http://www.haynesboone.com/ Haynes and Boone alerts for all practice groups. en-us Fri, 10 Sep 2010 00:03:19 GMT Fri, 10 Sep 2010 00:03:19 GMT In two actions released last week, the Securities and Exchange Commission (“SEC”) signaled its new focus on credit rating agencies and foretold the seriousness with which it will approach the expanded regulatory authority granted to the SEC by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank Act”). http://www.haynesboone.com/SEC_Warns_Credit_Rating_Agencies Publication 2f34f59a-3afc-4d86-a30c-4e3bca5b5684 Tue, 07 Sep 2010 00:00:00 GMT The TCEQ will hold an informational meeting today (August 31) from 9:30 A.M. until 3:00 P.M. (CST), to discuss the proposed changes to the air quality permit by rule and standard permit for oil and gas production facilities. http://www.haynesboone.com/TCEQ_meeting_to_discuss_permitting Publication e3f66d0f-bbd3-415b-91ec-13382c31aa77 Tue, 31 Aug 2010 00:00:00 GMT This is the fourth client alert in a series of four generally describing (i) the tax changes that will occur on January 1, 2011 and in later tax years as a result of the recently enacted health care legislation, (ii) some of the steps a business owner should consider taking in order to prepare his or her business for sale, (iii) the sale process, and (iv) several key factors to consider in this process in an effort to maximize the after-tax benefits to the owners and to help ensure a smooth sales process. http://www.haynesboone.com/Items_to_Consider_in_Selling_Your_Business_4of4 Publication 30068ff9-3c2f-4628-a651-882c67ceb185 Thu, 26 Aug 2010 00:00:00 GMT When a donor attempts to cancel or withdraw from a charitable pledge, many organizations choose not to enforce the pledge in the spirit of donor and public relations. However, it is important to understand that charitable pledges can be legally enforceable obligations. This alert provides a summary of Texas law regarding enforceability of pledges. http://www.haynesboone.com/Tips_to_Ensure_Enforcability_of_Charitable_Pledges Publication c6083384-f35d-49eb-8a52-9d19eae2e4e7 Wed, 25 Aug 2010 00:00:00 GMT The use of hydraulic fracturing, sometimes called "fracking," has made it economically possible to produce hydrocarbons, mainly gas, from the central Appalachian region of the eastern United States. Shale gas development from the Marcellus Shale is focused in four states: New York, Pennsylvania, West Virginia and Ohio. http://www.haynesboone.com/Statutory_and_Regulatory_Developments_Related_to_Hydraulic_Fracturing Publication 93d544b2-3ccd-4d83-bde9-144f730b541c Tue, 24 Aug 2010 00:00:00 GMT This is the third client alert in a series of four alerts generally describing (i) the tax changes that will occur on January 1, 2011 and in later tax years as a result of the recently enacted federal legislation, (ii) some of the steps a business owner should take in order to prepare his or her business for sale, (iii) the sale process, and (iv) several key factors to consider to maximize the net after-tax benefits to the owners and to help ensure a smooth sales process. http://www.haynesboone.com/Determining_Whether_to_Sell_Your_Business_3of4 Publication a65cc201-dbdb-4675-abd0-03ffe67e006a Wed, 18 Aug 2010 00:00:00 GMT This alert is the second in a series of four generally describing (i) the tax changes that will occur on January 1, 2011 and in later tax years as a result of the recently enacted health care legislation, (ii) many of the steps a business owner should consider taking in order to prepare his or her business for sale, (iii) the sale process, and (iv) several key factors to consider in this process in an effort to maximize the after-tax benefits to the owners and to help ensure a smooth sales process. http://www.haynesboone.com/Determining_Whether_to_Sell_Your_Business_2of4 Publication 00851ab4-ea83-4d03-9f66-2e4c83de19de Tue, 10 Aug 2010 00:00:00 GMT The public dispute between EPA and the Texas Commission on Environmental Quality (TCEQ) over air quality issues continues to intensify. The latest salvo is a strongly worded letter from the state of Texas to EPA on the issue of air quality permitting of greenhouse gases. http://www.haynesboone.com/EPA_TCEQ_Dispute_Over_GHG Publication 3233ac92-3c5f-4615-b09b-9e2e82f0f726 Thu, 05 Aug 2010 00:00:00 GMT Haynes and Boone has prepared a summary of significant provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act that may have consequences for public companies and their officers and directors, as well as related entities, along with commentary on those provisions. http://www.haynesboone.com/The_Impact_of_Dodd-Frank Publication 50379b03-bf7f-45da-9ac5-ce4ca2b64448 Wed, 04 Aug 2010 00:00:00 GMT This alert highlights the imminent changes to the tax laws in 2011 (e.g., the sunset of the Bush era tax cuts) and the changes that will arise in later tax years (e.g., tax provisions contained in certain parts of the recently enacted health care legislation) that may affect a decision to sell your business this year. http://www.haynesboone.com/Determining_Whether_to_Sell_Your_Business_1of4 Publication 6122d06c-84a4-4c9b-8fc1-43eddcfa9e21 Tue, 03 Aug 2010 00:00:00 GMT In 2010, current OSHA enforcement statistics confirm this promise and reveal unprecedented levels of enforcement. The agency is also paving the way to bolster its capabilities through new proposed regulations. http://www.haynesboone.com/OSHA_Enforcement_Business Publication 0db83768-9633-4e64-8a5b-bc944065de71 Tue, 03 Aug 2010 00:00:00 GMT Despite entering into arbitration agreements with their employees, employers all too often find themselves in court adverse to the very employees who have signed an arbitration agreement. The U.S. Supreme Court recently issued three arbitration decisions that have important implications for employers seeking to avoid the inside of a courtroom. http://www.haynesboone.com/Litigating_Arbitration_Agreements Publication d7442fdc-7f79-4ded-bfa9-e533c53c8f20 Thu, 29 Jul 2010 00:00:00 GMT Small organizations at risk of losing their tax-exempt status for failure to file annual returns for 2007-2009 (including the Form 990-N or “e-Postcard,” required for organizations whose annual gross receipts are normally $25,000 or less) can maintain their tax-exempt status by filing returns by October 15, 2010. http://www.haynesboone.com/One-Time_Filing_Relief_for_Failure_to_File_Forms_990 Publication 4029d562-a68a-4eed-9ec7-574898edc3a4 Thu, 29 Jul 2010 00:00:00 GMT On July 21, 2010, President Obama officially signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Act”), which represents the most sweeping regulatory overhaul of the financial markets since the Great Depression. This alert addresses Title IV of the Act, codified as the Private Fund Investment Advisers Registration Act of 2010 (the “Registration Act”). http://www.haynesboone.com/Dodd-Frank_Private_Fund_Investment_Advisers Publication 9691e6b5-170e-4818-9b8e-15392376adb0 Fri, 23 Jul 2010 00:00:00 GMT The U.S. Department of Health and Human Services, the U.S. Department of Labor and the Department of Treasury have released another set of interim final regulations (the “IFR”) regarding the coverage of preventive care without cost sharing. http://www.haynesboone.com/Summary_Highlights_Health_Care_Reform Publication 1ff8f47a-1c86-43e1-bd3f-0505de2f84bb Tue, 20 Jul 2010 00:00:00 GMT The use of hydraulic fracturing has made it economically possible to produce hydrocarbons from reservoirs which previously would have been uneconomical to develop. Now, an extraordinary oil and gas boom is afoot in America, and onshore natural gas production is advancing at an extraordinary pace. http://www.haynesboone.com/Law_Applicable_to_Hydraulic_Fracturing Publication 13b38836-cf13-44fa-b781-f366943021fa Thu, 08 Jul 2010 00:00:00 GMT An almost universal feature of commercial loan agreements is the inclusion of representations and warranties regarding the financial statements and condition of the borrower. A recent case examined whether under New York law, sophisticated lenders can reasonably rely upon such representations in asserting claims of fraud instead of being required to make an independent investigation into the books and records of the Borrower. http://www.haynesboone.com/NY_Court_of_Appeals Publication 3be61593-f79f-4b2c-aa87-33f8d050ad6e Thu, 08 Jul 2010 00:00:00 GMT On June 30, 2010, the Securities and Exchange Commission (the “SEC”) formally adopted Rule 206(4)-5 (the “Pay-to-Play Rule”) under the Investment Advisers Act of 1940, as amended (the “Act”). http://www.haynesboone.com/SEC_Adopts_Pay-to-Play_Rules Publication db03eb2c-82b6-47b2-95f9-8c904afb99d5 Fri, 02 Jul 2010 00:00:00 GMT The United States Supreme Court issued a unanimous decision that provides guidance on steps employers can take to reduce an employee’s privacy expectations and emphasizes the importance of having a clear, well-defined privacy policy. http://www.haynesboone.com/US_Supreme_Court_Upholds_Employer_Searches Publication f0099657-eed2-4e2a-b016-0050fbefa321 Wed, 30 Jun 2010 00:00:00 GMT On June 28, 2010, the United States Supreme Court announced its decision on Bilski v. Kappos regarding what inventions are eligible for patent protection. The decision affirms that business methods are patentable, although the specific business methods at the center of the case are not. http://www.haynesboone.com/The_Supreme_Court_Rules_on_Bilski Publication 26d908f4-12d9-432c-9e78-833ce32adf09 Tue, 29 Jun 2010 00:00:00 GMT Most patent applicants can now accelerate the examination of a select number of patent applications in exchange for abandoning an equal number of unexamined, pending applications, according to an announcement issued by the U.S. Patent and Trademark Office (“PTO”) on June 24, 2010. The PTO’s official notice, titled “Expansion and Extension of the Patent Application Backlog Reduction Stimulus Plan” (the “Plan”), eliminates the requirement whereby only small entity applicants could participate in the Plan. http://www.haynesboone.com/Accelerated_Patent_Examination_Plan_Extended Publication 64079395-dc0b-406c-b2eb-b17ec5b9ed74 Mon, 28 Jun 2010 00:00:00 GMT In an opinion issued last week, Morrison v. National Australia Bank Ltd., 559 U.S. __ (2010), the Supreme Court held that foreign plaintiffs cannot use the U.S. Securities laws to sue foreign issuers based on foreign stock purchases: a ruling that sounds the death knell for these so-called “foreign cubed” cases. http://www.haynesboone.com/Supreme_Court_Limits_Reach_of_Securities_Fraud Publication 52139a83-1e56-4a6a-bf6d-4d3c0b54d29e Mon, 28 Jun 2010 00:00:00 GMT The United States Patent and Trademark Office (“USPTO”) is seeking public comment on a proposed three-track patent examination initiative that would provide applicants with greater control over the speed at which their applications are examined. http://www.haynesboone.com/US_Patent_Office_Proposes Publication a7633d72-5fa0-456e-91c6-4b57534b2a7a Wed, 23 Jun 2010 00:00:00 GMT A new campaign finance bill sponsored by Senator Chuck Schumer and Representative Chris Van Hollen would impose new spending restrictions and disclosure requirements. http://www.haynesboone.com/New_Barriers_to_Campaign_Spending Publication dcac1890-96e0-4039-bebf-a3bc7ccd8c05 Thu, 17 Jun 2010 00:00:00 GMT In a decision of first impression, a federal district court has held that the “clawback” provision of Sarbanes-Oxley permits the SEC to seek reimbursement of incentive-based compensation from CEOs and CFOs of companies that restate their financial statements as a result of misconduct, even if the CEO and CFO had no personal involvement in such misconduct. http://www.haynesboone.com/Court_Ruling_Endorses_SECs_Power Publication ccd9d865-2bb9-4f60-a7ee-7d0f1fd4e7a2 Mon, 14 Jun 2010 00:00:00 GMT Government contractors and subcontractors now have a new, unsavory obligation. On January 30, 2009, President Obama signed Executive Order 13496 – which requires government contractors and subcontractors to post a notice informing employees of their right to engage in concerted, collective activity. http://www.haynesboone.com/Federal_Government_Implements_Pro-Union_Notice_Requirement Publication 8c0faec6-0961-494a-9c2e-57c1ff72361e Wed, 09 Jun 2010 00:00:00 GMT Citing an independent cost of service study’s findings that the U.S. Government is not fully covering its costs for the processing of visas, the Department of State has announced its intention to increase visa fees. The rule, which will go into effect on June 4, 2010, would increase fees for certain non-petition-based nonimmigrant visas and some Border Crossing Cards. http://www.haynesboone.com/US_Increases_Fees_Decreases_Paperwork Publication 7ce9c84d-23af-4539-a130-006de36f42cd Fri, 28 May 2010 00:00:00 GMT There have been two significant new developments in the regulation of greenhouse gases (“GHG”). One is the long awaited introduction of new draft legislation that sponsors hope will bridge the disagreements that have prevented the passage of comprehensive GHG legislation. The other is the issuance, on May 13, 2010, of EPA’s greenhouse gas tailoring rule, the final piece of EPA’s multiple promulgations to commence control of GHG from stationary sources. http://www.haynesboone.com/US_Senate_Bill_Looks_to_Move_Cap-and-Trade Publication 081fd5d6-5f88-4add-a5f1-dde6497a7c36 Tue, 25 May 2010 00:00:00 GMT Many employers are already planning revisions to their medical plans for 2011. However, under health reform, if “grandfathered plans” (generally plans with at least one participant on March 23, 2010) make changes in their benefit structure, they may lose “grandfathered” status. This article answers some of employers' most pressing questions. http://www.haynesboone.com/health_reform_2011_design_considerations Publication 04cf9c64-09ee-4dd1-8cd3-5e0e9388acb6 Mon, 24 May 2010 00:00:00 GMT The U.S. Court of Appeals for the Federal Circuit, which hears all U.S. patent infringement appeals, issued an order on April 26, 2010 requesting briefs from the parties in Therasense, Inc. v. Becton, Dickinson, and Co. (appeal no. 2008-1511) to consider en banc the standards by which courts should find “inequitable conduct.” http://www.haynesboone.com/Inequitable_Conduct_Therasense Publication f688b14c-46a4-45a8-8eb6-0e625dcc9e4f Thu, 13 May 2010 00:00:00 GMT Just one day after the U.S. Court of Appeals for the Federal Circuit indicated that it would consider the current state of the inequitable conduct doctrine en banc in Therasense, Inc. v. Becton Dickinson and Co., a split panel of the Federal Circuit issued a decision in the case of Avid Identification Systems, Inc. v. Crystal Import Corp. affirming a lower court’s finding of inequitable conduct. http://www.haynesboone.com/Management_Torched_Our_Patent Publication d68b72fe-7914-42ca-99bf-063d110c0b1d Mon, 10 May 2010 00:00:00 GMT Rolling out OSHA’s semiannual regulatory agenda on April 26, 2010, Secretary of Labor Hilda Solis unveiled several action items being marketed as the “Plan, Prevent, and Protect” enforcement strategy. http://www.haynesboone.com/What_Employers_Should_Expect_From_OSHA Publication ea0fbf1f-a4db-4a10-a0c1-194573231946 Mon, 10 May 2010 00:00:00 GMT In an opinion issued last week, Merck & Co. v. Reynolds, 559 U.S. __ (2010), the Supreme Court significantly curtailed the ability of defendants to assert the statute of limitations as a defense to a securities fraud claim under § 10(b) of the Securities Exchange Act of 1934. The decision makes it less likely that courts will dismiss, on statute of limitations grounds, cases filed within five years of the alleged fraud. http://www.haynesboone.com/Supreme_Court_Vitiates_Statute_of_Limitations Publication cfe41be0-c722-452e-add3-3509091f5588 Fri, 07 May 2010 00:00:00 GMT Although healthcare reform does not require group health plans to provide coverage for children up to age 26, without regard to marital or student status, until the first plan year beginning on or after September 23, 2010, many insurers are now offering employers with fully insured plans the opportunity to continue the health coverage of children who would otherwise lose coverage this year. This alert describes how employers with self-insured plans also may provide such coverage to children up to age 26 before it is otherwise legally required. http://www.haynesboone.com/employers_may_offer_coverage Publication 39489df4-835a-4737-b95c-128d15cfadcf Thu, 06 May 2010 00:00:00 GMT With increased scrutiny and regulation by Congress and the Internal Revenue Service, it is becoming more important for non-profits to focus on compliance with both federal and state rules. http://www.haynesboone.com/Loans_to_Directors_and_Officers Publication dfb773bf-d322-44cd-9c77-2b7e5bed48fa Mon, 03 May 2010 00:00:00 GMT On March 21, 2010, the House of Representatives passed the Patient Protection and Affordable Care Act (“PPACA”), which President Obama signed into law on March 23, 2010. The health care reform law will make far-reaching changes to the United States health care system over the next several years.  http://www.haynesboone.com/How_the_Recent_Health_Care_Reform_Affects_Employers Publication eda10802-3949-4f0b-a67e-1029a9325191 Thu, 22 Apr 2010 00:00:00 GMT The Financial Industry Regulatory Authority (FINRA) issued a Regulatory Notice to its members (FINRA Regulatory Notice 10-22) outlining and reminding them of their regulatory responsibilities in connection with Regulation D private placement offerings. http://www.haynesboone.com/FINRA_Issues_Guidance_Notice Publication dcac28d3-1770-43d1-8011-093d33c4dc2b Thu, 22 Apr 2010 00:00:00 GMT USCIS has issued a notice to assist those non-immigrants stranded in the U.S. due to European airport closures resulting from the Icelandic volcano eruption. The notice addresses those who are about to exceed their authorized stay in the U.S., which is noted on their I-94 or I-94W arrival/departure record. http://www.haynesboone.com/extensions_during_Icelandic_volcano_delays Publication 65d775a4-5f84-4a0b-a6bd-012521edbe77 Tue, 20 Apr 2010 00:00:00 GMT On April 8, 2010, the United Kingdom adopted The Bribery Act, and all U.S. companies with operations in the U.K., that employ U.K citizens, or that engage in activities involving U.K. facilities or resources, such as British bank accounts, should take note. http://www.haynesboone.com/New_Development_in_Foreign_Anticorruption_Law Publication 566bdd24-5945-4d7b-8495-935bf7e2d413 Wed, 14 Apr 2010 00:00:00 GMT This alert summarizes the major provisions of the Patient Protection and Affordable Care Act (“PPACA”) and the Health Care and Education Reconciliation Act of 2010 (together with the PPACA, the “Act”) that will impact employers and their group health plans (“GHPs”). http://www.haynesboone.com/Healthcare_Reform Publication 7648f359-69bb-4aeb-9c4e-a175d05c3ac8 Thu, 08 Apr 2010 00:00:00 GMT On April 14, 2010, the Texas Commission on Environmental Quality (“TCEQ”) Commissioners are scheduled to consider proposing new rules that would significantly restrict the ability of companies who rely upon Standard Permits and Permits by Rule (“PBR”) for air quality authorizations to install new facilities or expand or modify existing facilities. http://www.haynesboone.com/TCEQ_Proposes_Restrictions_on_Standard_Permits Publication 694edb1c-24f1-4d1d-b66e-61f0f46b0e66 Tue, 06 Apr 2010 00:00:00 GMT A recent ruling should provide some comfort for non-U.S. companies involved in U.S. trademark oppositions or cancellations. The United States Patent and Trademark Office (USPTO) has clarified that companies with no U.S. operations cannot easily be forced to travel to the U.S. for oral depositions. http://www.haynesboone.com/USPTO_Rules_on_Deposing Publication 4e2189a1-f18c-4433-b217-86f14df80648 Fri, 02 Apr 2010 00:00:00 GMT Although the regulations eliminating the advance ruling process have been in place since the end of 2008, we continue to receive questions from public charity clients regarding the need to prove public support after an organization’s first five tax years. http://www.haynesboone.com/Elimination_of_Advance_Ruling_Process_for_Public_Charities Publication 19a47d7e-e685-45b1-b4e9-259a20c9516c Thu, 01 Apr 2010 00:00:00 GMT The recent case of Mervyn’s LLC v. Lubert-Adler Group IV, LLC, et al. (In re Mervyn’s Holdings, LLC), serves as a warning to sellers and equity firms participating in leveraged buyouts to be wary of the effect such buyouts will have on creditors of the target company. http://www.haynesboone.com/Weathering_Mervyns Publication 2ccb8f5d-4ea5-4c65-94fb-0064d0a29ed4 Wed, 31 Mar 2010 00:00:00 GMT The EPA said Monday that it will begin regulating greenhouse gas emissions no earlier than January 2, 2011. The EPA announcement came in its March 29, 2010 decision regarding reconsideration of the December 18, 2008 memorandum from then EPA Administrator Stephen Johnson (“the Johnson Memorandum”) that addressed when air pollutants become regulated pollutants under the federal Clean Air Act (“the Act”). http://www.haynesboone.com/EPA_Sets_Timeline_for_Regulating_Greenhouse_Gases_in_Permits Publication 9e2d0791-3b8a-4ec2-a52e-046ee6cfd86c Tue, 30 Mar 2010 00:00:00 GMT The National Labor Relations Board (“NLRB”) is finally moving towards its full complement of five members. On March 27, 2010, President Barack Obama made two recess appointments (a procedure not requiring legislative approval), increasing the NLRB’s membership from the two that have been serving the past couple of years to four members. The appointments still leave the NLRB one member short; however, three members constitute a quorum that can unquestionably decide cases before the Board. http://www.haynesboone.com/Becker_Pearce_Appointed_to_NLRB Publication 9daf4e19-ba44-4564-874d-02525daf77e4 Tue, 30 Mar 2010 00:00:00 GMT The European Court of Justice ruled this week that Google did not infringe trademark rights by letting advertisers purchase keywords corresponding to their competitors’ trademarks in Google’s AdWords program. http://www.haynesboone.com/Google_Adwords_Decision Publication ca5aac26-6296-496f-8448-4243624ba165 Thu, 25 Mar 2010 00:00:00 GMT Over the last several years, the environmental agencies have increased their focus on air quality issues associated with oil and gas production activities. On March 23, 2010, both EPA and the TCEQ announced new proposals that would increase air quality regulation of the oil and gas industry. http://www.haynesboone.com/More_Proposed_Regulation_of_Oil_and_Gas_Operations Publication b9c06880-010a-4e57-be69-28a71e6be62f Thu, 25 Mar 2010 00:00:00 GMT On March 22, 2010, the Third Circuit released its long-awaited ruling in the Philadelphia Newspapers case regarding the applicability of credit bidding. In Philadelphia Newspapers, the proposed plan of reorganization provided for a sale of assets free of the liens of the secured creditors without allowing the secured creditors to credit bid on the assets. http://www.haynesboone.com/Weathering_Third_Circuit_Ruling Publication 0f66ad59-de47-4449-8dc4-a9b8c10285a8 Thu, 25 Mar 2010 00:00:00 GMT The Department of Labor issued new model notices that reflect the most recent extension of the COBRA subsidy, which covers involuntary terminations that occur through March 31, 2010. The updated model notices are summarized in this alert. http://www.haynesboone.com/new_model_notices_cobra Publication c6255997-e501-4953-b9ee-971220057171 Fri, 19 Mar 2010 00:00:00 GMT The Texas franchise tax (also known as the “margin tax”) is so expansive that it can apply to private trusts administered in Texas. http://www.haynesboone.com/warning_trusts_in_texas Publication 8b7deb59-3a99-4bd0-9cbc-2f45e0caa077 Thu, 18 Mar 2010 00:00:00 GMT A new wrinkle in the Lehman Brothers bankruptcy cases emerged recently when a U.S. bankruptcy judge issued an opinion directly at odds with the decisions previously rendered by certain English courts regarding priority of payment provisions (the “Priority Provisions”) with respect to collateral under the “Dante Program.” http://www.haynesboone.com/Weathering_Priority_of_Collateral_Conflicts Publication 273a4286-79e2-4280-8791-59bf5b0383e3 Wed, 17 Mar 2010 00:00:00 GMT As we navigate the waters of these tough economic times, appraisal districts faced with massive city, school and county revenue losses caused by declining property values will most likely try to stem the tide by not voluntarily lowering taxpayers’ 2010 property values to their fair market values. Meanwhile, property owners struggle to reconcile the aftermath of declining occupancy rates, the bid/ask spread, and frozen financial markets with their property’s value as appraised by their local appraisal district. http://www.haynesboone.com/Texas_Property_Tax_Reductions Publication 1989145b-f8ca-47cb-8ed3-ef2c3d4ae72b Tue, 16 Mar 2010 00:00:00 GMT Once again, Congress has extended the period during which an individual must be involuntarily terminated (as defined for purposes of the COBRA subsidy, an “Invol Term”) to be eligible for the COBRA subsidy. Invol Terms occurring through March 31, 2010 will be eligible for the COBRA subsidy. This change is effective retroactively, so that those persons with an Invol Term on March 1, 2010 are still eligible for the COBRA Subsidy. http://www.haynesboone.com/COBRA_Subsidy_Extension Publication 54631f15-56f8-4ed3-85af-0f27e04f4abf Fri, 12 Mar 2010 00:00:00 GMT From 2010 until 2013, approximately $1.4 trillion of commercial real estate loans will mature. This alert discusses the rules governing Single Asset Real Estate (SARE) Chapter 11 cases. http://www.haynesboone.com/Weathering_SARE Publication 36b53721-98d0-4e45-8cd8-1253225ee7aa Thu, 11 Mar 2010 00:00:00 GMT The Texas Business Organizations Code (the “TBOC”) – enacted in 2003 and generally effective January 1, 2006 – combined the laws found in a number of Texas statutes (including the Texas Non-Profit Corporation Act and the Texas Unincorporated Non-Profit Association Act), standardized filing requirements and fees for Texas entities, made other substantive changes, and implemented new terminology. http://www.haynesboone.com/Texas_Business_Organizations_Code_Non_Profit Publication 9aee6a1b-429c-43aa-9df5-e367dff5c179 Tue, 09 Mar 2010 00:00:00 GMT Since the start of 2009, there have been material changes to the form and content of periodic reports and proxy statements. This memorandum outlines the changes in the federal securities laws and New York Stock Exchange (“NYSE”) rules since January 2009 that impact the form and content of 2009 Forms 10-K and 2010 proxy statements for domestic issuers subject to Regulation S-K. http://www.haynesboone.com/Guide_to_SEC_Reporting_Changes_Revised Publication 7d8c37be-9095-4087-85be-3b51a3e3ffc4 Wed, 03 Mar 2010 00:00:00 GMT Historically, a significant number of states had a general policy of respecting the form of a transaction chosen by a taxpayer and applied their sales tax laws based on that form of transaction. But several states, including Texas, that adopted and followed this policy are now undergoing a major shift to a new policy whereby they will determine the taxability of a transaction. http://www.haynesboone.com/Texas_and_Many_Other_States Publication 7946002b-5bc9-47f8-bb10-009338bcdfad Wed, 24 Feb 2010 00:00:00 GMT On January 19, 2010, the Federal Trade Commission (FTC) announced its annual adjustment to the pre-merger notification filing thresholds under the Hart-Scott-Rodino Antitrust Improvements Act of 1976, as amended (HSR), and for the first time in history, the HSR thresholds were decreased. The new thresholds became effective February 22, 2010. http://www.haynesboone.com/FTC_Lowers_HSR_Notification_Thresholds Publication e8d633d6-931f-45b8-a6fe-dba603129fa8 Tue, 23 Feb 2010 00:00:00 GMT When a governmental entity believes that information requested from it under the Texas Public Information Act (“PIA”) is exempt from disclosure, the PIA requires the entity to request an attorney general’s opinion within 10 business days after receiving the request. However, the PIA also allows the governmental entity to ask the requestor to clarify a request it finds to be unclear. http://www.haynesboone.com/Texas_Supreme_Court_Resets_PIA Publication f034144f-4cb7-40af-bfcf-b7a982f88eba Tue, 23 Feb 2010 00:00:00 GMT The current economic climate has led to a dramatic increase in bank failures over the past few years. In 2009 alone, 140 banks failed, compared to 26 bank failures in 2008 and only 3 bank failures in 2007. The Federal Deposit Insurance Corporation (the “FDIC”) recently announced that it has 702 banks on its “Problem List” as of December 31, 2009, up 27 percent from 552 banks on September 30, 2009. This acute trend has heightened the awareness and interest in the role of the FDIC as receiver of a failed bank. http://www.haynesboone.com/Weathering_FDIC Publication 4e63198c-33ca-44d0-b0a4-b256d7b0a45d Tue, 23 Feb 2010 00:00:00 GMT On January 1, 2010, the Texas Business Organizations Code (“TBOC”) became applicable to all Texas entities and foreign entities required to register to do business in Texas. http://www.haynesboone.com/Texas_Business_Organizations_Code Publication f1e00e87-20bc-4727-941a-006f4c73cd9f Thu, 18 Feb 2010 00:00:00 GMT As the tax-exempt environment continues to become increasingly complex and focused on compliance and governance, it becomes more important to be aware of issues significant to the IRS. We have highlighted below a few of the issues on the IRS’ radar for 2010. http://www.haynesboone.com/Issues_on_the_IRS_Horizon_for_Tax-Exempt Publication 4939eac8-217e-46bd-906e-cf81e4aeea57 Wed, 17 Feb 2010 00:00:00 GMT Over the past decade, the Court of Appeals for the Fifth Circuit has set a high bar for securities fraud class action plaintiffs, denying class certification in a number of cases. But in light of the financial crisis and language in recent Fifth Circuit decisions, some may have thought that the tide might be turning. On February 12, 2010, the Fifth Circuit dispelled that notion in The Archdiocese of Milwaukee Supporting Fund v. Halliburton. http://www.haynesboone.com/Fifth_Circuit_Continues_Rigorous_Scrutiny Publication f94bab06-c00a-44b3-b911-470feb44df0d Tue, 16 Feb 2010 00:00:00 GMT On February 2, 2010, the Securities and Exchange Commission (the “SEC”) announced guidance regarding public companies’ disclosure obligations related to climate change. On February 8, 2010, the SEC published that guidance in the Federal Register, at which time it became effective. As a result, calendar year-end companies with upcoming annual reports on Form 10-K should evaluate whether their disclosures concerning climate change are consistent with the new guidance. http://www.haynesboone.com/SEC_Clarifies_Climate_Change_Disclosure_Obligations Publication a16100cc-ae9c-4572-a9a4-567f93946173 Thu, 11 Feb 2010 00:00:00 GMT On January 21, the U.S. Supreme Court struck down the restrictions on corporate expenditures encompassed in the Bi-Partisan Campaign Reform Act of 2002 (commonly known as the McCain-Feingold Act). http://www.haynesboone.com/Citizens_United_v_FEC Publication 008cd631-af97-405b-acc9-f82cf54e3445 Tue, 09 Feb 2010 00:00:00 GMT In a decision that is not surprising, but that should be welcomed by lenders (but perhaps not by borrowers), the Appellate Division of the New York Supreme Court held in Amcan Holdings, Inc., et al. vs. Canadian Imperial Bank of Commerce, et al., Case No. 603393/07, that a detailed, executed term sheet was not a binding contract to lend. http://www.haynesboone.com/Weathering_Conditions_Precedent Publication dc4963b4-e1dd-49ce-9d76-f32c48a8c62a Mon, 08 Feb 2010 00:00:00 GMT The United States Patent and Trademark Office (PTO) announced that, as part of President Obama’s recently proposed budget for Fiscal Year (FY) 2011, the PTO’s budget would be $2.322 billion, a 23 percent increase over FY 2010. http://www.haynesboone.com/Innovation_Fee Publication 3be75d6c-6904-4cee-8e75-3d6f41ac0274 Fri, 05 Feb 2010 00:00:00 GMT The Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”) makes significant changes to the privacy and security requirements of the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”). Group health plans and other covered entities must comply with the HITECH Act by February 17, 2010. http://www.haynesboone.com/Deadline_for_Compliance_with_the_HITECH_Act Publication 1e1b460c-c748-47f6-a0ef-a5e970f9db54 Thu, 04 Feb 2010 00:00:00 GMT The U.S. Patent and Trademark Office (USPTO) is modifying the computer program it uses to calculate Patent Term Adjustment (PTA) in light of the recent decision in Wyeth v. Kappos, No. 2009-1120 (Fed. Cir. Jan. 7, 2010). http://www.haynesboone.com/USPTOs_Interim_Procedures Publication a4d9da66-0d2f-428e-8daa-e1760e175124 Wed, 03 Feb 2010 00:00:00 GMT In what may be a new opportunity for cybersquatters, the Colombian .CO registry will soon allow for registration of domain names ending in simply .CO. Such domain names may be a prime platform for social networking sites and brand owners. As the registry explains, the acronym .CO can be associated with terms that include company, corporation, commerce, communities, content, connect, communication, collaborate, and consumers. http://www.haynesboone.com/Steer_Internet_Traffic Publication a1afc523-82f9-45ea-b776-0266a52808c7 Tue, 02 Feb 2010 00:00:00 GMT On January 27, 2010, the Securities and Exchange Commission (the “SEC”) voted to provide interpretive guidance on SEC disclosure requirements as they apply to business or legal developments relating to the issue of climate change. http://www.haynesboone.com/SEC_to_Clarify_Climate_Change Publication 491a777e-4671-46be-bc02-23872fd855a4 Tue, 02 Feb 2010 00:00:00 GMT On January 19, 2010, the Department of Justice pulled back the curtain on its largest prosecutions of individuals in the history of the Foreign Corrupt Practices Act (“FCPA”). About 150 agents from the Federal Bureau of Investigation arrested 22 individuals and executed 14 search warrants in the United States and United Kingdom. Those arrested are believed to represent about 16 companies involved in the foreign bribery investigation. http://www.haynesboone.com/Enforcement_of_the_FCPA Publication f8d816d9-58e2-40ae-864f-7ada2dff35f2 Mon, 01 Feb 2010 00:00:00 GMT The U.S. Department of Labor (“DOL”) issued final regulations, effective January 14, 2010, that (1) clarify that the contribution timing rules apply to plan loan repayments, and (2) provide a safe harbor for depositing participant contributions (including loan repayments) to employee benefit plans with fewer than 100 participants on the first day of the plan year. http://www.haynesboone.com/DOL_Safe_Harbor_Rules_Deposits_Participant_Contributions_Loan_Repayments Publication 880c0f20-476f-44d0-a072-4e8bedc33a94 Fri, 29 Jan 2010 00:00:00 GMT As described in an earlier alert, the IRS has announced a document correction program covering certain failures to comply with Section 409A of the Internal Revenue Code (“Section 409A”), which contains tax rules for nonqualified deferred compensation arrangements. http://www.haynesboone.com/IRS_Issues_409A_Document_Correction_Program_Second Publication a3b0a9f1-ee7a-438e-ac94-e7406f28ff36 Thu, 28 Jan 2010 00:00:00 GMT Yesterday, January 26, 2010, Judge David Hittner of the United States District Court for the Southern District of Texas issued an important opinion in the Stanford Financial case that paves the way for targets of criminal and civil enforcement proceedings to obtain insurance coverage for costs of defending themselves. The decision marks a significant victory for executives who have the misfortune of being caught up in a government prosecution and find themselves otherwise unable to fund their defense. http://www.haynesboone.com/Federal_Court_Issues_Injunction_Stanford_Financial_Defendants Publication ffed139a-0f74-42d2-93d3-fe40419527be Wed, 27 Jan 2010 00:00:00 GMT In a case arising from the Southern District of Texas, the Federal Circuit recently issued an opinion that highlights the risks associated with marking products with patent numbers. See Forest Group, Inc. v. Bon Tool Co., No. 2009-1044 (Fed. Cir. Dec. 28, 2009) (slip opinion).  http://www.haynesboone.com/Litigation_Risk_and_Liability_Danger Publication 6f217d7d-c7ca-439d-a4f3-dcc7de627c72 Wed, 27 Jan 2010 00:00:00 GMT The SEC’s Division of Enforcement is implementing a series of measures designed to enhance and encourage cooperation in its investigations and litigation and, the Division hopes, expedite the enforcement program. http://www.haynesboone.com/A_New_Era_of_Cooperation_at_the_SEC Publication 6389aa1b-a1f1-4621-a704-00a6c207b5c6 Mon, 25 Jan 2010 00:00:00 GMT The Department of Labor recently issued model notices for employers to use under the COBRA subsidy extension, and the Internal Revenue Service issued additional guidance for an employer claiming on its federal employment tax return (Form 941) the credit for 2009 retroactive coverage arising from the subsidy extension for those individuals who had otherwise exhausted the subsidy period. http://www.haynesboone.com/Model_Notices_and_Additional_Guidance_Issued Publication ebf7c2da-b630-41aa-92ec-6e031e3051c4 Tue, 19 Jan 2010 00:00:00 GMT http://www.haynesboone.com/The_IP_Beacon_January_2010 Publication 0b198fd0-c1d3-4d8e-b28c-a09b7f3b3981 Tue, 19 Jan 2010 00:00:00 GMT The IRS has issued a Notice that describes a document correction program covering certain failures to comply with Section 409A of the Internal Revenue Code (“409A”). 409A contains tax rules for nonqualified deferred compensation arrangements. While this IRS program offers employers welcome relief from inadvertent drafting mistakes and other failures to conform applicable documents to the requirements of 409A, it also raises some additional concerns. http://www.haynesboone.com/IRS_Issues_409A_Document_Correction_Program Publication d10e2cd3-6d7b-4b6b-9ae9-0a0a7c1a8011 Wed, 13 Jan 2010 00:00:00 GMT On December 30, 2009, the Securities and Exchange Commission (the “SEC”) formally published amendments to Rule 206(4)-2 of the Investment Advisers Act of 1940, as amended (the “Custody Rule”). The Custody Rule is designed to increase protections for clients and investors who turn their assets over to an investment adviser registered with the SEC, and it imposes significant new regulatory requirements on advisers with custody of client assets. http://www.haynesboone.com/SEC_Adopts_Amendments_to_Custody_Rule Publication c04480fb-a65a-4ecb-a61d-a2e160957ab6 Wed, 13 Jan 2010 00:00:00 GMT The transfer tax situation for 2010 could hardly be more confusing. This alert summarizes issues related to making transfers to children or grandchildren in the current tax environment. http://www.haynesboone.com/Estate_Gift_and_Generation-Skipping_Tax_Confusion Publication e9ec6a9f-cd10-43dd-8803-8412889a6615 Mon, 11 Jan 2010 00:00:00 GMT On Jan. 6, Environmental Protection Agency Administrator Lisa Jackson announced that the EPA is proposing to revise downward the primary National Ambient Air Quality Standard (NAAQS) for ozone. The primary standard was established to protect human health. The agency also proposes to develop a new secondary standard, established to protect public welfare.  http://www.haynesboone.com/EPA_Proposes_Revised_Ozone_Standard Publication a613b30f-5a55-445d-8618-d25409cea5f4 Fri, 08 Jan 2010 00:00:00 GMT Seeking a state purchasing contract? You may now be required to register as a lobbyist. Some independent contractors who help vendors secure procurement contracts in Texas are now required to register with the Texas Ethics Commission. House Bill 3445, which the Texas Legislature passed last spring during the 81st Texas Legislative Session, established new guidelines for lobbying activities related to state procurement contracts. http://www.haynesboone.com/Texas_Government_Contracts Publication 57077ac6-3fdf-43ed-864f-2e4814a1f436 Tue, 05 Jan 2010 00:00:00 GMT On December 19, 2009, the Department of Defense Appropriations Act of 2010 (the “Act”) extended the COBRA continuation coverage subsidy, which originally was due to expire at the end of 2009. While the mechanics of the COBRA subsidy generally remain unchanged, the Act expands the coverage previously provided under the COBRA subsidy. http://www.haynesboone.com/COBRA_Subsidy_Extended_Updated Publication 8f07f156-39ce-42fd-9ff8-022387852212 Tue, 29 Dec 2009 00:00:00 GMT The U.S. Securities and Exchange Commission (SEC) recently adopted amendments to its rules affecting disclosure of executive compensation and corporate governance matters. This alert summarizes the key changes. http://www.haynesboone.com/SEC_Amends_Disclosure_Rules Publication df2f2037-0548-45d1-8e51-41ec9f73829a Tue, 29 Dec 2009 00:00:00 GMT While memorable for many things, 2009 may long be remembered as a year of record corporate insolvency. Now more than ever, it is crucial that debtors, creditors, trustees, and, indeed, anyone with an interest in maximizing the financial resources on hand to satisfy debts, understand (1) what coverage may potentially be available; and (2) how to gain access to and maximize this important financial resource. http://www.haynesboone.com/Weathering_the_Storm_Insurance_Coverage_and_Insolvency Publication f7cb62ca-5ba2-4b17-baa5-aa550247103c Tue, 22 Dec 2009 00:00:00 GMT Here is a compiled list of administrative issues for owners of Texas limited partnerships or limited liability companies (“LP/LLC”) to consider as December 31 approaches. Although some of these issues are not necessarily time-sensitive, year-end is a good time to consider whether your entity is in compliance with state and federal requirements. http://www.haynesboone.com/Year-End_Limited_Partnership_Considerations Publication 9b9750b8-ace5-41b8-a187-008ead41c14c Tue, 22 Dec 2009 00:00:00 GMT As the end of the year approaches, it is a good time to consider actions that may lower your tax bill this year and possibly next year as well. Year-end tax planning could be especially beneficial this year because several tax breaks will not be around next year unless Congress acts to extend them. http://www.haynesboone.com/Tax_Planning_for_Happy_New_Year Publication 7d8c4e20-9611-493e-9ef8-4b9effa983ca Thu, 17 Dec 2009 00:00:00 GMT Many companies secured their financing several years ago when the credit market featured advantageous pricing and loose loan covenants. Because these favorable terms would be impossible for borrowers to obtain in today’s lending environment, many viable companies with highly leveraged capital structures are looking for strategies to restructure debt. Charter Communications (“Charter”), the country’s fourth largest cable television company, took a gamble during, arguably, the most challenging period in the modern era of global corporate finance.  See how the company's bold moves paid off.  http://www.haynesboone.com/Charter_Communications_Decision_Allows_Reinstatement_of_Debt Publication 504fa486-ee2b-484f-b74a-b66dd08bdf7c Fri, 11 Dec 2009 00:00:00 GMT Publicly held corporations may need to adopt an amendment by December 31, 2009 for certain performance-based compensation plans and agreements, including incentive compensation and equity plans and executive employment agreements. http://www.haynesboone.com/Year-End_Changes_162m_Plans Publication 583f736f-65a1-42b2-b128-24aff1a77625 Tue, 08 Dec 2009 00:00:00 GMT On December 7, 2009, EPA Administrator Lisa Jackson announced EPA’s finding that emissions of greenhouse gases may reasonably be anticipated to endanger public health and welfare (“the endangerment finding”). Administrator Jackson also made a related finding that emissions of certain greenhouse gases from motor vehicles contribute to air pollution (“the cause or contribute finding”). These findings have far reaching impacts on commercial and industrial operations, including many that have not previously been regulated under the federal Clean Air Act (“CAA”). http://www.haynesboone.com/EPA_Issues_Greenhouse_Gas_Endangerment_Finding Publication 1ad0a2c5-3aa0-47ee-8830-4f90337e4da2 Mon, 07 Dec 2009 00:00:00 GMT Employers have until December 31, 2009 to take advantage of opportunities to avoid the 20% and other penalty taxes that otherwise would be imposed by Section 409A of the Internal Revenue Code. We recommend employers review all their plans and agreements that are subject to Section 409A, including nonqualified deferred compensation, severance, change of control plans and agreements, and employment agreements. http://www.haynesboone.com/Correction_of_409A_Violations Publication 51812b94-31db-494e-b813-11d6ad0211df Mon, 07 Dec 2009 00:00:00 GMT As part of OSHA’s new emphasis on recordkeeping, employers should expect increased inspections and heightened enforcement of recordkeeping regulations. http://www.haynesboone.com/osha_crackdown_on_employer_recordkeeping Publication f59e5334-aba2-486c-ad15-10511f983d66 Thu, 03 Dec 2009 00:00:00 GMT The Patent and Trademark Office (“PTO”) published an official notice titled “Patent Application Backlog Reduction Stimulus Plan” on Wednesday, November 25, 2009 that it will now advance applications out of turn for small entity patent applicants on a temporary basis (74 Fed. Reg. 62,285). http://www.haynesboone.com/Jumpstart_Your_Patent_Application Publication 26994d3b-961e-4a7c-a235-cf111a7b3747 Mon, 30 Nov 2009 00:00:00 GMT On October 27, 2009, the staff of the Division of Corporation Finance (“Staff”) of the U.S. Securities and Exchange Commission (“SEC”) issued Staff Legal Bulletin No. 14E, which provides guidance about how the Staff will consider under the SEC’s proxy rules shareholder proposals relating to risk issues or to CEO succession planning. http://www.haynesboone.com/SEC_to_Allow_More_Shareholder_Proposals Publication 6f5820c4-6760-4dc1-8c75-7578bb47b7f5 Thu, 12 Nov 2009 00:00:00 GMT On November 6, 2009, the Worker, Homeownership, and Business Assistance Act of 2009 (H.R. 3548) (the “Act”) was signed into law. The Act provides taxpayers (including corporate and non-corporate taxpayers) with a special election to carry back net operating loss (“NOL”) deductions for up to 5 years, rather than 2 years, as generally is permitted. http://www.haynesboone.com/Special_New_Tax_Election Publication ea4579ff-3ce7-42f2-ab1c-c5cbbd18b57e Wed, 11 Nov 2009 00:00:00 GMT Can an employer modify or terminate the medical benefits of retired employees? The answer depends on the language in the employer’s medical benefit plan. A recent federal court ruling highlights the importance of medical benefit plans unambiguously reserving the right to modify or terminate plan benefits. Without this language, an employer makes itself vulnerable to “he said/she said” disputes in which retirees claim that their former managers promised the retirees that their medical benefits would remain unchanged through retirement. http://www.haynesboone.com/Clear_Reservation_of_Rights_Saves_Company Publication 38c29a30-67bf-4696-a026-7c39e97ddef5 Mon, 09 Nov 2009 00:00:00 GMT Currently, only taxpayers with modified adjusted gross income of $100,000 or less (who are not married filing separately) may convert a traditional IRA to a Roth IRA. Beginning January 1, 2010, the $100,000 limitation will be eliminated, and all taxpayers (including married taxpayers filing a separate return) may make such a conversion. http://www.haynesboone.com/2010_Traditional_IRA_to_Roth Publication 02595580-a4a4-4fd7-8890-fd707ef9c403 Tue, 03 Nov 2009 00:00:00 GMT On October 2, 2009, the U.S. Securities and Exchange Commission (the “SEC”) extended by six months the compliance date for non-accelerated filers to provide in their annual reports on Form 10-K an auditor attestation report on internal control over financial reporting. http://www.haynesboone.com/Additional_Extension_of_Compliance_Date Publication ff7cfcc8-5c32-461d-84fc-8826a16e2d7e Mon, 02 Nov 2009 00:00:00 GMT The U.S. Securities and Exchange Commission (the “SEC”) recently said that it will delay until 2010 its vote on amendments, proposed earlier this year, to facilitate shareholders’ rights to nominate directors. As a result, it is unlikely any of the proposed amendments will apply during the beginning of the 2010 proxy season. http://www.haynesboone.com/SEC_Delays_Until_2010_Proposed_Amendments Publication 77979a88-8a35-4c37-940a-6c344666c9f7 Fri, 30 Oct 2009 00:00:00 GMT With nine weeks left in 2009, the fate of the federal estate tax remains unsettled. If Congress does not act before 2010, the estate tax will be repealed for one year (the gift tax continues in effect with the current $1,000,000 exemption), then the estate tax will be restored on January 1, 2011 with a $1,000,000 per taxpayer exemption and a top marginal rate of 55% (except for estates between $10,000,000 and about $20,000,000, with a top marginal rate of 60%). http://www.haynesboone.com/Estate_Tax_Uncertainty_Continues Publication 55222c01-8a38-49f5-9264-23265a304a31 Thu, 29 Oct 2009 00:00:00 GMT In Notice 2009-82, the IRS announced that plan sponsors must make decisions relating to the waiver of 2009 required minimum distributions (“RMDs”) for defined contribution plans, such as 401(k) plans, by November 30, 2009. http://www.haynesboone.com/IRS_Guidance_Waiving_2009_RMDs Publication dac04b80-eb90-4401-8f18-f2ce547d2ca3 Wed, 28 Oct 2009 00:00:00 GMT This alert provides updated information on requirements for 2009 required minimum distributions (RMDs) from IRAs and qualified defined contribution plans, including 401(k) plans. http://www.haynesboone.com/Rollovers_of_2009_Required_Minimum_Distributions Publication fcaabbdd-bb8d-4fb8-b880-303cde1f3aa3 Tue, 27 Oct 2009 00:00:00 GMT The judge's ruling in the October 13, 2009 TOUSA, Inc. bankruptcy cases raises a number of troubling issues for commercial lenders, including but not limited to, the judge calling into question the enforceability of fraudulent conveyance “savings clauses,” common in commercial loan agreements. http://www.haynesboone.com/Fraudulent_Transfer_Issues Publication cfdbe561-2aa3-4a36-b170-6aa409cca9ca Wed, 21 Oct 2009 00:00:00 GMT Last week the IRS released final regulations covering most aspects of the minimum funding requirements and funding-based benefit restrictions imposed on single-employer defined benefit plans by the Pension Protection Act of 2006. These regulations generally apply for plan years beginning on or after January 1, 2010, but can be relied upon before that date. Some plan sponsors may need to take immediate action in light of the regulations. http://www.haynesboone.com/irs_regulations_defined_benefit_plan_funding_requirements Publication 54b7e8d6-a20f-4c06-b028-0fca0b8c30bc Tue, 13 Oct 2009 00:00:00 GMT On October 7, 2009, U.S. Energy Secretary Steven Chu announced that the Department of Energy (“DOE”) will make a long-anticipated fundamental change in the administration of the Section 1705 loan guarantee program. The 1705 program is designed to accelerate the development of conventional renewable energy generation projects. The fundamental change will expedite the processing of loan guarantee applications. http://www.haynesboone.com/DOE_Private_Sector_Renewables_Loan_Guarantee_Program Publication 1c7fba50-3f59-4290-adf6-709bd36db696 Mon, 12 Oct 2009 00:00:00 GMT The U.S. Patent and Trademark Office (“PTO”) has announced that the director has signed a Final Rule, which has not yet been published, that rescinds the hotly contested proposed claims and continuation rules. These rules would primarily have limited the number of patent applicant filings of: (i) continuation applications, (ii) Requests for Continued Examination (“RCEs”), and (iii) claims without examination support documents (“ESDs”) within a single application. The proposed rules were at the heart of a two-year legal battle that pitted co-plaintiffs Triantafyllos Tafas and GlaxoSmithKline (“GSK”) against the PTO and its director. http://www.haynesboone.com/PTO_rulemaking_authority_claims_continuations_rules Publication 4a1f5ebb-e331-4459-a126-c94800fbcdc0 Mon, 12 Oct 2009 00:00:00 GMT A recent decision from the Occupational Safety and Health Review Commission provides employers who must log workplace injuries and report workplace fatalities some latitude as to when an injury or fatality is “work-related.”  http://www.haynesboone.com/Recent_Case_Dismissal_Challenges_Geographic_Presumption Publication 47bcceae-fe53-40df-829d-4f837d371dfa Fri, 09 Oct 2009 00:00:00 GMT The IP Beacon is a quarterly newsletter prepared by the Haynes and Boone Intellectual Property Practice to inform clients and friends of trends and changes in intellectual property law. http://www.haynesboone.com/The_IP_Beacon_October_2009 Publication 5bc5e1fd-b408-43ea-8f6a-8df7cbf5902e Fri, 02 Oct 2009 00:00:00 GMT In a case that may prove to be as serendipitous for struggling software companies as anything else, the United States Court of Appeals for the Sixth Circuit wrote another chapter in the law of unintended consequences with its ruling in Cincom Systems, Inc. v. Novelis Corp. (published September 25, 2009 pursuant to Sixth Circuit Rule 206: File Name: 09a0346p.06). http://www.haynesboone.com/Software_Licenses_Permission_vs_Forgiveness Publication d9219b09-a069-4bb8-956c-4271b9428666 Thu, 01 Oct 2009 00:00:00 GMT Effective September 1, 2009, the State of New York changed the requirements regarding Powers of Attorney executed by individuals in New York. As currently written, the changes affect Powers of Attorney obtained by corporations, trusts, joint ventures, partnerships, limited liability companies, and other types of entities from their corporate officers. It does not affect Powers of Attorney executed by entities such as corporations, trusts, joint ventures, partnerships or limited liability companies. http://www.haynesboone.com/NY_Changes_Power_of_Attorney_Law Publication 2315cfd6-acb9-473b-b080-9365b967a532 Fri, 25 Sep 2009 00:00:00 GMT This alert updates our August alert regarding the recently enacted New York law that imposes reporting obligations on franchisors. We want to remind you that if you have one or more franchisees in New York and have not yet requested an automatic extension of time to file an information return, you must do so immediately. http://www.haynesboone.com/New_York_Franchise_Tax_Reporting_Extension_Requests Publication c542e421-b3f0-4648-b130-61cf6e376fb6 Fri, 25 Sep 2009 00:00:00 GMT On September 22, 2009, EPA released its final rules for the reporting of greenhouse gas (GHG) emissions, impacting a wide range of businesses. The importance of these reporting requirements is enhanced because of the likelihood that either Congress will adopt a cap and trade GHG reduction program, EPA will move to regulate GHG under the existing federal Clean Air Act, or both. http://www.haynesboone.com/EPA_Releases_Final_Rules Publication 3f704e26-a431-4cc4-9deb-b1bf9dfea6e5 Wed, 23 Sep 2009 00:00:00 GMT The Department of Health and Human Services (“HHS”) recently issued an interim final rule (the “Rule”) under the Health Information Technology for Economic and Clinical Health (“HITECH”) Act explaining the notification requirements for breaches of protected health information that has not been encrypted or destroyed (“Unsecured PHI”). Employer-sponsored health plans should immediately review and revise their HIPAA privacy policies and procedures to ensure that they adequately address the Rule’s requirements for investigating and reporting breaches of Unsecured PHI. The new requirements are effective for breaches occurring on or after September 23, 2009. http://www.haynesboone.com/New_Health_Plan_Privacy_HITECH Publication 85bdd860-0933-4e4d-8226-96bc0840d38c Fri, 18 Sep 2009 00:00:00 GMT In a widely publicized announcement, EPA is proposing to formally disapprove certain aspects of the air quality permitting of the Texas Commission on Environmental Quality (“TCEQ”). If adopted, the EPA proposal could have significant ramifications for companies that have relied upon those aspects of the Texas program that provide flexibility for making changes at existing plants without the need for amending existing permits. http://www.haynesboone.com/EPA_Proposes_Disapproval_of_Certain_Texas Publication 9fb520f6-fdd7-4e47-ad12-fb9fc6c77a24 Fri, 11 Sep 2009 00:00:00 GMT