss the latest legal, ethical and international issues with contemporaries from across the United States and around the world. The meeting will also have special programming for young lawyers. Alan Gourley is speaking at this event. The topic is "Corruption in Procurement - Lessons Learned from the U.S. Air Force Tanker Procurement, And Practical Ways to Keep Your Clients Out of Jail." Michael Martinez and John Murino are on the planning committee for this ...../NewsEvents/Event.aspx?id=3579/23/2008 12:00:00 AMOver the past twenty years, the alumnae Celebrations have drawn HLS women from all over the world from a vast range of fields including law, business, academia, government, politics, non-profit work, and journalism and the arts, to name just a few. Celebration 55 is the first alumnae Celebration since Dean Elena Kagan '86 became the Law School's dean and the first to focus on a particular theme: women and leadership in all its many guises. Ashley Riveira is one of the panelists at this celebration. The topic is "Feeding the Pipeline: Strategies for Training and Retaining Women." ../NewsEvents/Event.aspx?id=4569/20/2008 12:00:00 AMA half-day symposium preceding the second LCIA European Users’ Council Symposium for 2008. ../NewsEvents/Event.aspx?id=3969/19/2008 12:00:00 AMClick here for a PDF of the symposium program. ../NewsEvents/Event.aspx?id=3979/19/2008 12:00:00 AMThis course is designed to provide specialized insights and training, from the varied viewpoint of in-house counsel, trial counsel, international arbitrators, academics, and legal experts, as relates to the advocacy of claims and defenses in international oil & gas arbitrations and mediations; provides a unique perspective into the application of international commercial and investment arbitration laws to the complexities of the upstream, midstream and downstream sectors of the oil & gas industry; identifies the key issues of commercial and investment arbitration procedure as they interrelate with discrete issues arising in the oil & gas industry; highlights the pitfalls that can arise due to the subtleties of arbitration law and the complexities of oil & gas contractual provisions and disputes and shows how to avoid them; explores how best to exploit the arbitration, mediation and other dispute resolution processes to ensure that your client’s claims and defenses are fully considered and ...../NewsEvents/Event.aspx?id=4739/8/2008 12:00:00 AMThe Distressed Commercial Real Estate Summit EAST will bring together industry players to discuss opportunities in distressed commercial real estate in the leading market areas in the East. The Summit is an exciting new regional event designed to provide the latest market intelligence on distressed CRE investing and create a high-powered networking platform for buyers and sellers of distressed commercial property and loans. It brings together some of the industry’s leading players—buyers and sellers—to discuss the key market trends in distressed CRE, such as: When will the market hit bottom and what will the rebound look like? When is the right time for investors to pull the trigger? What are the opportunities in distressed property and paper? When will banks, insurance companies, and special servicers begin unloading their distressed loans and what strategies and processes are they adopting to deal with problem and distressed loans? How will the CMBS market ...../NewsEvents/Event.aspx?id=4629/3/2008 12:00:00 AMIn its 9th year, this is the most comprehensive and varied event in the IBC Legal Conferences' Competition Law Portfolio and features a panel of 15 experts from regulatory and governmental authorities and from private practice law firms. Topics range from merger control to IP issues, and from articles 81 and 82 to litigation and economic principles and much, much more! Sean-Paul Brankin is speaking on Horizontal Agreements. ../NewsEvents/Event.aspx?id=4288/13/2008 12:00:00 AMCyber on the Hill: : Congressional Initiatives and Oversight for Emerging Cybersecurity Issues ../NewsEvents/Event.aspx?id=4828/5/2008 12:00:00 AMThese workshops are designed to give hedge fund professionals a better understanding of specific issues confronting the hedge fund industry. ../NewsEvents/Event.aspx?id=4797/29/2008 12:00:00 AMThese workshops are designed to give hedge fund professionals a better understanding of specific issues confronting the hedge fund industry. ../NewsEvents/Event.aspx?id=4787/22/2008 12:00:00 AMAlan Gourley and Tim McCrum will speak on "Drafting and Application of International Arbitration Provisions" as part of the Mining Section on July 19. ../NewsEvents/Event.aspx?id=4307/17/2008 12:00:00 AMThe National Association of Women Lawyers (NAWL) is a national voluntary legal professional organization devoted to advancing the interests of women lawyers and women’s legal rights. Founded in 1899, the Association is the oldest women’s bar association in the country, and has served as an active voice for the concerns of women in the legal profession and as an educational and advocacy forum. At this year's luncheon, NAWL will be honoring Elena Kagan, Dean, Harvard Law School, DuPont Legal, Helaine M. Barnett, President, Legal Services Corporation, Hon. Deborah A. Batts, US District Judge, Southern District of New York, Suzanne B. Goldberg, Professor, Columbia Law School, Marsha Anastasia, Angela Beranek Brandt, Barbara Flom and Karen B. Kohn. Crowell & Moring is one of the sponsors of this luncheon. ../NewsEvents/Event.aspx?id=4807/16/2008 12:00:00 AMMany Institute graduates return each year to stay on top of the latest developments in Government contract costs. Recognizing that a significant need exists for a specially tailored, advanced program devoted exclusively to the unique rules, problems, practices and demands of Government contract costs matters, Federal Publications developed this special program: The Masters Institute in Government Contract Costs. We are pleased to once again offer the Institute. The foundation of the Institute is its exceptional Faculty-veteran professionals who are leading authorities on cost matters. Their outstanding qualifications and lecture topics are all detailed below. You should note, however, that the Institute is specifically designed for experienced procurement professionals. This is vital if you are to get the most out of this course. 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, ...../NewsEvents/Event.aspx?id=4847/15/2008 12:00:00 AMThis conference aims to explore the many different faces of “international economic law” in order to reflect critically on its past, present and future paths. It will seek to explore issues concerning the content of the discipline, its evolution as a distinct field, and its relation with other fields of study. ../NewsEvents/Event.aspx?id=3957/15/2008 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 Goverment Contracting. Every year, since 1972, we have offered a specially conceived, advanced program in Government contracting: The Masters Institute In Government Contracting. We are pleased to once again offer the Institute-completely updated for this presentation. 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 ...../NewsEvents/Event.aspx?id=4837/14/2008 12:00:00 AM ../NewsEvents/Publications.aspx?#articles11757/7/2008 12:00:00 AMThe supplemental funding legislation for the wars in Iraq and Afghanistan (Emergency Military Supplemental Appropriations Act (H.R. 2642)) just signed by the President included the much-debated provision requiring disclosure of "violations of Federal criminal law or overpayments in connection with the award or performance of covered contracts or subcontracts," including contracts outside the United States. In addition, the new law mandates public disclosure of the compensation paid to the top five executives of every contractor (including privately held companies) if the contractor earned in the preceding fiscal year more than 80 percent of its revenue and more than $25 million from "Federal awards." ../NewsEvents/Newsletter.aspx?id=9487/3/2008 12:00:00 AMOn June 30, 2008, the Centers for Medicare & Medicaid Services ("CMS") released the Proposed Physician Fee Schedule ("PPFS") rule for Fiscal Year 2009. As in previous years, the 2009 PPFS includes significant proposed changes to Medicare payment policies, including proposed changes to the purchased diagnostic test, or anti-markup, rule and a new Stark Law exception. The PPFS proposes changes that would clarify the anti-markup rule codified at 42 C.F.R. §414.50 by conforming certain aspects of the rule to the Stark Law, 42 U.S.C. §1395nn. Specifically, the PPFS proposes to revise the definition of "office of the billing physician" to include diagnostic services furnished in the same building as the billing physician's office, even if services are furnished on different floors (provided that applicable supervision requirements are met). The PPFS also proposes to: clarify that the key factor in applying the anti-markup rule is physician supervision, not the technician's employment ...../NewsEvents/Newsletter.aspx?id=9477/2/2008 12:00:00 AM ../NewsEvents/Publications.aspx?#articles12317/1/2008 12:00:00 AMThe Office of Government Ethics (OGE) issued a 42-page final rule (http://www.crowell.com/PDF/Federal-Register_06-25-08.pdf) providing guidance, including examples, on various post-employment restrictions under section 207 of title 18, including the permanent, one-year, and two-year representational bans applicable to former government employees and, relatedly, the companies that hire them. Because some of the key terms in title 207 are also used in other conflict of interest statutes and regulations -- e.g., the procurement integrity compensation ban in title 41 and FAR 3.104, as well as the conflict of interest restriction governing employment discussions between government personnel and the private sector under section 208 -- the OGE rule has broad applicability and relevance. ../NewsEvents/Newsletter.aspx?id=9467/1/2008 12:00:00 AMThe American Health Lawyers Association Annual Meeting, the pinnacle of this organization's educational year, provides a forum for attendees to network and interact with colleagues, friends, and family and learn the latest information in health law. Art Lerner will speak at this event. The topic is Health Care Mergers and the Antitrust Lawyer. ../NewsEvents/Event.aspx?id=4266/30/2008 12:00:00 AMThe European Commission today introduced a new settlement procedure for cartel cases, under which the parties that acknowledge their participation in a cartel may obtain a 10% reduction in fines. This procedure is intended to simplify the Commission’s administrative processes, freeing up resources so that it can pursue new cases. It may also reduce the number of appeals to the European Courts in cartel cases. Parties do not automatically have a right to settlement under the new process, and the Commission will have full discretion to determine whether a case is suitable for settlement. Nor will the Commission negotiate the use of evidence or the appropriate sanction. The Commission will inform the parties of its case and the supporting evidence. Parties will then have to indicate whether they wish to pursue a settlement. In order to settle, parties will have to acknowledge the scope and duration of the cartel as ...../NewsEvents/Newsletter.aspx?id=9456/30/2008 12:00:00 AMSince the landmark decision in Firestone Tire & Rubber Co. v. Bruch, 489 U.S. 101 (1989), courts have struggled with the issue of the level of deference to accord to a fiduciary's claims denial decision when that fiduciary is operating under a conflict of interest. The Circuit Courts have differed not only on the methodology to be employed in weighing the effect of such conflicts, but also on the extent to which conflicts exist at all. The Supreme Court has once again entered this field in its decision in Metropolitan Life Ins. Co. v. Glenn, (No. 06-923, June 19, 2008), adopting a broad view of those situations involving a conflict of interest, and requiring courts to take such conflicts into account on a case-by-case, situation specific basis. While technically preserving the deferential standard originally set forth in Firestone, the Court's decision in Glenn will likely subject fiduciary claims decisions to ...../NewsEvents/Newsletter.aspx?id=9446/30/2008 12:00:00 AMDaniel Vielleville will be attending this conference. ../NewsEvents/Event.aspx?id=4676/29/2008 12:00:00 AMThis program, sponsored by the American Bar Association Section of Antitrust Law and the ABA Center for Continuing Legal Education, will explore how the treatment of antitrust whistleblowers can affect the course of an international investigation and result in potentially added exposure and ethical complications. Effects on amnesty, cooperation, and compliance with Sarbanes-Oxley and other federal and state law obligations will be considered. International and U.S. prosecutors and defense counsel will provide multiple perspectives.  Dan Zelenko, a partner in Crowell & Moring's New York office, will be part of the program faculty. ../NewsEvents/Event.aspx?id=4746/26/2008 12:00:00 AMThis forum's attendees included a cross-section of industry representatives, ranging from aircraft owners, corporate flight departments, charter carriers, aircraft and parts manufacturers, maintenance providers and professional advisors, and also featured a static display of several business jet aircraft. Crowell & Moring's Gerald Murphy presented on the topic, On-Demand Operations Under Part 135 and the "New" Air Taxi Business Models – Has Everything (or Nothing) Changed? With the dawn of the very light jet, a new crop of enterprising operators, from DayJet, Linear Air and Pogo, to name a few, have sought to provide new options for on-demand air taxi service conducted under Part 135 of the Federal Aviation Regulations. During this session participants will learn how to: Understand new business models being used in the on-demand marketplace - ranging from those based on per-seat sales, to fractional charters, to the sale of empty legs; Identify the sections of Part 119 ...../NewsEvents/Event.aspx?id=4816/26/2008 12:00:00 AMIn today’s competitive federal market, contractors cannot afford to focus on securing one contract at a time. Contractors must develop and implement certain core “offensive” and "defensive” strategies to not only survive, but to succeed at each of the key phases of development. This comprehensive one-day seminar focuses on the unique insight of renowned experts in each of the three “phases” in the lifetime of a Government contractor. INPUT, the leading provider of information and industry analysis to the Government contracting community, will address: How the landscape for Government spending and contracting is changing and the impact on companies competing in the market Strategies companies may employ to maximize their growth in the environment CROWELL & MORING LLP, with the breadth and depth of specialized Government contracting legal expertise that is widely recognized as the “best in the business,” will address: The essential “tools” to have in place from the ...../NewsEvents/Event.aspx?id=4586/26/2008 12:00:00 AM ../NewsEvents/Presentation.aspx?id=10006/26/2008 12:00:00 AMFor the fourth year in a row, Chambers USA, in its annual publication rating law firm practice groups, has given Crowell & Moring's Government Contracts Group a nationwide rank of "one," the highest rank a practice group can achieve.  The Chambers publication, which is based upon interviews with clients and other practitioners in each practice area, also named Terry Albertson, Tom Humphrey, Stan Johnson, Kent Morrison, and Angela Styles as leading lawyers in the Government Contracts field (press release: http://www.crowell.com/NewsEvents/PressRelease.aspx?id=211; Chambers summary: http://www.chambersandpartners.com/usa/resultseditorial.aspx?fid=2838&cid=618&pid=15&solbar= 1&grouptype=2#2838). ../NewsEvents/Newsletter.aspx?id=9416/26/2008 12:00:00 AMThe 10th anniversary DuPont Minority Counsel Conference (MCC) will take place in Wilmington, Delaware on June 25-27. The MCC is an annual event that brings together lawyers and other professionals of color at DuPont and its Primary Law Firms and Service Providers to network, hear from distinguished speakers, and participate in substantive workshops. Arif Ali will be speaking on, and Theresa Lopez will be moderating, a panel discussing "Diversity and Cross-Cultural Sensitivity in International Business and Law," while Monica Parham will be participating in a panel discussion entitled "Inside the Minds of MCN Alumni and Chief Legal Diversity Officers." Theresa Lopez and Monica Parham serve on the Planning Committee for the event. Arif Ali, Nicole Jenkins, Andy Liu, Theresa Lopez, John Murino, Monica Parham and Gloria Martinez Trattles will be attending this event. ../NewsEvents/Event.aspx?id=4706/25/2008 12:00:00 AMFood Labelling and Health Claims – the 17th annual conference on European Food Law, from the publisher of EU Food Law Weekly - brings together European Commission representatives, MEPs, food companies and consumer groups to discuss and debate the key issues in European food policy. A keynote address from Paola Testori, Deputy Director General of DG SANCO, highlights the most recent developments in the legislative proposals on food and nutritional labelling, as well as physical activity, and examines the consequences for the food industry in Europe. Hear key industry figures from Austria, Finland, Germany, Sweden, Netherlands and the European Commission who will present their views on the health claims lists and reactions to EFSA’s opinions on the disease risk reduction approvals. Linda Crow is attending this conference. ../NewsEvents/Event.aspx?id=4776/25/2008 12:00:00 AMCrowell & Moring Government Contracts Group partner Shauna E. Alonge is featured for her participation in Washington Technology's Top 100 Conference and Awards luncheon. More than 200 top government leaders attended the June conference. The conference addressed topics including: market overview; compliance and ethics landmines; the presidential elections; and hot topics in contracting. June 25, 2008 – Washington Technology ../NewsEvents/NewsAll.aspx?#news2146/25/2008 12:00:00 AMThe George Washington University Law School Government Procurement Law Program, in cooperation with the ABA Section of International Law's International Procurement Committee, and the ABA Public Contract Law ection’s International Procurement Committee, present a special session on: Practicing Procurement Law in Europe.  Four European procurement lawyers -- a British barrister, a former senior official in the French government, the leader of a major German procurement practice, and a senior associate in an international firm in Brussels -- will discuss what it’s like to work in public procurement in the European Union, where rocurement law is rapidly emerging as an important field of practice. ../NewsEvents/Event.aspx?id=4756/24/2008 12:00:00 AMThe Department of Energy is committed to increasing the contracting opportunities awarded to small and disadvantaged businesses. The opportunities are great! DOE purchases over $22 billion worth of goods and services annually including facility management, remediation, construction, research and development, management and scientific consulting, plate work manufacturing, administrative services, data processing, security, engineering, and waste treatment and disposal. Angela Styles is a moderator of a "Teaming Panel." This session discusses the many mechanisms small business companies can use to gain access to prime and subcontracts. The panel explores the types of teaming arrangements available to small businesses and how “teams” can better compete for Department of Energy (DOE) opportunities. ../NewsEvents/Event.aspx?id=4596/24/2008 12:00:00 AMCrowell & Moring International Dispute Resolution Group co-chair Stuart H. Newberger is featured in the Focus Europe edition of the American Lawyer for representation of his client Mansur Maqsudi/Roz Trading Ltd. June 24, 2008 – The American Lawyer ../NewsEvents/NewsAll.aspx?#news2136/24/2008 12:00:00 AMIn sustaining the protest in DRS C3 Systems, LLC, (Feb. 26, 2008, http://www.gao.gov/decisions/bidpro/310825.pdf), GAO found that the agency broke nearly every conceivable rule in the past performance evaluation by disregarding the awardee's "extremely adverse" past performance, departing from the stated evaluation criteria, failing to weigh the relevance of available past performance data, and incorporating "various inaccuracies" in the evaluation report. In arriving at its decision, the GAO also highlighted the agency's evolving litigation positions and rejected the agency's "no prejudice" defense when GAO could not "determine that [the awardee's] proposal would remain technically superior overall." ../NewsEvents/Newsletter.aspx?id=9396/24/2008 12:00:00 AMCrowell & Moring is featured in the American Lawyer's "Big Deals" column for the firm's work on Reed Elsevier’s agreement to buy ChoicePoint Inc. for $4.1 billion. Led by Crowell & Moring partner and vice-chair of the firm’s Antitrust Group, Robert A. Lipstein, along with counsel Michael Van Arsdall, the firm represented Reed Elsevier on antitrust matters surrounding the deal. Pending approval from shareholders and regulators, the deal is expected to be finalized in the summer of 2008. June 2008 – American Lawyer ../NewsEvents/NewsAll.aspx?#news2126/20/2008 12:00:00 AM ../NewsEvents/Publications.aspx?#articles12186/20/2008 12:00:00 AMOn June, 17, 2008, the President signed the Heroes Earnings Assistance and Relief Tax (HEART) Act of 2008 (H.R. 6081), which, for the first time, requires contractors to pay FICA (Social Security and Medicare) payroll taxes on the wages of ex-pat employees of foreign subsidiaries (including some subsidiaries in which the contractor has only partial ownership), if the employees are working on contracts for the United States Government. The increased costs resulting from the change in the law (effective August 1, 2008) should be allowable and recoverable costs, reimbursed by the Government in full on cost-reimbursement contracts, but whether contractors performing fixed-price and fixed-hourly-rate contracts will be eligible for equitable adjustments to recover increased costs resulting from the change in law may be more controversial. ../NewsEvents/Newsletter.aspx?id=9386/20/2008 12:00:00 AMPresented by Crowell & Moring LLP ; Fairfax County (Virginia) Economic Development Authority; and Instituut voor bedrijfsjuristen/Institut des juristes d'entreprise. Expert panelists will discuss:  Commercial / Corporate Options and Considerations, Market Entry Strategies;  Understanding and Avoiding Legal / Regulatory Risks – Doing Business with the US and State Governments; and  Case Study: Testimonial of a European Company Successfully Growing in the US. Speakers to include:  Jan E. Mul, European Business Development, Fairfax County (Virginia);  Morris DeFeo, Partner, Crowell & Moring; Alan Gourley, Partner, Crowell & Moring; Otmar Winzig, Vice President Investor Relations, Software AG;  Norbert Eder, Vice President Corporate Communications, Software AG. ../NewsEvents/Event.aspx?id=4546/19/2008 12:00:00 AMYesterday, GAO overturned the Air Force’s award of the contract to Northrop Grumman/EADS (http://www.gao.gov/press/boeingstmt.pdf) for aerial refueling tankers, identifying seven distinct errors in the competition, including flaws in the technical and cost evaluations (the Air Force incorrectly determined that NG was the low cost offeror) and in the discussions. GAO recommended that the Air Force reopen discussions and request new proposals. ../NewsEvents/Newsletter.aspx?id=9376/19/2008 12:00:00 AMBloomberg Finance L.P. is hosting its Third Annual Securities Law Symposium, co-sponsored by the CLE Institute and the New York County Lawyers' Association. This one-day program updates participants on the latest developments in securities regulation and compliance, and will take place at Bloomberg's Lexington office location. Arthur Levitt, former Chairman of the U.S. Securities and Exchange Commission, will give the opening remarks. Robert Frucht will attend this program. ../NewsEvents/Event.aspx?id=4716/17/2008 12:00:00 AMThe 13th Annual Corporate Aircraft Transactions Conference was held at the Marriott Marquis in New York City. This premier event brought together seasoned advisors in the industry to address current changes in the competitive landscape of private jet ownership and to explore the most critical issues impacting the financing, acquisition, ownership and operation of corporate aircraft. Crowell & Moring co-sponsored the event and Eileen Gleimer served as the Conference Co-Chair. Eileen Gleimer spoke on "FAA/DOT Oversight and Enforcement" and "Insurance Issues." Mark Ringel spoke on "Charter Management Agreements," and Gerry Murphy spoke on "Private Equity Investment in Aviation." Various firm clients were in attendance, including Chick-fil-A, New World Aviation, Realogy Corporation, American Electric Power and Fidelity. Paul Alp, Meaghan Molinini and Kathleen Duffy also attended the conference. ../NewsEvents/Event.aspx?id=4766/17/2008 12:00:00 AMOn June 9, 2008, the Government Accountability Office issued a final rule amending its rules for protests pursuant to various authorization and appropriations act changes (http://edocket.access.gpo.gov/2008/pdf/E8-12790.pdf). Specifically, the Transportation Safety Administration is now subject to GAO protest, federal employees have expanded protest rights in challenging award decisions in A-76 procurements, and GAO's rules now accommodate the recently enacted authority to protest task order awards over $10 million issued on or after May 27, 2008. ../NewsEvents/Newsletter.aspx?id=9366/17/2008 12:00:00 AMOne of the "practical realities" of Chapter 11 proceedings is that asset sales often occur before the plan confirmation process begins. Many participants in the distressed debt market seek to capitalize on pre-confirmation asset sales. Although there are many factors driving value in such opportunities, one benefit has been that some courts (depending on the jurisdiction) find such sales exempt from stamp and similar transfer taxes pursuant to Section 1146(a) (which was Section 1146(c) before BAPCPA was enacted in 2005) of the Bankruptcy Code. On June 16, 2008, the U.S. Supreme Court changed this reality when it held "that § 1146(a)'s stamp-tax exemption does not apply to transfers made before a plan is confirmed under Chapter 11". Florida Dep't of Rev. v. Piccadilly Cafeterias, Inc., 554 U.S. ___ (2008) (Thomas, J.) (slip op., at 1). In this 7-2 decision, the Supreme Court resolved a split among the U.S. Courts of ...../NewsEvents/Newsletter.aspx?id=9346/17/2008 12:00:00 AMIn Innovation Tech., Inc. v. Splash! Medical Devices, LLC, ( No. 2007-1424; June 16, 2008), a Federal Circuit panel reverses a district court's ruling that the accused infringer was entitled to an award of attorney fees because the patent infringement suit qualified as an "exceptional case" under section 285 of the Patent Act. The only stated basis for the award was the district court's conclusion that the patentee knew, or should have known, that its infringement claims were baseless and that "[i]t appears to me that the lawsuit was filed solely for the purpose of harassing a small competitor." More than a year after the suit had been filed, the patent owner executed a covenant not to sue the accused infringer under the patent in suit with regard to the medical device involved in the case and also moved to dismiss the case with prejudice. The motion was granted, whereupon ...../NewsEvents/Newsletter.aspx?id=9356/17/2008 12:00:00 AMThe conference will bring together leading international arbitrators, mediators, practitioners, and scholars to discuss contemporary issues in international arbitration and mediation. Arbitration topics will include Recent Significant Domestic Judicial Decisions Involving International Arbitration, including cases from the U.S., England, France, Germany, Austria and Switzerland; Investor/State Arbitration, including new generation BITs, interim measures, non-disputing state party intervention, and the eclipse of expropriation; Class Actions and Consolidation in International Arbitration, including overcoming obstacles to consolidating international arbitrations, whether courts should enforce no-class action arbitration clauses, and the feasibility and desirability of class arbitration; Intellectual Property and Information Technology Issues, including choice of law in intellectual property disputes, how an arbitration panel decides on the validity of intellectual property, using information technology effectively, and e-discovery. The international mediation topics will address Issues, Solutions and Expanding Applications, including mediator confidentiality, enforcement of mediation settlement agreements, global competency standards, and using mediation techniques to improve ...../NewsEvents/Event.aspx?id=4576/16/2008 12:00:00 AM ../NewsEvents/Publications.aspx?#articles12126/16/2008 12:00:00 AMOn June 6, 2008, President Bush issued an amendment to Executive Order 12989 (EO 12989), requiring federal contractors to use the electronic "E-Verify" system to confirm the employment eligibility of certain of their employees and new hires. In a remarkable demonstration of coordination, on June 12 the Federal Acquisition Regulation Council (FAR Council) issued a proposed rule that would, once finalized, implement the newly-announced amendments. These actions dramatically expand use of the E-Verify system, participation in which has been strictly voluntary to-date, and represent the latest, most aggressive, step in the Administration's effort to combat illegal immigrants in the workforce. The E-Verify system is an on-line system that prompts employers to enter information provided by an employee on his/her I-9 Form. The system is designed to provide, within three to five seconds, a verification that a match has been found in the Social Security Administration (SSA) or the Department of ...../NewsEvents/Newsletter.aspx?id=9336/16/2008 12:00:00 AM ../NewsEvents/Publications.aspx?#articles12216/15/2008 12:00:00 AM ../NewsEvents/Publications.aspx?#articles12306/15/2008 12:00:00 AMWashington, D.C. – June 13, 2008: Crowell & Moring LLP is pleased to announce that 33 of its leading U.S.-based attorneys have been named to the 2008 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 and nine were ranked among the best in the District of Columbia. The firm's Government Contracts and Aviation groups were ranked "one," the highest ranking a practice group can achieve. In the nationwide category for best practices and attorneys, Chambers USA listed the following rankings: Government Contracts (Rank 1) Partner Terry Albertson (Rank 1) Partner Thomas P. Humphrey (Rank 3) Partner W. Stanfield Johnson (Rank 1) Partner Kent R. Morrison (Rank 3) Partner Angela B. Styles (Rank 4) International Arbitration (Rank ...../NewsEvents/PressRelease.aspx?id=2116/13/2008 12:00:00 AM ../NewsEvents/Presentation.aspx?id=9866/13/2008 12:00:00 AMWhen is repayment required under Medicare and Medicaid even if a refund demand hasn’t been made? How far back should I go? What if an innocent billing mistake or inaccurate pricing proposal results in an overpayment? What penalties apply to parties who do not voluntarily disclose and refund overpayments? How can I pin down civil False Claims Act and criminal prosecution risks? What is the lesson of the East Tennessee Heart Consultants settlement, where the False Claims Act and criminal fraud enforcement were used against alleged knowing retention of funds required to be repaid? What difference does it make if the payment was made under a Medicare or Medicaid managed care program? ../NewsEvents/Event.aspx?id=4616/12/2008 12:00:00 AMDRI's seminar "Diversity for Success: Recruiting, Retaining and Rainmaking for Minority Lawyers and Law Firms," is part of DRI’s continuing effort to cultivate dialogues on race and gender in the legal profession so that DRI, along with its corporate and outside counsel members, can create and strengthen inclusive work environments. A highlight of the event is the June 13 Expo, where selected law firm participants, including Crowell & Moring, will have the opportunity to interview with corporations committed to diversifying their national outside counsel panels. More than forty corporations will be participating in the Expo, including American Airlines, Capital One, The Hershey Company, Wal-Mart, and DuPont. Heather Hodges, Queena Hu and Barry Parsons will be attending this event. ../NewsEvents/Event.aspx?id=4696/12/2008 12:00:00 AMWashington, D.C. – June 12, 2008: Crowell & Moring LLP is pleased to announce that partner Arthur N. Lerner, co-chair of the firm's Health Care Group and member of the firm's Antitrust Group, has been elected to the American Health Lawyers Association (AHLA) 2008-09 Board of Directors. The appointment becomes effective at the AHLA annual meeting in San Francisco, being held June 30, 2008 - July 2, 2008. The AHLA, which is governed by a Board of 27 members, is the nation's largest nonpartisan 501(c)(3) educational organization devoted to legal issues in the healthcare field. The AHLA's 10,000 active members practice in law firms, government, in-house settings, and academia. Lerner's practice focuses on antitrust, transactions, and fraud and abuse issues for managed care organizations, health care providers, and other health care entities. He is the former chair (2004-2007) of the antitrust practice group of the AHLA and former chair of the ...../NewsEvents/PressRelease.aspx?id=2096/12/2008 12:00:00 AM ../NewsEvents/Presentation.aspx?id=9876/12/2008 12:00:00 AMEnjoy a beautiful view of the Nation's Capitol from the Crowell & Moring rooftop terrace (located just blocks from the Marriott). ../NewsEvents/Event.aspx?id=4406/11/2008 12:00:00 AMLinda Crow, a London-based senior counsel in Crowell & Moring’s Corporate/Securities and Financial Services groups, is profiled in a ACQ Magazine Q&A on her career. June 2008 – ACQ Magazine, Vol. 7, Issue 2 ../NewsEvents/NewsAll.aspx?#news2106/11/2008 12:00:00 AMIn a dramatic expansion of the use of the "E-Verify" system, on June 6, 2008, President Bush signed Executive Order ("EO") 12989, requiring all government contractors to use E-Verify to determine the employment eligibility of all new hires and of all employees assigned to future government contracts. While subcontractor obligations are not addressed in the EO, implementing regulations to be issued by the FAR Council and Department of Homeland Security will likely address this issue. ../NewsEvents/Newsletter.aspx?id=9306/11/2008 12:00:00 AMIn these increasingly financially troubled times, it is important to remember that Bankruptcy Courts, trustees and creditors' committees may investigate the pre-bankruptcy acts and omissions of officers and directors. A recent decision by the U.S. Bankruptcy Court for the District of Delaware highlights the need for all corporate officers, including general counsel, to remain vigilant as to the conduct of their fellow officers. In Miller v. McDonald, et al. (In re World Health Alternatives, Inc.), Bankr. Case No. 06-10166, Adv. Pro. No. 07-51350, the Chapter 7 Trustee brought an adversary proceeding against various individuals who had served as officers of World Health Alternatives, including Brian T. Licastro, who had served as Vice President of Operations and General Counsel. The Trustee alleged that the defendants had, among other things, breached their fiduciary duties, aided and abetted the breach of fiduciary duties, wasted corporate assets, aided and abetted the corporate waste, committed ...../NewsEvents/Newsletter.aspx?id=9326/11/2008 12:00:00 AMVietnam has extremely fast rising GDP and direct foreign investment. It has a low cost but highly skilled and dedicated labor market with a stable governmental infrastructure. Its market has a rapidly growing middle and upper class with substantial disposable income. If your company is considering off shoring manufacturing and/or expanding to new markets, you should attend this event, featuring a panel discussion with three Orange County professionals paving the way for local expansion in Vietnam. Kim Nobles is attending. Crowell & Moring is sponsoring. ../NewsEvents/Event.aspx?id=4686/10/2008 12:00:00 AMCrowell & Moring is featured in the American Lawyer's "Big Suits" column for the firm's work on the largest single reimbursement payout by Medicare. On March 11, 2008, the federal government agreed to pay $666 million in back payments to 667 hospitals. Led by Crowell & Moring Health Care Group partner, Robert L. Roth, the firm represented 86 hospitals and filed some of the first cases in late 2002. The case is "In re Medicare Reimbursement Litigation." June 2008 – American Lawyer ../NewsEvents/NewsAll.aspx?#news2086/10/2008 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. ../NewsEvents/Publications.aspx?#articles12056/10/2008 12:00:00 AMThe Supreme Court's unanimous decision this week in Allison Engine Co. v. United States ex rel. Sanders (June 9, 2008, http://www.supremecourtus.gov/opinions/07pdf/07-214.pdf), interprets section 3729(a)(2) of the federal civil False Claims Act (imposing treble damages and penalties on anyone who "knowingly makes [or] uses … a false record or statement to get a false or fraudulent claim paid by the Government") in a way likely to increase the difficulty of pursuing FCA allegations against government subcontractors such as those in this case, who allegedly submitted false certificates of conformance to the primes and higher-tier subs under Navy shipbuilding contracts. The Court stated, (1) that 3729(a)(2) includes an intent requirement, i.e., the plaintiff must prove that the subcontractor defendant intended that the government pay a false claim in reliance on the sub's false statements to the prime, and (2) that although section (a)(2), unlike section (a)(1), does not require proof that the ...../NewsEvents/Newsletter.aspx?id=9256/10/2008 12:00:00 AMIn Helmsderfer et al. v. Bobrick Washroom Equipment, Inc. et al. (No. 2008-1027; June 4, 2008), a Federal Circuit panel affirms a district court's decision granting a final judgment of non-infringement. The claim limitation at issue concerns the language "partially hidden from view", which the district court construed as "hidden from view to some extent but not totally hidden from view". The patentee, Helmsderfer, argued that the term should have been construed to mean "positioned so at least some of the top surface is blocked from being seen" and that the district court erred when it construed the term to exclude totally hidden from view. In affirming the district court's claim construction ruling, the panel notes that the specification never utilizes the term "partially hidden from view" to describe the platform top surface and that the only place where the platform top surface is described is in claim itself. In ...../NewsEvents/Newsletter.aspx?id=9236/10/2008 12:00:00 AMThe Supreme Court's unanimous decision this week in Allison Engine Co. v. United States ex rel. Sanders (June 9, 2008, http://www.supremecourtus.gov/opinions/07pdf/07-214.pdf), interprets section 3729(a)(2) of the federal civil False Claims Act (imposing treble damages and penalties on anyone who "knowingly makes [or] uses … a false record or statement to get a false or fraudulent claim paid by the Government") in a way likely to increase the difficulty of pursuing FCA allegations against government subcontractors such as those in this case, who allegedly submitted false certificates of conformance to the primes and higher-tier subs under Navy shipbuilding contracts. The Court stated, (1) that 3729(a)(2) includes an intent requirement, i.e., the plaintiff must prove that the subcontractor defendant intended that the government pay a false claim in reliance on the sub's false statements to the prime, and (2) that although section (a)(2), unlike section (a)(1), does not require proof that the ...../NewsEvents/Newsletter.aspx?id=9246/10/2008 12:00:00 AMThe National Air Transportation Association is pleased to announce that the 2008 NATA Air Charter Summit will take place at the Westfields Marriott Conference Center in Chantilly, Virginia. The 2008 NATA Air Charter Summit is the premier conference for the air charter industry. Through a series of top-notch sessions, you will be introduced to nationally recognized government experts who provide the latest intelligence to maximize your business success. Eileen Gleimer is one of the speakers at this event. The topic is "DOT Enforcement Issues." Crowell & Moring is a sponsor. ../NewsEvents/Event.aspx?id=4426/9/2008 12:00:00 AMCrowell & Moring Government Contracts Group partner David Z. Bodenheimer is featured for his comments on homeland security technology in the state and local marketplace. June 9, 2008 – CQ Homeland Security ../NewsEvents/NewsAll.aspx?#news2096/9/2008 12:00:00 AMAryeh S. Portnoy, a counsel in Crowell & Moring’s Litigation and International and Government Litigation/Arbitration practice groups, is featured in the Washington Business Journal for his commitment to pro bono work. The article focuses on the steady increase of pro bono hours at DC law firm, due to recent commitments by firm partners to focus more on community projects. According to the Pro Bono Institute, 150 firms have reported 4.2 million hours of pro bono work this year. In 2007, the same firms did not even hit 4 million hours. June 9, 2008 – Washington Business Journal ../NewsEvents/NewsAll.aspx?#news2116/9/2008 12:00:00 AMThe International Council for Commercial Arbitration (ICCA), founded in 1969, is the leading world-wide organization devoted to promoting international arbitration and other forms of dispute resolution. In order to achieve its objectives, ICCA regularly convenes Congresses and Conferences for presentation of papers and discussion of topics concerning both the theoretical and practical aspects of international dispute resolution. These meetings attract a large number of participants from all parts of the world and have made significant contributions to the development and improvement of dispute resolution theory and practice. Jane Wessel, Baiju Vasani, Claire Stockford and Samaa Haridi are attending. Crowell & Moring is a sponsor of this event. ../NewsEvents/Event.aspx?id=3406/8/2008 12:00:00 AMThe Forum is an invited gathering of professionals with an active interest in arbitration of competition law/anti-trust disputes. The meeting has the usual structured form with presentations and discussions. In 2008 there will be three strands - developments in the EU merger control, developments in the USA and enforcement. ../NewsEvents/Event.aspx?id=4006/7/2008 12:00:00 AM ../NewsEvents/Publications.aspx?#articles12036/5/2008 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, Bruce Tavel, Michael Paddock 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: Health Options Inc. v. Palmetto Pathology Services, PA East Portland Imaging Center, PC v. Providence Health System-Oregon, et. al. Midwest Emergency Associates-Elgin Ltd., v. Harmony Health Plan Of Illinois, Inc. California Department of Managed Health Care Settlements Health Options Inc. v. Palmetto Pathology Services, PA No. 3D07-1453 Fla. Dist. Ct. App. 4/16/08 The Florida Third District Court of Appeals affirmed the lower court's holding that pathology providers were entitled to $1.5 million in payments withheld by an HMO. Palmetto Pathology Services, P.A. ("PPS") sued ...../NewsEvents/Newsletter.aspx?id=9226/5/2008 12:00:00 AM ../NewsEvents/Publications.aspx?#articles12046/4/2008 12:00:00 AMIn Metro. Life Ins. Co. v. Bancorp Servs. L.L.C., (No. 07-1312), the Federal Circuit vacates a district court’s judgment of noninfringement and remands for further proceedings. Before the district court, the plaintiff-appellee moved for summary judgment of noninfringement supported by affidavits declaring that a particular claim limitation was not performed by the allegedly-infringing system. In response, the defendant-appellants filed a Rule 56(f) motion requesting discovery of various documents, and that depositions be taken of the declarants of the relied-on affidavits. In denying the Rule 56(f) motion, the district court reasoned that the defendant-appellants had not shown the declarants would contradict their declarations if deposed and had not shown that additional document discovery would lead to relevant evidence of infringement in light of the affidavits. However, the Federal Circuit finds that when, as in this case, there has been no adequate initial opportunity for discovery, a strict showing of necessity and ...../NewsEvents/Newsletter.aspx?id=9206/4/2008 12:00:00 AMIn Mars, Inc. v. Coin Acceptors, Inc., (No. 07-1409, -1436, June 2, 2008), the Federal Circuit affirms a district court's summary judgment excluding Mars' lost profits claim prior to 1996 based upon manufacture and sale by its former subsidiary which was non-exclusively licensed to use Mars' patented technology. However, the determination that Mars had standing to recover damages from 1996 to 2003 is reversed. The Federal Circuit affirms the district court's assessment of a 7% reasonable royalty rate and remands to the district court for recalculation of damages for the period prior to 1996. The panel relies on the Federal Circuit's 2004 Poly-America L.P. v. GSE Licensing Technology, Inc. decision which held that a patent holder is not entitled to recover under a lost profits theory as a result of sales lost by a sister corporation, absent a showing that the patent holder itself or its exclusive licensee had lost ...../NewsEvents/Newsletter.aspx?id=9216/4/2008 12:00:00 AMWashington, D.C. – June 3, 2008: Kathleen M. Stratton, counsel in Crowell & Moring LLP's Health Care Group, has been recognized as one of 12 "Outstanding Healthcare Fraud & Compliance Lawyers" in the May 2008 issue of Nightingale's Healthcare News. The honor recognizes exceptional lawyers practicing in healthcare fraud and compliance matters nationwide. Nightingale's Healthcare News is a monthly newsletter for professionals serving the healthcare industry, healthcare executives, and others. The report states that Stratton is the outside healthcare regulatory compliance counsel for a national durable medical equipment supplier and a large specialty pharmaceutical supplier. In addition, it highlights her work as the team lead that serves as the Independent Review Organization for one of the nation's leading pharmacy benefit management companies under the terms of an agreement entered into with the Department of Health and Human Services - Office of Inspector General (HHS-OIG). Stratton focuses her practice in the ...../NewsEvents/PressRelease.aspx?id=2086/3/2008 12:00:00 AMReversing contrary Board and Federal Circuit rulings, the Supreme Court in Richlin Sec. Serv. Co. v. Chertoff (June 2, 2008, http://www.supreme courtus.gov/opinions/07pdf/06-1717.pdf) unanimously ruled that the Equal Access to Justice Act allows a client to recover market rate paralegal fees charged to the client, not just the cost of the paralegal to the attorney retained by the client. The Supreme Court ruled that paralegal fees are implied in the term "attorneys fees" in the statute and are subject to the same per-hour limitations. ../NewsEvents/Newsletter.aspx?id=9196/3/2008 12:00:00 AM ../NewsEvents/Publications.aspx?#articles12066/1/2008 12:00:00 AM ../NewsEvents/Publications.aspx?#articles12166/1/2008 12:00:00 AM ../NewsEvents/Publications.aspx?#articles10456/1/2008 12:00:00 AMCrowell & Moring International Dispute Resolution Group co-chair Arif Hyder Ali and associate Kassi D. Tallent write about the U.S. judiciary’s approach to arbitration and arbitral rewards. May 2008 – Legal Business Arbitration Report 2008 ../NewsEvents/NewsAll.aspx?#news2055/31/2008 12:00:00 AMWashington, D.C. - May 30, 2008: Today, the U.S. District Court for the District of Delaware dismissed a $200 million managed care class action against Crowell & Moring LLP client Health Net Federal Services. The lawsuit was brought by a putative class of hospitals that provide outpatient services to CHAMPUS/TRICARE beneficiaries. The complaint related to the amount of reimbursement non-contracted hospitals are due when providing outpatient services to CHAMPUS/TRICARE members. Health Net is one of three contractors nationwide that administer CHAMPUS/TRICARE benefits. The Court adopted Crowell & Moring's argument that the plaintiff hospitals must exhaust their administrative remedies prior to seeking redress in the courts, even though the administrative appeal process is not mandatory. The Court exercised its discretion to require the plaintiff hospitals to exhaust administrative remedies based on its finding that the issues raised in the payment dispute require the U.S. Department of Defense's special regulatory expertise prior ...../NewsEvents/PressRelease.aspx?id=2125/30/2008 12:00:00 AMIn Cat Tech LLC v. TubeMaster, Inc. (No. 07-1443, May 28, 2008), the Federal Circuit affirms a declaratory judgment of non-infringement as to three different configurations of a catalyst loading device which had yet to be manufactured by TubeMaster. The district court granted TubeMaster's motion for declaratory judgment of non-infringement based on a finding of a "live controversy" because TubeMaster had designed the configurations and was ready to produce the configurations upon receipt of an order. A declaratory judgment plaintiff must show "meaningful preparation to conduct potentially infringing activity" to satisfy the immediacy and reality requirements for a declaratory judgment. The fundamental inquiry is whether, under all the circumstances, there exists a substantial controversy of sufficient immediacy and reality to warrant the issuance of a declaratory judgment. MedImmune, Inc. v. Genentech, Inc, 549 U.S. 118 (2007), eliminated the requirement of a reasonable apprehension of suit but did not change the ...../NewsEvents/Newsletter.aspx?id=9185/30/2008 12:00:00 AMThis one-day public workshop hosted by the FTC will examine developments in the health care sector relating to “clinical integration” among health care providers.  Crowell & Moring Health Care partner, Art Lerner, will be a panelist on the final wrap-up session. This event will also be available via webcast, please visit the official website (linked below) for more details. Agenda [PDF] ../NewsEvents/Event.aspx?id=4605/29/2008 12:00:00 AMACI’s FDA Boot Camp has been designed to give products and patent litigators, as well as patent prosecutors and life sciences investment and securities experts, a strong working knowledge of core FDA competencies, including the nuances of FDAAA. A distinguished faculty of top FDA regulatory experts — a “Who’s Who of the FDA Bar” — will share their knowledge and offer insights into the critical aspects of the commercialization process for drugs, biologics, and devices that are governed by FDA law and regulation. Dick Downing will discuss Trademark Issues during the "Patent and IP Overview: Hatch-Waxman, Trademark Protection, and More" session. ../NewsEvents/Event.aspx?id=4495/29/2008 12:00:00 AM ../NewsEvents/Publications.aspx?#articles12225/29/2008 12:00:00 AMOn May 14, 2008, the U.S. Court of Appeals for the Fifth Circuit ("Fifth Circuit") affirmed the Federal Trade Commission's ("FTC") holding that the so-called "messenger model" activities of North Texas Specialty Physicians ("NTSP") constituted naked price-fixing in violation of Section 5 of the Federal Trade Commission Act, and ordering NTSP to "cease and desist" from these activities. Although the FTC has charged many provider networks with price-fixing, group boycotts or other restraints of trade in violation of Section 5, this is the first time a provider network has fought those charges in federal court rather then resolving them through a negotiated consent order. Antitrust enforcement authorities and private plaintiffs will find support in the Fifth Circuit ruling. NTSP is a large organization of independent physicians and physician groups located in the greater Fort Worth, TX area. In 2003, the organization had approximately 575 members, including practitioners in 26 medical ...../NewsEvents/Newsletter.aspx?id=9155/28/2008 12:00:00 AMOn May 14, 2008, the U.S. Court of Appeals for the Fifth Circuit ("Fifth Circuit") affirmed the Federal Trade Commission's ("FTC") holding that the so-called "messenger model" activities of North Texas Specialty Physicians ("NTSP") constituted naked price-fixing in violation of Section 5 of the Federal Trade Commission Act, and ordering NTSP to "cease and desist" from these activities. Although the FTC has charged many provider networks with price-fixing, group boycotts or other restraints of trade in violation of Section 5, this is the first time a provider network has fought those charges in federal court rather then resolving them through a negotiated consent order. Antitrust enforcement authorities and private plaintiffs will find support in the Fifth Circuit ruling. NTSP is a large organization of independent physicians and physician groups located in the greater Fort Worth, TX area. In 2003, the organization had approximately 575 members, including practitioners in 26 medical ...../NewsEvents/Newsletter.aspx?id=9165/28/2008 12:00:00 AMIn L-3 Communications Corp., ASBCA No. 54920 (May 5, 2008, http://docs.law.gwu.edu/asbca/decision/pdf2008/54920.pdf), the Armed Services Board of Contract Appeals upheld the challenge to the award of a task order for the development and support of F-15 training devices under a breach of contract theory, finding that the cost evaluation approach used by the Air Force denied L-3 its contractual right to a "fair opportunity to be considered." The Board awarded L-3 its bid and proposal costs, but rejected the claim for lost profits and other damages, finding that L-3 had not proven that, but for the evaluation error, it would have been awarded the contract. ../NewsEvents/Newsletter.aspx?id=9175/28/2008 12:00:00 AMWashington, D.C. - May 27, 2008: Crowell & Moring LLP is pleased to announce that IP Law & Business has recognized partner Kathryn L. Clune, 40, in the magazine's first-ever "Top 50 IP People Under 45" exclusive list. From a pool of almost 250 nominations, Clune was chosen for her intellectual property trial experience and Section 337 work at the International Trade Commission. IP Law & Business is written for the intellectual property community and provides attorneys and general counsel with a comprehensive analysis of intellectual property law. According to IP Law & Business, those that made the list "...offer a unique and dynamic portrait of today's IP world. They combine raw brain power with hard work, canny legal skills, and a talent for being in the right place at the right time." The list, published in the May 2008 issue of the magazine, provides the following editorial write-up on ...../NewsEvents/PressRelease.aspx?id=2075/27/2008 12:00:00 AMOn May 21, 2008, underscoring its close scrutiny of settlements and other agreements concerning generic drugs, the Bureau of Competition of the Federal Trade Commission ("FTC") released its Summary of Agreements Filed in FY 2007, A Report by the Bureau of Competition for agreements filed under the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ("MMA"). Simultaneously, the FTC released a statement reflecting the FTC's intent to continue to scrutinize these agreements and take action when these arrangements risk harm to consumers. Commissioner Jon Leibowitz commented that "pay-for-delay settlements continue to proliferate," and FTC Chairman William E. Kovacic said that the report "confirms that settlements with potentially anticompetitive arrangements continue to be prevalent." Chairman Kovacic also stated that the FTC "remains committed to ensuring that brand and generic companies do not use such settlements as a way to deny consumers the benefits of competition." To comply with the MMA, ...../NewsEvents/Newsletter.aspx?id=9135/27/2008 12:00:00 AMThe newly-enacted Genetic Information Nondiscrimination Act of 2008 ("GINA") prohibits employers and health insurance companies from discriminating on the basis of genetic information. The employment provisions of GINA (Title II) prohibit an employer from discriminating against an employee with respect to hiring, termination of employment, compensation, or any other term or condition of employment, "because of genetic information with respect to the employee." The phrase "genetic information" is defined to mean information about an individual's genetic tests, the genetic tests of an individual's family member, and the manifestation of a disease or disorder in an individual's family member. A "genetic test" under GINA is generally defined to mean "an analysis of human DNA, RNA, chromosomes, proteins, or metabolites, that detects genotype, mutations, or chromosomal changes." GINA also prohibits an employer from requesting, requiring or purchasing the genetic information of an employee, or an employee's family member, except in limited circumstances. ...../NewsEvents/Newsletter.aspx?id=9145/27/2008 12:00:00 AMWashington, D.C. – May 22, 2008: Crowell & Moring LLP's New York office proudly hosted Developing Minds' first MindShare event - a roundtable discussion where representatives of participating non-profit organizations can meet and brainstorm innovative ways to address challenges common to each of their organizations. The first MindShare event focused on ways to increase volunteer participation and was a great success. Meetings are scheduled to take place on a regular basis relating to such topics as volunteer retention, volunteer training, staff professional development, staff retention, fund raising evaluations, and marketing. Participants from the first event included representatives from non-profit organizations including the Institute of International Education, Street Project, iMentor, Junior Achievements of New York, Neighborhood Coalition for Shelter, and City Year. Developing Minds, which was launched in 2002 to promote volunteerism by connecting volunteers and nonprofit organizations using a time-based auction model, masterminded the concept for this event, hoping it ...../NewsEvents/PressRelease.aspx?id=2105/22/2008 12:00:00 AMCrowell & Moring partner, and vice-chair of the Antitrust Group, Robert A. Lipstein is featured in Competition Law360 for his comments on the U.S. Supreme Court’s landmark decision in Leegin Creative Leather Products Inc. v. PSKS Inc. The decision gave manufacturers the power to set a minimum price retailers must charge. May 22, 2008 – Competition Law 360 ../NewsEvents/NewsAll.aspx?#news2045/22/2008 12:00:00 AMDuring the last several weeks, the Federal Trade Commission ("Commission" or "FTC") has taken two significant antitrust enforcement actions affecting hospitals: (1) The initiation of a merger challenge seeking to block Inova Health System Foundation's ("Inova") acquisition of Prince William Health System, Inc., ("Prince William") and (2) The issuance of a final decision and order relating to Evanston Northwestern Healthcare Corporation's ("ENH") acquisition of Highland Park Hospital ("Highland Park"). These actions indicate that the FTC's hospital merger enforcement program is alive and well. The FTC Seeks to Block Inova's Acquisition of Prince William On May 9, 2008, the Federal Trade Commission unanimously voted to issue an administrative complaint challenging Inova's proposed merger with Prince William as a violation of Section 7 of the Clayton Act. The complaint alleges that Inova would control of over 73% of the licensed beds in Northern Virginia as a result of the proposed consolidation. Post-merger, ...../NewsEvents/Newsletter.aspx?id=9105/22/2008 12:00:00 AMOn May 20, 2008, the U.S. House of Representatives passed the Gas Price Relief for Consumers Act of 2008, a bill that would allow the Department of Justice to sue members of OPEC for violations of U.S. antitrust laws. The bill also establishes an antitrust task force within the Department of Justice to monitor and investigate anti-competitive behavior in the oil industry. The bill, which passed the House by a vote of 324 to 84, adds a new section to Sherman Act explicitly prohibiting a foreign state, or its agency or instrumentality, from acting collectively or in combination with another foreign state to limit the production or distribution of oil, set or maintain the price of oil or "otherwise take any action in restraint of trade for oil, natural gas, or any petroleum product." In addition, the bill specifically authorizes the Department of Justice to bring suit against foreign states ...../NewsEvents/Newsletter.aspx?id=9125/22/2008 12:00:00 AMDuring the last several weeks, the Federal Trade Commission ("Commission" or "FTC") has taken two significant antitrust enforcement actions affecting hospitals: (1) The initiation of a merger challenge seeking to block Inova Health System Foundation's ("Inova") acquisition of Prince William Health System, Inc., ("Prince William") and (2) The issuance of a final decision and order relating to Evanston Northwestern Healthcare Corporation's ("ENH") acquisition of Highland Park Hospital ("Highland Park"). These actions indicate that the FTC's hospital merger enforcement program is alive and well. The FTC Seeks to Block Inova's Acquisition of Prince William On May 9, 2008, the Federal Trade Commission unanimously voted to issue an administrative complaint challenging Inova's proposed merger with Prince William as a violation of Section 7 of the Clayton Act. The complaint alleges that Inova would control of over 73% of the licensed beds in Northern Virginia as a result of the proposed consolidation. Post-merger, ...../NewsEvents/Newsletter.aspx?id=9095/22/2008 12:00:00 AMWilliam O'Connor, partner and head of Crowell & Moring's Financial Services Group, is featured in Real Estate Finance & Investment for his comments on the recent demand for construction loans. May 21, 2008 - Real Estate Finance & Investment ../NewsEvents/NewsAll.aspx?#news2075/21/2008 12:00:00 AM ../NewsEvents/Publications.aspx?#articles11955/21/2008 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, Bruce Tavel 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: Love v. Blue Cross and Blue Shield Association Giesse v. Sec. of the Dept. of Health & Human Serv’s In re Evanston Northwestern Healthcare Corp. In the Matter of: The Connecticut Chiropractic Association et al. Raudel Rodriguez v. Blue Cross of California, et al. Mercado v. Leavitt Stewart Scharfman, Zev and Linda Wachtel and Renee McCoy v. Health Net Ross v. Blue Care Network of Michigan B & H Medical, L.L.C. v. ABP Admin., Inc. Love v. Blue Cross and Blue Shield Association No. 03-cv-21296 Southern District ...../NewsEvents/Newsletter.aspx?id=9075/21/2008 12:00:00 AMWashington, D.C. - May 20, 2008: Crowell & Moring LLP is pleased to announce that its internationally recognized Insurance/Reinsurance Group has gained two lawyers in the firm's New York office. The new lawyers are partner Harry P. Cohen, who joins from Cadwalader, Wickersham & Taft LLP, and counsel Rodney M. Zerbe, who joins from Dechert LLP. "Our new team members add highly-focused, seasoned experience in the areas of reinsurance and brokerage litigation. Crowell & Moring is committed to maintaining and growing a first class Insurance/Reinsurance practice, and our growth in New York is an example of the long-term view we take toward supporting the needs of our clients" said Clifford B. Hendler, co-chair of Crowell & Moring's Insurance/Reinsurance Group. Cohen offers clients more than 20 years of experience handling reinsurance disputes. He has handled dozens of multimillion dollar arbitrations and litigations covering the full range of reinsurance issues, as well ...../NewsEvents/PressRelease.aspx?id=2065/20/2008 12:00:00 AMCrowell & Moring International Dispute Resolution Group co-chair Arif Hyder Ali and associate Kassi D. Tallent write about the U.S. judiciary's approach to arbitration and arbitral rewards. ../NewsEvents/Publications.aspx?#articles11965/20/2008 12:00:00 AMLast year, the ASBCA held in Raytheon Corp., ASBCA No. 54907, 07-2 BCA 33,655, that contractors are noncompliant with CAS requirements if they do not complete the segment closing adjustment required by CAS 413 for pension costs within the same fiscal year as the segment closing and determined that the interest due on CAS noncompliances is subject to compounding daily. On April 30, 2008, the Board reversed that decision on reconsideration, holding, without explanation, that the Government could not have suffered any damage as a result of the so-called noncompliance, making its prior holding about the calculation of interest moot and, therefore, dicta. ../NewsEvents/Newsletter.aspx?id=9065/20/2008 12:00:00 AMMoves seen as part of a broader trend of "resource nationalism" in many countries ___ Investment treaties may afford companies arbitration rights against the government WASHINGTON, D.C., May 19, 2008. Venezuela announced last week that it would put an end to new gold projects in the country and threatened further steps against existing mining and logging interests held by international companies. Environment Minister Yuviri Ortega said Venezuela will not give permits for any open-pit mines and will not allow companies to look for gold in its vast Imataca Forest Reserve. Ortega also said that the government was revising all of its mining and timber concessions. The moves follow steps taken by Venezuela in late April to stop the mining operations of several international companies at other sites in the country, including the massive gold deposit at the Las Cristinas site. The shares of affected companies fell dramatically on the news. ...../NewsEvents/Newsletter.aspx?id=9085/20/2008 12:00:00 AMThis 3-day management development program for private practice lawyers is a concentrated way to focus on the current management principles and techniques applied to the particular demands of the legal practice. Michelle Haste is one of the presenters at this program. ../NewsEvents/Event.aspx?id=3595/19/2008 12:00:00 AMCrowell & Moring founding partner Eldon "Took" Crowell and pro bono partner Susan M. Hoffman were featured as among the 90 greatest Washington lawyers of the last 30 years for their contribution to the D.C. legal community and work in building Crowell & Moring. May 19, 2008 – Legal Times ../NewsEvents/NewsAll.aspx?#news2015/19/2008 12:00:00 AMThis is the Energy & Mineral Law Foundation's annual event. This is a non-profit educational organization providing information on legal issues related to the energy and mineral industry through workshops, specialty programs, publications and electronic information. Kirsten Nathanson will speak on Clean Water Act enforcement. ../NewsEvents/Event.aspx?id=4555/18/2008 12:00:00 AMThis is a reception hosted by Crowell & Moring for the attendees of the International Trademark Association (INTA) 130th Annual Meeting on May 17-21, 2008. ../NewsEvents/Event.aspx?id=4505/17/2008 12:00:00 AMThe Annual Conference on 'Trends and Developments in Global Competition Law' 2008 will be held on Friday, 16 May in Brussels. Like last year, this will be a one-day event aiming to bring to our audience a comprehensive update of recent developments in the field which will be presented in an analytical and thought-provoking way by a high-level panel of speakers from around the globe. The event will include brief presentations but ‘no speeches’ in order to provide the widest possible platform for a fruitful discussion of practical issues to take place in which our audience will be encouraged to participate. The event will address significant developments of great interest to both corporate counsel and private practitioners in the major areas: international merger control; international cartel enforcement; abuse of dominance; and the interface between competition policy and intellectual property rights. Faculty of speakers includes: John D. Cooke, Judge, European Court ...../NewsEvents/Event.aspx?id=3425/16/2008 12:00:00 AMCrowell & Moring International Dispute Resolution Group partner Alexandre de Gramont is featured for his comments on iZee Enterprises’ threat to take the Georgian government to arbitration over a property dispute. iZee Enterprises says 200 officers from the Georgian Interior Department forcibly seized properties of three companies in Tbilisi in which iZee has investments. de Gramont is representing iZee May 16, 2008 – Global Arbitration Review ../NewsEvents/NewsAll.aspx?#news2025/16/2008 12:00:00 AM ../NewsEvents/Presentation.aspx?id=9755/16/2008 12:00:00 AM ../NewsEvents/Presentation.aspx?id=9775/16/2008 12:00:00 AMThe FAR Secretariat today published for public comment an amendment to the proposed rule (73 FR 28407, May 16, 2008) that was previously published at the request of DOJ, to require contractors to have a code of ethics and business conduct and to notify the agency’s Office of Inspector General and the Contracting Officer whenever there is a “reasonable” basis to believe there has been a violation of federal criminal law in connection with a federal contract or subcontract. The amended proposed rule no longer exempts commercial item contracts and contracts that are performed outside the United States and, again at the request of DOJ, adds a requirement that contractors also report violations of the civil False Claims Act as well as contract overpayments, with knowing failures to report such violations being an additional cause for debarment or suspension. ../NewsEvents/Newsletter.aspx?id=9115/16/2008 12:00:00 AMThe FAR Secretariat today published for public comment an amendment to the proposed rule (73 FR 28407, May 16, 2008) that was previously published at the request of DOJ, to require contractors to have a code of ethics and business conduct and to notify the agency’s Office of Inspector General and the Contracting Officer whenever there is a “reasonable” basis to believe there has been a violation of federal criminal law in connection with a federal contract or subcontract. The amended proposed rule no longer exempts commercial item contracts and contracts that are performed outside the United States and, again at the request of DOJ, adds a requirement that contractors also report violations of the civil False Claims Act as well as contract overpayments, with knowing failures to report such violations being an additional cause for debarment or suspension. ../NewsEvents/Newsletter.aspx?id=9055/16/2008 12:00:00 AMThe Project for Attorney Retention (“PAR”) will be holding its first annual conference, “Positioning Law Firms for Long-Term Success: New Strategies for Advancing Women Lawyers,” on May 15 at the George Washington University in Washington, D.C. PAR, an initiative of The Center for WorkLife Life at the University of California Hastings College of Law, focuses on stemming unwanted attrition among lawyers by promoting work/life balance initiatives and the advancement of women in the legal profession. Hinton Lucas of DuPont is among the in-house counsel who will be discussing “the Client’s Perspective on Women Lawyers in Law Firms.” Monica Parham will be leading a table discussion during an afternoon roundtable session focusing on law firm “best practices” regarding the recruitment, retention and promotion of women. Crowell & Moring is a Founding Firm member of PAR, and Andy Marks is a member of PAR’s Advisory Committee. Monica Parham and Jennifer Waters are ...../NewsEvents/Event.aspx?id=4535/15/2008 12:00:00 AMBetween recent tort reforms in key jurisdictions and new theories of liability in asbestos litigation, the old rules no longer apply. Plaintiffs’ and defense counsel, as well as in-house counsel for insurers, reinsurers, property owners and other companies likely to face the new round of asbestos claims, must be prepared. American Conference Institute’s 9th National Asbestos Claims event will provide you with the most-up-to-date knowledge, strategies, and expert advice that you need. Leslie Davis is speaking at this conference. The topics will be "Mastering the Complexities of Bankruptcy in the Litigation, Settlement and Management of Asbestos Claims" and "Considerations When Confronting Asbestos Bankruptcies." ../NewsEvents/Event.aspx?id=4055/15/2008 12:00:00 AM ../NewsEvents/Publications.aspx?#articles11795/15/2008 12:00:00 AM ../NewsEvents/Presentation.aspx?id=9805/15/2008 12:00:00 AMModerator: David Bodenheimer, Partner, Crowell & Moring LLP Panelists Include: Dr. Timothy Murphy, Deputy Director, Intelligence Advanced Research Projects Agency (IARPA) Bruce Adams, General Counsel, In-Q-Tel Scott Greiper, Managing Director, Legend Merchant Group Jim Hunt, Entrepreneur, Angel Investor and Founding Member of D'ArchAngels Timothy Sample, President, Intelligence and National Security Alliance Please RSVP: Gordon Platt gplatt@gothammediaventures.com ../NewsEvents/Event.aspx?id=4415/13/2008 12:00:00 AMCrowell & Moring Tax Group partner Viva Hammer is featured in the "Tax" section of The Hedge Fund Law Report for her comments on including distressed debt in the securities trading safe harbor as outlined by the Treasury Department and the IRS. May 13, 2008 – The Hedge Fund Law Report, Vol. 1, No. 11 ../NewsEvents/NewsAll.aspx?#news2065/13/2008 12:00:00 AMEffective May 13, 2008 (73 Fed. Reg. 27464), the widely-criticized interim DFARS rules about "excessive pass-through costs" published last April were modified in yet another interim rule to address the confusion created by the interim rules. The most important features of the new interim rules are in the prefatory comments, which emphasize repeatedly that the requirement for reporting when subcontract effort will exceed 70 percent applies both before and after award, but is only a reporting requirement, not a threshold for coverage, and that the rules do not apply to any contract, no matter what the subcontract content, where the contractor demonstrates "added value," a term that is defined in the interim regulations to include performance of "subcontract management functions that the Contracting Officer determines are a benefit to the Government (e.g., processing orders of parts or services, maintaining inventory, reducing delivery lead times, managing multiple sources for contract requirements, ...../NewsEvents/Newsletter.aspx?id=9045/13/2008 12:00:00 AMNew York-based Crowell & Moring Health Care and Antitrust Group partner Christine L. White is featured for her comments on the U.S. Federal Trade Commission’s review of Inova Health System Foundation’s acquisition of Prince William Health System. May 12, 2008 – Global Competition Review ../NewsEvents/NewsAll.aspx?#news1995/12/2008 12:00:00 AMThe Cleveland Metropolitan Bar Association, in conjunction with the Center for WorkLife Law, is hosting a national Leadership Summit addressing the recruitment, retention, and promotion of women and diverse attorneys. Andy Marks will be speaking on a panel with Professor Joan Williams (Director, Center for WorkLife Law, University of California Hastings College of Law), James Potter (General Counsel, Del Monte Foods) and Michele Coleman Mayes (General Counsel, Allstate Corporation and Allstate Insurance Company) on "The Business Case for a Diverse Workforce.” ../NewsEvents/Event.aspx?id=4525/9/2008 12:00:00 AMCrowell & Moring Intellectual Property Group partner Kathryn L. Clune is featured for making the "Top IP People Under 45" list in the May 2008 issue of IP Law & Business. May 2008 – IP Law & Business ../NewsEvents/NewsAll.aspx?#news1975/9/2008 12:00:00 AM ../NewsEvents/Publications.aspx?#articles11785/9/2008 12:00:00 AM ../NewsEvents/Presentation.aspx?id=9565/9/2008 12:00:00 AMIn The CNA Corporation v. United States (April 30, 2008, http://www.uscfc.uscourts.gov/sites/default/files/HORN.CNA%20CORP043008.pdf) the COFC granted standing to a potential bidder arguing that it would be effectively disqualified from a procurement because a key employee, a former NIH scientist, had received an agency ethics opinion finding applicable the life-long representational ban under criminal statute 18 U.S.C. 207(a)(1), thus precluding her from being assigned to the contract. In finding for the protester, the COFC held that (1) the agency's 15-page legal opinion was wrong because it misapplied the definition of "personal and substantial participation" required to trigger the life-long representational ban, and, further, (2) even if the agency's ethics opinion had been correct as to a representational ban, the scope of prohibited "representation" under the statute was not as broad as the agency's interpretation and the protester would have been able to use the former NIH employee as its principal investigator were it ...../NewsEvents/Newsletter.aspx?id=9035/9/2008 12:00:00 AMCMS issued today a proposed rule that would affect Medicare Advantage Organizations and Prescription Drug Plan Sponsors. The proposed rule would incorporate into regulation a number of requirements that CMS previously imposed through operational guidance and is based on "lessons learned since 2006." Among other changes, the proposed rule would impose new restrictions on MA marketing and sales activities including commission structures. The proposed rule would also codify CMS' guidance on best available evidence to determine low income subsidy eligibility, impose additional requirements on Special Needs Plans to ensure the plans focus on the needs of their target population, and expand CMS’ flexibility in determining penalties against Medicare Advantage Organizations and Prescription Drug Plan Sponsors. A copy of the proposed rule has been submitted for publication in the Federal Register and is available on CMS’ website. Comments must be submitted by 5:00 pm ET on July 15, 2008. ../NewsEvents/Newsletter.aspx?id=9025/9/2008 12:00:00 AMJeff Howard is one of the participants at this meeting. The topic is The Aftermath of the eBay Decision by the U.S. Supreme Court: When Will Permanent Injunctions Against Continued Patent Infringement Be Denied? ../NewsEvents/Event.aspx?id=4245/8/2008 12:00:00 AMAn annual gathering of IP executives and lawyers on the most critical issues concerning China’s IPR protection, “Corporate Intellectual Property in China” 2008 will be held Thursday and Friday, May 8-9 in Shenzhen, China. Although only 3 percent of the total IP dispute cases in China are related to multinational corporations, China has been the main target of section 337 action. The third annual Corporate Intellectual Property in China conference will address: How to protect yourself from being attacked What protective measures should be taken in the global market? How to deal with patent litigations in multiple jurisdictions? How to undertake effective IP due diligence in corporate transactions? Crowell & Moring is the lead sponsor and IP partner Kimberley Chen Nobles chairs the conference. She and Michael Martinez will speak on a variety of topics including: "Expanding into Markets without Buying a Lawsuit: Avoiding & Managing Patent Litigation in Multiple ...../NewsEvents/Event.aspx?id=3985/8/2008 12:00:00 AMThe ABA Minority Counsel Program, or MCP, will be hosting its Spring 2008 Meeting II in Bellevue, Washington Thursday and Friday, May 8-9. The MCP, developed under the auspices of the American Bar Association’s Commission on Racial and Ethnic Diversity in the Profession, is designed to encourage corporations to retain lawyers of color as outside counsel. The MCP is held three times annually, and brings in-house counsel and potential outside counsel (with each participating law firm limited to no more than two attorneys), together for CLE programs, workshops, discussions, and general networking, all in an effort to foster lasting and mutually beneficial business relationships. Stewart Landefeld, Executive Vice-President and Interim Chief Legal Officer of Washington Mutual, will present the keynote, with other in-house attendees including corporate counsel from Pacific Gas & Electric, Microsoft, Shell Oil Company, and Nike. A highlight of the event is a “conversation” between Starbucks General Counsel ...../NewsEvents/Event.aspx?id=4515/8/2008 12:00:00 AM ../NewsEvents/Presentation.aspx?id=9535/8/2008 12:00:00 AM ../NewsEvents/Presentation.aspx?id=9975/8/2008 12:00:00 AMShoe seller Nine West Group Inc. has successfully petitioned the FTC to modify a 2000 consent order in which the company agreed not to undertake agreements with its retailers setting minimum resale prices. The case provides a significant guidepost for U.S. manufacturers who have been searching for direction on what resale price maintenance ("RPM") practices might be considered acceptable since the Supreme Court abandoned its strict prohibition of minimum RPM agreements in 2007's Leegin Creative Leather Products vs. PSKS Inc. In 2000, with the per se ban on minimum resale price maintenance still well-recognized, the FTC sued Nine West for enforcing its minimum resale price program by securing agreement from its retailers not to sell below prescribed prices. In some cases, Nine West suspended sales to offending resellers, reinstating them only when the resellers agreed to abide by the pricing policy; in other cases, Nine West threatened to withhold discounts ...../NewsEvents/Newsletter.aspx?id=9015/8/2008 12:00:00 AMShauna Alonge and Chris Flynn are two of the presenters at this conference. Ms. Alonge's topic will be Heightened Compliance Program Requirements For All Federal Health Program Contractors. Mr. Flynn's topic will be With No Contract, What is a Fair Rate?: The Non-Participating Provider Reimbursement Conundrum. ../NewsEvents/Event.aspx?id=4445/7/2008 12:00:00 AM Crowell & Moring's Jen Devery will be speaking at a workshop at this conference entitled "Newer Arbitrator Program Mock Streamlined Proceeding." ../NewsEvents/Event.aspx?id=4105/7/2008 12:00:00 AM ../NewsEvents/Presentation.aspx?id=9515/7/2008 12:00:00 AM ../NewsEvents/Presentation.aspx?id=9985/6/2008 12:00:00 AMThe Court of Federal Claims in Harper/Nielsen Dillingham, Builders v. U.S. (Apr. 29, 2008, http://www.uscfc.uscourts.gov/sites/default/files/FIRESTONE.HARPER042908.pdf) denied a contractor's suit against the government in which it sought to pass through subcontractor claims for cost increases caused by government delays. The court acknowledged that the "Severin doctrine" allows such pass-through claims when the prime contractor is potentially liable to its subcontractor for the damages, but here found the prime could not be liable because the subcontract included an "iron-bound bar" against such liability due to a "no damage for delay" clause. ../NewsEvents/Newsletter.aspx?id=9005/6/2008 12:00:00 AMLiability analysis in the context of securities lawsuits and related regulatory investigations and proceedings is obviously important. Equally important, however, but often overlooked are issues relating to damages, particularly in non-traditional contexts. Trial lawyers must be aware of and question the key assumptions underlying any economic model used by the testifying expert to calculate such damages. Daniel Zelenko will speak at this event. He will cover the types of remedies the regulators are pursuing and identifying who receives the benefit of any regulatory settlement. ../NewsEvents/Event.aspx?id=3665/5/2008 12:00:00 AMThe Athens International Forum on Security (AIFS), initiated and organized by the Hellenic American Union, a non-profit institution, is the first independent information security conference in Greece to deliver vendor-neutral expertise to proactive IT professionals. AIFS aims to provide a fresh, in-depth look into information security technologies, policies, techniques, and best practices, and to help all parties involved, from front-line IT personnel to policy makers, gain valuable insights into key information security issues. Crowell & Moring's Christoph P.M. De Preter will be a keynote speaker. ../NewsEvents/Event.aspx?id=4475/5/2008 12:00:00 AM ../NewsEvents/Publications.aspx?#articles11935/1/2008 12:00:00 AM ../NewsEvents/Publications.aspx?#articles11765/1/2008 12:00:00 AM ../NewsEvents/Presentation.aspx?id=9525/1/2008 12:00:00 AM ../NewsEvents/Presentation.aspx?id=9685/1/2008 12:00:00 AM ../NewsEvents/Presentation.aspx?id=9695/1/2008 12:00:00 AM ../NewsEvents/Presentation.aspx?id=9415/1/2008 12:00:00 AMIn what appears to be a growing trend, both New Jersey and Washington D.C. have given preliminary approval to employee paid leave laws. On April 7, 2008, the New Jersey Senate passed a bill that, if signed by the Governor, would make New Jersey the third state to have a paid family leave law. Governor Corzine has expressed his support for that bill. California has implemented a paid family leave law and Washington State passed a similar bill in April 2007, with the requirement slated to commence in 2009. If signed, the New Jersey bill will become effective January 1, 2009, and paid family leave will commence on July 1, 2009. On Tuesday, March 4, 2008, the Washington, D.C. Council approved the Accrued Sick and Safe Leave Act of 2008 ("ASSLA"), which was signed by the Mayor on March 20, 2008, and is currently undergoing review by the United States ...../NewsEvents/Newsletter.aspx?id=8995/1/2008 12:00:00 AMNews of the press conference for Crowell & Moring international trade client, Jiaxing Association of Fastners, is featured in the European Lawyer. The topic discussed during the press conference was the European Commission’s recently launched investigations into steel fasteners from China used in a broad range of industries, including construction, automobile and agriculture. Crowell & Moring Brussels-based public relations consultants, Hill & Knowlton, helped to arrange the event held at Crowell & Moring’s Brussels office. April 2008 – European Lawyer ../NewsEvents/NewsAll.aspx?#news2034/30/2008 12:00:00 AMCrowell & Moring Government Contracts Group partner Robert Nichols writes about U. S. government prime contractors, and the steps they should take when determining which Federal Acquisition Regulation clauses to flow down to non-U.S. subcontractors. ../NewsEvents/Publications.aspx?#articles11744/30/2008 12:00:00 AMA claim certification was invalid, and the ASBCA had no jurisdiction to decide the case, when the contractor's president submitted it by email and simply typed "//signed//" above his name. The Board in Teknocraft Inc. (Apr. 3, 2008, http://docs.law.gwu.edu/asbca/decision/pdf2008/55438.pdf) acknowledged that both the contractor and the government had used the typed designation "//signed//" in their emails during performance, but held that "//signed//" was not a "discrete, verifiable symbol of an individual" and constituted an "incurable defect" in the certification. ../NewsEvents/Newsletter.aspx?id=8984/30/2008 12:00:00 AMThis year Crowell & Moring LLP’s Ounce of Prevention Seminar, or OOPS, and its sister-conference, WOOPS on the West coast, will focus on navigating treacherous shoals in shifting government markets, while staying in bounds and outside of the enforcement spotlight. Join us as government contracts law practitioners and government decision makers share their perspectives on the latest industry topics such as: • New laws, regulations and federal initiatives • Ethics, Compliance and Integrity • Cost recovery • Homeland Security • False claims • GSA/Commercial Item Contracting • Bid Protests • State and local contracting • Iraq Contracting and Selling overseas ../NewsEvents/Event.aspx?id=4044/29/2008 12:00:00 AMCrowell & Moring International Dispute Resolution Group co-chair Arif Hyder Ali is featured for his comments on the new boutique consulting firm Gordius Consulting LLC. Gordius Consulting was founded by Wayne Wilson. April 29, 2008 – Global Arbitration Review ../NewsEvents/NewsAll.aspx?#news1984/29/2008 12:00:00 AM ../NewsEvents/Presentation.aspx?id=9434/29/2008 12:00:00 AM ../NewsEvents/Presentation.aspx?id=9454/29/2008 12:00:00 AM ../NewsEvents/Presentation.aspx?id=9704/29/2008 12:00:00 AMClick to access a PDF of the Thinking Outward: Global Players from Emerging Markets conference program. ../NewsEvents/Event.aspx?id=3944/28/2008 12:00:00 AM