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Cybersecurity

Cybersecurity Update: SEC Announces Scrutiny For Investment Companies And Investment Advisers

The Securities and Exchange Commission (SEC) has announced that cybersecurity will be an area of regulatory focus during 2014. The National Exam Program (NEP) run by the SEC’s Office of Compliance Inspections and Examinations (OCIE) has included “information security” as an...

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Trusts & Estates

Estate Planning Opportunities For Same-Sex Couples UPDATE – IRS Adopts State Of Celebration Rule

This is an update to our recent firm Estates Advisory “Estate Planning Opportunities for Same-Sex Couples After DOMA.” The IRS has released guidance clarifying the federal tax implications of the U.S. Supreme Court decision in United States v. Windsor and resolving the question of...

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Healthcare | Life Sciences

Surviving An Audit By The Food And Drug Administration

An audit by the Food and Drug Administration (FDA) can prove intimidating and burdensome for any company. Audits may last for multiple days and be disruptive to a firm’s normal operating procedure. In a worst-case scenario, negative audit results may affect the viability of an entire...

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Litigation

Carrera v. Bayer Corp.: Why Forming A Class May Have Just Become More Difficult

A recent decision by the U.S. Court of Appeals for the Third Circuit may make it more difficult for plaintiffs to obtain class certification in Rule 23(b)(3) consumer class-action lawsuits where the matter involves disposable products not sold directly to the consumer and for which plaintiffs are...

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Nonprofit

Employee Or Volunteer? How Nonprofits Can Tell The Difference

Sixty-four and a half million people volunteered through or for an organization at least once between September 2011 and September 2012 according to the Bureau of Labor Statistics. Volunteers can be vital to a nonprofit organization and are frequently relied upon to help carry out the nonprofit...

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Nonprofit

Ten Things You Need to Know About Planned Charitable Giving

In the world of charitable fundraising, outright gifts of cash are the ideal form of charitable giving. They are simple, immediately accessible and fairly easy to administer. Unfortunately, many of the really big gifts to nonprofit organizations do not come as outright gifts of cash. Instead,...

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Litigation

Data Breach Claims: Lack Of Injury Means Lack Of Standing To Sue

Two recent federal court decisions follow a growing line of federal and state decisions dismissing tort and other claims in data breach cases on various grounds, including the notable challenge plaintiffs face in making out the element of injury to satisfy their pleaded claims. Most recently, on...

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