EPA issues proposed rule limiting carbon dioxide emissions from new power plants
Earlier today, the Environmental Protection Agency issued the proposed Carbon Pollution Standard, a rule limiting carbon dioxide (CO2) emissions from new fossil-fuel powered electric power plants. If adopted, this proposed rule would establish the...
U.S. Supreme Court kicks Myriad, the Gene Patent Case, back to the Federal Circuit for consideration
In a move that was not unexpected, the U.S. Supreme Court has vacated and remanded Assn. For Molecular Pathology v. Myriad Genetics (often referred to as “the gene patent case”) to the U.S. Court...
U.S. Supreme Court decision gives rise to new challenges for patent protection
In a significant decision that could particularly impact the field of personalized medicine, the U.S. Supreme Court invalidated patent claims to a blood test used in the treatment of autoimmune diseases. In the March...
Lender Liability and Self "Mirandizing"
Anybody who has ever watched a TV police drama or movie has heard a Miranda warning—“You have the right to remain silent, anything you say can and will be held against you in a...
A developing area of bank examination
One of the many unknowns for banks from the Dodd Frank Act is the role of the Consumer Financial Protection Bureau (CFPB). Part of CFPB’s mission statement is promoting transparency and consumer choice and...
Kentucky Supreme Court rejects shareholder level discounts
The recent decision by the Kentucky Supreme Court in Shawnee Telecom Resources, Inc., successor by merger to Shawnee Technology, Inc. v. Kathy Brown establishes important precedent for determining fair value in dissenters’ rights actions...
Federal law forces banks to reassess their garnishment procedures
Until recently, bank personnel had no reason to check the source of a customer’s deposits before enforcing a garnishment order. In the wake of an increase in illegal garnishments, this is no longer the...
Filer Beware: Proof of Claim changes may lead to increased sanctions
The proof of claim form creditors file to evidence claims in bankruptcy has undergone a serious facelift to comply with amended Bankruptcy Rule 3001(s) and new Rule 3002.1, and the results mean increased burdens...