Daily Report for Executives Index-Summary

DEBT

See also BANKRUPTCY
– Accounting transparency, IASB seeks comments on changes to debt instrument disclosure standards, 248:I–2 (12/29/08)
– Bad debts, bank losses

See BANKING

– Bond issues

See BONDS, EXEMPT

– Collection, Academy Collection Service to pay $2.25M for allegedly engaging in unfair and deceptive practices (D. Nev.), 226:A–9 (11/24/08)
– Conduit financing arrangements, IRS clarifies regulations on recharcterizing multiple-party transactions, 245:G–2 (12/22/08); text of REG-113462-08, 245:L–1 (12/22/08)
– Consolidated groups, IRS unveils final rules on obligations between members, 248:G–1 (12/29/08); text of TD 9442, 248:L–36 (12/29/08)
– Contingent payment debt instruments denominated in nonfunctional currency, IRS seeks comment on REG-106486-98, 231:G–2 (12/2/08)
– Convertible debt, FASB controversial staff position on convertible instruments settled in cash effective Dec. 16, 238:G–13 (12/11/08)
– Financial instruments with equity traits

– – FASB tentatively decides issues regarding perpetual instruments, equity derivatives, 225:G–4 (11/21/08)
– – IASB reaches tentative position on debt-equity split accounting, 227:I–1 (11/25/08)
– – Impairment caused by liquidity, credit, reporting models discussed at SEC roundtable, 226:G–3 (11/24/08); impairment tops concerns of participants at IASB-FASB roundtable, 226:I–4 (11/24/08); FASB votes to simplify impairment accounting, 241:G–6 (12/16/08); FASB adds short-term projects on impairment, 244:G–4 (12/19/08); FASB seeks comments by Dec. 30 on impairment model, 246:G–1 (12/23/08)

– Foreign subsidiary loans

See CONTROLLED FOREIGN CORPORATIONS (CFCs)

– Inflation-adjusted amounts given for §1274A debt instruments, 229:G–1 (11/28/08); text of Rev. Rul., 229:TaxCore (11/28/08)
– Mortgages

See MORTGAGES

– Original issue discount, IRS issues advance release OID tables for 2008, 233:G–7 (12/4/08); tables, 233:TaxCore (12/4/08)
– Partnership debt for equity exchanges, IRS proposes favorable treatment, 211:G–1 (10/31/08); text of REG-164370-05, hearing notice, 211:L–3 (10/31/08)
– Push down debt accounting should be reflected in all acquisitions, SEC fellow says, 237:G–5 (12/10/08)
– S corporation debt

See S CORPORATIONS

– Securities lending defaults

See FINANCIAL INDUSTRY STABILIZATION

DEDUCTIONS

– Bad debts, bank losses

See BANKING

– Business expenses

See TRADE OR BUSINESS EXPENSES

– Cap on executive compensation and bonuses

See EXECUTIVE COMPENSATION

– Charitable donations

See CHARITABLE CONTRIBUTIONS

– Domestic production activities

See DOMESTIC PRODUCTION DEDUCTION

– Health coverage

See HEALTH INSURANCE

– Higher education expenses

See COLLEGES AND UNIVERSITIES

– Horse breeding not for profit, deducted losses improper (8th Cir.), 199:K–2 (10/15/08); decision text, 199:TaxCore (10/15/08)
– HSA contributions

See HEALTH SAVINGS ACCOUNTS (HSAs)

– Investment advisory fees

See TRUSTS

– Pension plan contributions

See PENSIONS

– Sales taxes

See LEGISLATION, FEDERAL, HR 1424*, HR 7308

– Standard deduction, IRS announces increases in 2009 for inflation, 201:G–1 (10/17/08); news release, 201:TaxCore (10/17/08); Rev. Proc. 2008-66, 201:TaxCore (10/17/08)
– Standard mileage rates

See TRADE OR BUSINESS EXPENSES

– Teacher's classroom expenses

See EDUCATION

– Tuition expenses

See COLLEGES AND UNIVERSITIES

DEFENSE DEPARTMENT (DOD)

– Authorization for FY2009

See LEGISLATION, FEDERAL, S 3001*

– Navy's use of mid-frequency active sonar in training exercises off Southern Cal. coast (U.S., oral arg), 196:A–20 (10/9/08); naval interests outweigh whale protection (judg rvs), 219:A–40 (11/13/08); Navy settles suit, agrees to fund research on whales (C.D. Cal.), 249:A–19 (12/30/08)
– Secretary, Pres.-elect Obama (D-Ill) announces Gates will continue to serve, 231:AA–1 (12/2/08)

DEFERRED COMPENSATION

See also 401(k) PLANS; 403(b) PLANS
– Benefit and contribution limits for qualified plans in 2009 announced, 201:G–5 (10/17/08); text of Notice 2008-102, 204:TaxCore (10/22/08)
– Nonqualified plans

– – Annotated §409A rules updated through Sept. 2008, 196:G–7 (10/9/08); update through Nov. issued, 245:G–7 (12/22/08); text of annotated TD 9321, 245:TaxCore (12/22/08)
– – Discriminatory payments, exemptions, COBRA discussed by ABA panel on benefits, 209:G–4 (10/29/08)
– – Final §409A rules, IRS corrects TD 9321, 194:G–6 (10/7/08); correcting amendment, 194:TaxCore (10/7/08); IRS issues minor correction, 205:G–7 (10/23/08); correction to correcting amendment, 205:TaxCore (10/23/08)
– – Guidance under §409A and 457A, IRS senior counsel fields questions during ALI-ABA audioconference, 211:G–8 (10/31/08); Treasury benefits counsel discusses application of rules, 219:G–3 (11/13/08); IRS counsel discusses §457(f), 414(d) guidance, 219:G–6 (11/13/08); Treasury benefits counsel notes broad implications of §457A, 228:G–7 (11/26/08)
– – Income inclusion rules for noncompliant plans under §409A proposed, 235:GG–1 (12/8/08); text of REG-148326-05, 235:L–1 (12/8/08)
– – N.Y. bar seeks 2009 relief for §409A good faith compliance, 223:G–7 (11/19/08); NYSBA tax section letter, 223:TaxCore (11/19/08)
– – Noncompliance with §409A, rules for expatriates, Treasury official provides guidance update, 220:G–2 (11/14/08); income inclusion rules imminent, Treasury official says, 228:G–7 (11/26/08); IRS expands corrections program, seeks comments on relief for document failures, 235:GG–2 (12/8/08); Notice 2008-113, 235:TaxCore (12/8/08); IRS senior counsel signals no delay for compliance, limited resources will prohibit PLR program, 238:G–11 (12/11/08)
– – Reporting waived for 2008, year-end issues addressed in Web forum, 211:G–6 (10/31/08); Treasury benefits counsel says §409A rules take effect Jan. 1, 219:G–3 (11/13/08); interim guidance issued on 2008 reporting and withholding requirements, 238:G–2 (12/11/08); IRS Notice 2008-115, 238:TaxCore (12/11/08)
– – Tex. bar seeks 2009 relief for §409A documentary compliance deadline, 232:G–2 (12/3/08); tax section letter, 232:TaxCore (12/3/08)
– – Uncertainties implementing §409A, ABA panel discusses issues with Treasury benefits counsel Morrison, 226:G–5 (11/24/08)

– Offshore arrangements

See EXECUTIVE COMPENSATION; LEGISLATION, FEDERAL, HR 1424*

– Salary reduction agreements, Univ. of Chicago must pay FICA taxes on payments (7th Cir.), 210:K–1 (10/30/08); decision text, 210:TaxCore (10/30/08)

DELAWARE

– Air pollution, environmental regulators ask EPA to act immediately to require emissions reductions from power plants in 9 upwind states that are impairing state's ability to meet federal air quality standards, 242:A–11 (12/17/08)
– Financial institution bailout, state impacts, BNA Analysis & Perspective, 219:J–1 (11/13/08)
– Ford sales to independent dealerships, imposition of unapportioned wholesaler's tax upheld (Del.), 239:K–1 (12/12/08); decision text, 239:TaxCore (12/12/08)

DENMARK

– Business meals, ECJ ruling may trigger VAT refunds, 239:I–3 (12/12/08)
– High-income earners, left-leaning opposition bloc offers conditional support for tax cuts, 230:I–1 (12/1/08)
– Motor vehicles, plan to revise taxation combines VAT cut, green driving charge, 238:I–3 (12/11/08)
– Offshore havens, tax official confirms talks with 3 Caribbean nations, 215:I–3 (11/6/08)
– Pensions and Social Security, tax treaty with U.S. becomes effective, 202:I–1 (10/20/08)
– Property bond adjustment offers relief for pension funds, statistics show, 234:I–2 (12/5/08)
– Tax avoidance, critics blast tax agency for 60 percent spike in national tax arrears, 229:I–1 (11/28/08)
– Tax legislation outlined, ministry confirms changes on interest deductions, 199:I–2 (10/15/08); special pension levy dropped as economy cools, 204:I–2 (10/22/08)

DEPENDENTS

See CHILDREN

DEPRECIATION

– Bonus alternative, IRS to issue guidance in Oct. on electing to accelerate AMT, research credits, 196:G–2 (10/9/08); text of notice, 196:TaxCore (10/9/08); IRS releases guidance, 198:G–4 (10/14/08); text of Rev. Proc. 2008-65, 198:TaxCore (10/14/08); IRS gives information on publishing Rev. Proc., 199:G–9 (10/15/08); E&Y practitioner says guidance clarifies election, 200:G–4 (10/16/08); Treasury hopes to release next guidance by year end, 211:G–8 (10/31/08); IRS posts information on calculating AMT, research credits, 230:G–3 (12/1/08)
– Bonus extension

See LEGISLATION, FEDERAL, HR 6382, S 3689

– Consolidated group, court rules on refund claim for 1986 (N.D. Ill.), 247:K–1 (12/24/08); decision text, 247:TaxCore (12/24/08)
– Pipeline, ruling on owner's calculation overturned (N.M. Ct. App.), 214:K–1 (11/5/08); decision text, 214:TaxCore (11/5/08)
– State treatment of federal bonus claims

See specific states

DERIVATIVES

– Accounting

– – Embedded derivatives

– – – CDOs, FASB staff to propose project, 237:G–12 (12/10/08)
– – – FASB ratifies EITF agreement on settlement based on entity's subsidiary stock, 227:G–2 (11/25/08); EITF issue effective Dec. 16, 238:G–13 (12/11/08)
– – – IASB agrees to clarify accounting treatment, 242:I–3 (12/17/08); IASB seeks comment on emergency amendment to IAS 39, 246:I–2 (12/23/08)
– – – Reclassification discussed at IASB-FASB roundtable, 226:I–4 (11/24/08)

– – EU carve-out, IASB bows to EU threat on IAS 39, 199:I–4 (10/15/08); Tweedie says IASB faced Catch-22 on EU-requested changes, 219:I–4 (11/13/08); EC asks IASB to allow reclassification of more financial instruments, 220:I–1 (11/14/08); drive for accounting convergence impacted by EU demands, 222:I–2 (11/18/08)
– – FASB tentatively decides equity derivatives issue, 225:G–4 (11/21/08)
– – IASB to clarify effective interest rate, rethink derivative definition, 201:I–5 (10/17/08); Chrm. Tweedie says IASB “had to act” on reclassifying securities due to pending legislation, 205:I–5 (10/23/08); former SEC chief accountant Turner fears IASB actions may slow U.S. move to IFRS, 209:I–1 (10/29/08)
– – Inactive markets, IFRIC declines to write IAS 39 guidance on credit, liquidity, 219:I–2 (11/13/08)

– Bank trusts composed of mortgage-based financial derivatives, Prudential can go forward with lawsuit alleging State Street Bank and Trust breached fiduciary duties in managing (S.D.N.Y.), 191:A–5 (10/2/08)
– Banks' credit risk in derivatives activities, net current credit exposure increased $30B or 7 percent during third quarter of 2008 to $435B, OCC report, 249:A–12 (12/30/08)
– Credit default swaps

– – Clearing by central party, CFTC and SEC in talks with Fed, other public institutions and private sector, 200:A–25 (10/16/08); N.Y. FRBank in contact with 4 companies or groups of firms interested in creating central clearinghouse, 212:A–26 (11/3/08); group of large OTC market participants renew pledge to establish clearinghouse, 213:A–21 (11/4/08); SEC's Sirri says clearinghouse will help, but may need legislative backing, 213:A–26 (11/4/08); SEC staff at work on plan to create clearinghouse, 214:A–15 (11/5/08); firms waiting for regulatory approval to launch central counterparties, 217:A–21 (11/10/08); President's Working Group on Financial Markets announces new policy objectives aimed at creation of central counterparties, 221:A–24 (11/17/08); members of House Agriculture Comm. question whether Fed and SEC have experience to regulate central clearinghouses, 225:A–26 (11/21/08); N.Y. State Banking Dep't approves application from Intercontinental-Exchange to launch clearinghouse, Fed approval remains, 234:A–13 (12/5/08); House Agriculture Comm. Chrm. Peterson (D-Minn) cites concerns with Fed's role in regulating clearing, 236:A–30 (12/9/08); CFTC's Chilton urges Congress to give agency oversight of clearing in effort to “provide legal certainty” to financial sector, 240:A–22 (12/15/08); CFTC announces that Chicago Mercantile Exchange has certified plans to provide clearing services, 247:A–18 (12/24/08); NYSE Euronext reports clearinghouse for European CDS indices transactions, 247:A–18 (12/24/08)
– – Collins (R-Me) introduces bill to institute reporting requirements for CDS, 223:A–14 (11/19/08)
– – House Financial Services Comm. ranking member Bachus (R-Ala) asks Chrm. Frank (D-Mass) to hold hearing on growth of derivatives, including credit default swaps, and their role in capital markets, 243:A–23 (12/18/08)
– – Lehman Brothers' contracts, anxious markets plunge over fears of major writedowns, as regulators and market participants move toward central clearinghouse, 198:A–15 (10/14/08)
– – Regulation, N.Y. State Insurance Dep't Superintendent Dinallo suspends plan, citing private sector efforts to enhance transparency and mitigate risk, 240:A–26 (12/15/08)
– – Rural electric cooperative ordered to file $130M bond to pay insurer when ratings of swap issuer drop (S.D. Ind.), 240:K–2 (12/15/08); decision text, 240:TaxCore (12/15/08)
– – SEC Chrm. Cox identifies plans by agency to increase transparency, but reiterates that Congress must quickly authorize oversight of unregulated market, 196:A–25 (10/9/08); correction, 197:A–32 (10/10/08); Cox criticized at House oversight panel hearing for lack of action, 206:A–28 (10/24/08)
– – Senate Agriculture Comm. Chrm. Harkin (D-Iowa) to explore influence of swaps and derivatives on financial markets, as well as adequacy of federal regulatory safeguards, 197:A–21 (10/10/08); Harkin says he is prepared to legislate CFTC oversight, 199:A–23 (10/15/08); Harkin hopes to introduce bill to add more transparency and integrity, 218:A–14 (11/12/08)
– – State, federal, and foreign governments push for regulation of estimated $60T market as congressional leaders and Bush admin. urge sweeping regulatory reform, 190:B–1 (10/1/08)
– – Treasury and IRS mull tax treatment, officials say, 225:G–8 (11/21/08); Treasury lacks clear policies on tax treatment of CDS owned by nondealers, former official says, 240:G–3 (12/15/08)
– – Volume of CDS contracts traded worldwide declined in first half of 2008, Bank for Intl. Settlements says in latest semiannual report on OTC derivatives trading, 219:A–2 (11/13/08)

– House Financial Services Comm. ranking member Bachus (R-Ala) asks Chrm. Frank (D-Mass) to hold hearing on growth of derivatives, including credit default swaps, and their role in capital markets, 243:A–23 (12/18/08)
– Interest rate swap futures contracts, CFTC seeks comment on petition by Intl. Derivatives Clearinghouse for registration as derivatives clearing organization specialist, 191:A–24 (10/2/08)
– Regulation

– – European Comm'n to draw up regulatory proposals by end of 2008, Internal Market Comm'r McCreevy says, 203:A–4 (10/21/08)
– – Futures industry groups want FTC to refrain from adopting oversight, 198:A–17 (10/14/08)
– – Markey (D-Mass) reintroduces fourth version of bill to improve, 195:A–29 (10/8/08)

– Short-swing profits, CSX and 2 activist hedge funds settle derivative action (S.D.N.Y.), 244:A–26 (12/19/08)

DEVELOPING COUNTRIES

– Climate change

– – Insurance against climate change-related weather risks in developing countries, EC become first donor to international fund, 233:A–6 (12/4/08)
– – Investment Funds, World Bank's role in advancing large fossil fuel projects makes it poor choice for administering, critics say, 196:A–22 (10/9/08); Bank establishes first committees for overseeing and implementing program, 202:A–18 (10/20/08)
– – Methane capture grant program, EPA awards $4.5M for projects in a dozen countries, 198:A–4 (10/14/08)
– – Targets should be adopted to reduce emissions in post-2012 period, but only with strategies in place to spur economic growth and alleviate poverty, UN Sec'y-Gen. Ban says, 239:A–13 (12/12/08)
– – UN member countries to work to increase transfers of energy efficient and other “green” technologies to developing world at high-level conference in Beijing, 218:A–8 (11/12/08)

– Export of electronic waste to developing nations, House Energy and Commerce Com. investigating EPA's regulation, 224:A–16 (11/20/08)
– Global financial crisis

– – Export growth expected slow to 4.5 percent in 2009, from 6.3 percent in 2008, World Bank report, 237:EE–3 (12/10/08)
– – IMF's Strauss-Kahn says developing countries will not forget they carried weight of world economy while industrialized powers grew “close to zero,” 198:A–12 (10/14/08); IMF's Lipsky warns crisis spreading to emerging markets, capital flows at risk, 209:A–16 (10/29/08); Japan to pledge $108B in loans at G-20 summit, 220:A–3 (11/14/08)
– – OECD member countries pledge to maintain aid to developing countries in face of crisis, 229:A–2 (11/28/08)
– – Private capital flows to developing countries expected to fall sharply in 2009 as result of ongoing economic downturn, World Bank official says, 230:A–2 (12/1/08)
– – Trade financing, Brazil calls on members of WTO to examine facilitation for developing countries, 195:A–3 (10/8/08); WTO Dir.-Gen. Lamy calls for special summit on trade financing, 198:A–2 (10/14/08)
– – U.S. commitment to developing countries undeterred by crisis, Bush says, 204:A–21 (10/22/08)
– – World Bank Pres. Zoellick says developing countries take “triple hit” from combined shock of rising fuel and food prices and financial crisis, 197:A–20 (10/10/08); Bank to lend $100B over 3 years, 219:A–5 (11/13/08); Japan to invest $2B in World Bank fund, 221:A–8 (11/17/08)

– Millennium Challenge Corp.

– – Colombia, Indonesia, and Zambia added to list of eligible countries to apply for grants, 240:A–16 (12/15/08)
– – Nicaragua, MCC to re-evaluate its $175M grant in aftermath of municipal elections that raise questions about government's commitment to democracy, 228:A–22 (11/26/08); MCC suspends assistance to Nicaragua because of allegations of fraud in elections, 240:A–16 (12/15/08)
– – Reducing poverty and improving food security, MCC to coordinate efforts with UN World Food Program, 235:A–21 (12/8/08)

– Renewable energy, World Bank financing totals $2.68B in FY2008, 193:A–9 (10/6/08)
– Vatican urges countries to link tax policy to economic development, 242:I–4 (12/17/08)
– World Bank and IMF reform endorsed to increase developing country role in decisionmaking, 232:A–15 (12/3/08)

DHS

See HOMELAND SECURITY DEPARTMENT (DHS)

DISABLED PERSONS

– Per diem payments qualify as wages for calculating benefits under Longshore and Harbor Workers' Compensation Act (5th Cir.), 217:K–1 (11/10/08); decision text, 217:TaxCore (11/10/08)

DISASTER RELIEF

See also HURRICANES
– Housing credits, bonds, IRS provides disaster area population figures for Midwest and hurricane-affected states, 228:G–1 (11/26/08); text of Notice 2008-109, 228:TaxCore (11/26/08)
– Ill. storm victims, IRS announces taxpayer relief, 196:G–8 (10/9/08); news release, 196:TaxCore (10/9/08)
– Ind. storms and flooding, IRS announces taxpayer relief, 190:G–3 (10/1/08); news release, 190:TaxCore (10/1/08); more counties eligible for relief, 222:G–5 (11/18/08)
– Iowa and Wis., IRS seeks comment on 2 Notices, 196:G–7 (10/9/08)
– IRS adds counties, municipalities to list eligible for relief, 222:G–5 (11/18/08)
– IRS posts delegation order on authority for relief to taxpayers affected by disaster or terrorism, 241:G–4 (12/16/08); text, 241:TaxCore (12/16/08)
– Kan. issues guidance on new declared disaster capital investment credit, 192:H–1 (10/3/08)
– Mass. to give automatic extensions to taxpayers in presidential declared disaster areas, 199:H–1 (10/15/08)
– Midwest, severe weather

– – Cash contributions to relief efforts, new law makes some donations fully deductible, 228:G–10 (11/26/08); IRS news release, 228:TaxCore (11/26/08)
– – IRS details tax breaks in recent legislation, 249:G–6 (12/30/08); fact sheet, 249:TaxCore (12/30/08)

– Mo. storm victims, IRS postpones tax deadlines, 222:G–9 (11/18/08); news release, 222:TaxCore (11/18/08); Treasury asks OMB to review information collection activities on IRS emergency shelter notice, 228:G–4 (11/26/08); IRS adds counties to relief area, 236:G–11 (12/9/08)
– Puerto Rico, IRS extends filing, payment deadlines for victims of Oct. 1 storms, floods, 193:G–2 (10/6/08); IRS news release, 193:TaxCore (10/6/08); more municipalities eligible for relief, 222:G–5 (11/18/08)
– Tax relief varies by area, legislation, BNA Analysis & Perspective, 222:J–1 (11/18/08)
– Wildfires in Cal.

See CALIFORNIA

DISCRIMINATION

– Glove importer, Totes-Isotoner, alleging that tariff schedule discriminates on basis of gender, has 30 days to file amended complaint (Ct. Intl. Trade), 215:A–5 (11/6/08); company files notice of appeal (Fed. Cir.), 240:A–13 (12/15/08)

DISTRICT OF COLUMBIA

– Greenhouse gas emissions would fall 80 percent between 2005 and 2050 in Washington, D.C., metropolitan area, if region's many local governments adopt and execute plan approved by elected officials, 221:A–27 (11/17/08)
– Tax office fraud, final defendant pleads guilty (D. Md.), 196:K–1 (10/9/08); D.C. sues Bank of America (D.C. Super. Ct.), 212:K–6 (11/3/08)

DOCTORS

See PHYSICIANS

DOD

See DEFENSE DEPARTMENT (DOD)

DOE

See ENERGY DEPARTMENT (DOE)

DOJ

See JUSTICE DEPARTMENT (DOJ)

DOL

See LABOR DEPARTMENT (DOL)

DOMESTIC PRODUCTION DEDUCTION

– IRS seeks public comment on §199 rules, REG-105847-05, 231:G–2 (12/2/08)
– Oil industry

– – Deduction freeze

See LEGISLATION, FEDERAL, HR 1424*

– – Emergency Economic Stabilization Act, practitioners review impact of major tax changes on industry, 208:GG–1 (10/28/08)

– TV and film companies

See LEGISLATION, FEDERAL, HR 1424*

DOT

See TRANSPORTATION DEPARTMENT (DOT)

DRINKING WATER

– Cal. systems

See CALIFORNIA

– Dwindling source water supplies and aging infrastructure lead list of concerns for utility and industry professionals, report by American Water Works Ass'n says, 208:A–26 (10/28/08)
– Economic stimulus bill, drinking water utilities seek funding boost for infrastructure, 217:A–18 (11/10/08)
– Energy efficiency promotion and reduction of greenhouse gas emissions at utilities, EPA announces intra-agency agreement, 237:A–33 (12/10/08)
– Groundwater sources, public utilities that serve between 500 and 9,999 people will have more stringent requirements for monitoring certain toxic byproducts generated by treating water, under EPA rule, 226:A–23 (11/24/08)
– Infrastructure spending

See ECONOMIC STIMULUS PACKAGE

– Me. voters asked to approve $3.4M bond issue to support drinking water programs, 212:A–27 (11/3/08); bond issue approved, 215:B–5 (11/6/08)
– Organic compounds from pesticides to fragrances detected in 9 public sources in USGS study, 235:A–23 (12/8/08)
– Pa. officials urge voters to approve initiative that would authorize $400M for water and sewer infrastructure improvement projects, 212:A–8 (11/3/08); initiative approved, 215:B–8 (11/6/08)
– Perchlorates, EPA reaches “preliminary determination” not to regulate, 193:A–23 (10/6/08); final toxicological profile cites risks to fetuses and young children, 200:A–9 (10/16/08); EPA should set maximum contaminant level, advisory panel says, 206:A–25 (10/24/08); environmental and health advocates object to EPA finding, 207:A–19 (10/27/08); DOD denies responsibility for contamination, but analysts say military sites are source of most serious problems around country, 207:A–25 (10/27/08); correction to 207:A-19, 208:A–29 (10/28/08); correction to 206:A-25, 208:A–29 (10/28/08); EPA Science Advisory Bd. members express concern about agency's decisionmaking for perchlorate, 210:A–32 (10/30/08); EPA extends period for filing comments on decision not to regulate, 218:A–24 (11/12/08)
– Pesticides

– – Field studies as potential condition for registering a pesticide, EPA releases final guidance for conducting, 200:A–20 (10/16/08)
– – Some herbicide residues in groundwater declined between 1993 and 2003, U.S. Geological Survey finds, 203:A–29 (10/21/08)

– States should give information on federal compliance requirements to revolving fund recipients, EPA IG report says, 191:A–29 (10/2/08)
– Unregulated contaminants, EPA's process for developing list has improved but still lacks transparency, Science Advisory Bd. committee says in draft report, 195:A–35 (10/8/08)

DRUGS AND PHARMACEUTICALS

– Antidepressants, preemption guidelines clarification sought (U.S., rev sought), 196:A–8 (10/9/08)
– Antipsychotic drug Zyprexa, Eli Lilly to pay $62M to 32 states and D.C. to settle improper marketing allegations, 195:A–8 (10/8/08)
– Antitrust

– – Bristol-Myers Squibb to pay total of $1.1M to settle charges that it violated court orders in 2 earlier lawsuits involving generic versions of BuSpar and Taxol, 248:A–12 (12/29/08)
– – Ciprofloxacin hydrochloride antibiotic, effects of patentee Bayer's agreements with generic competitor, Barr Labs fall within patent's exclusionary zone (Fed. Cir.), 201:A–2 (10/17/08)
– – False average wholesale price publishing, Wis. Atty. Gen. Van Hollen reaches settlement with Amgen and Immunex (Wis. Cir. Ct.), 248:A–4 (12/29/08)
– – King Pharmaceuticals to divest rights to Kadian analgesic drug to complete proposed purchase of Alpharma, FTC announces, 250:A–6 (12/31/08)
– – NeoProfen heart defect treatment, FTC accuses Ovation Pharmaceuticals of unlawfully acquiring rights, thereby eliminating competition to similar drug it already owned, and then charging high prices for both (D. Minn.), 243:A–8 (12/18/08)
– – Teva Pharmaceutical Industries' acquisition of Barr Pharmaceuticals approved by FTC, 246:A–4 (12/23/08)

– Blood thinner heparin contamination, Barton (R-Tex) asks GAO for thorough review of FDA response, 224:A–3 (11/20/08)
– Clinical trials, fees paid to Indian firm not royalties under India-Canada tax treaty, 196:I–1 (10/9/08)
– Country-of-origin labeling

See LEGISLATION, FEDERAL, S 3633

– Debit card reimbursements, IRS extends deadline for drug store and pharmacy requirements, 234:G–2 (12/5/08); Notice 2008-104, 234:TaxCore (12/5/08)
– Direct-to-consumer advertising of prescription drugs, Dingell (D-Mich) and Stupak (D-Mich) question influence of industry on new FDA Web site, 199:A–1 (10/15/08); industry group issues new guidelines on rules, 238:A–2 (12/11/08)
– Epilepsy drugs, FDA to require manufacturers to add warning to prescribing information or labeling that use increases risk of suicidal thoughts and behavior, 243:A–4 (12/18/08)
– Expired over-the-counter medicines and other products, Rite Aid to pay $1M in civil penalties to settle investigation by N.Y. Atty. Gen. Cuomo, 234:A–17 (12/5/08)
– Financial relationships with doctors, MedPAC to recommend to Congress that drug and medical device makers as well as hospitals be required to publicly report details, 217:A–11 (11/10/08)
– Follow-on biologic (FOB) drugs, market might produce fewer discounts and smaller market share than generic market for conventional or small-molecule drugs, panelists at FTC roundtable say, 227:A–5 (11/25/08)
– Foreign drug inspection program of FDA needs better data management and more inspections, GAO report, 205:A–10 (10/23/08)
– Generics

– – European Union pharmaceutical companies use range of blocking tactics to delay entry of generic drugs onto market, EC says, 230:A–3 (12/1/08)
– – Public skepticism about effectiveness needs to be addressed by FDA and industry, FDA official says, 210:A–5 (10/30/08)
– – TriCor cholesterol-reducing drug, Abbott Labs to pay $184M to settle claims of delaying generic versions (D. Del.), 226:A–3 (11/24/08)

– Genetic testing, GINA rules

See HEALTH INSURANCE

– GlaxoSmithKline official discusses transfer pricing settlement with IRS, GSK commitment to remain in UK, 201:I–4 (10/17/08)
– Hazardous waste, EPA proposes rule to make it easier for generators to collect and properly dispose, 225:A–17 (11/21/08)
– Heparin blood-thinning drug, Barton (R-Tex) asks FDA Comm'r von Eschenbach why agency's reports on cause of death differed from reports of manufacturer American Pharmaceutical Partners, 242:A–1 (12/17/08)
– Multiple-source drug, CMS revises Medicaid final rule to alter definition, 195:A–15 (10/8/08)
– Off-label information about prescription drugs, Grassley (R-Iowa) asks pharmaceutical consulting company to describe its work in disseminating, 228:A–9 (11/26/08)
– Online pharmacy consumer protection

See LEGISLATION, FEDERAL, HR 6353*

– Pain medications Celebrex and Bextra, Pfizer agrees to pay $894M to resolve series of personal injury and consumer fraud lawsuits, 202:A–15 (10/20/08); state attorneys general confirm agreement, 205:A–8 (10/23/08)
– Patent legislation and trends affecting declaratory judgment jurisdiction in pharmaceutical cases examined by BNA conference panelists, 224:A–10 (11/20/08)
– Preemption of state law, Wyeth's failure-to-warn liability regarding Phenergan, FDA officials opposed drug-labeling regulatory changes, report reveals (U.S., oral arg), 210:A–14 (10/30/08); plaintiff's attorney urges consideration of congressional staff report, 211:A–15 (10/31/08); arguments heard about whether FDA approval of label preempts state tort claims, 213:A–25 (11/4/08)
– Privacy, N.H. law banning sale of prescription drug information identifying doctors upheld (1st Cir.), 223:A–17 (11/19/08)
– Safety of patients compromised because new drugs reviewed by regulatory agencies and then released onto market faster than ever before, study says, 233:A–5 (12/4/08)
– Vioxx prescription drug settlement, self-funded health plans cannot hold up $4.85 product liability agreement in attempt to ascertain whether they will have any subrogation rights (5th Cir.), 223:A–20 (11/19/08)