Daily Report for Executives Index-Summary

S CORPORATIONS

– Back-to-back loans, guidance project discussed at AICPA conference, 207:G–1 (10/29/09)
– Cancellation of debt income, final rules issued on attribute reduction, 208:G–1 (10/30/09); text of TD 9469, 208:L–1 (10/30/09)
– Late elections, IRS guidance on requesting relief received well, official says, 202:G–4 (10/22/09)

SARBANES-OXLEY ACT

– Internal controls

See CORPORATE GOVERNANCE

– PCAOB

See PUBLIC COMPANY ACCOUNTING OVERSIGHT BOARD (PCAOB)

SAVINGS AND LOAN ASSOCIATIONS (S&Ls)

– Failed thrift, award reduced by tax benefits, Winstar-related case (Fed. Cir.), 202:K–2 (10/22/09); decision text, 202:TaxCore (10/22/09)

SCHOOLS

See COLLEGES AND UNIVERSITIES; EDUCATION

SECURITIES

– Accounting issues

See ACCOUNTING

– Arbitration, FINRA expands pilot program, giving investors “all public” option, 191:EE–17 (10/6/09)
– Auction rate securities, JPMorgan Chase to offer buybacks worth $480M to Mich. customers, 194:EE–7 (10/9/09)
– Bonds

See BONDS, EXEMPT; BONDS, TAXABLE

– Broker basis reporting

See INFORMATION REPORTING

– “Clearly erroneous” trades, SEC approves proposals by several stock exchanges to adopt consistent standard for breaking, 191:EE–18 (10/6/09)
– Credit rating agencies

– – Common law claims against several Wall Street firms and rating agencies by institutional investors who lost money on highly rated notes issued by structured investment vehicle that collapsed dismissed (S.D.N.Y.), 201:EE–7 (10/21/09)
– – Moody's former managing director alleges that firm knowingly published inaccurate ratings for collateralized debt obligations backed by subprime loans, 188:EE–17 (10/1/09)
– – Registration's impact on competition, still too early to tell, SEC says, 192:EE–7 (10/7/09)
– – Tightening oversight, House Financial Services Comm. schedules markup of Kanjorski (D-Pa) draft bill, 202:EE–2 (10/22/09); Kanjorski views bill as only beginning, not end of reform, 204:EE–8 (10/26/09); further action, see LEGISLATION, FEDERAL, HR 3890

– Derivative contracts

See DERIVATIVES

– Disclosure regime, SEC Comm'r Paredes warns against mandating additional requirements, 205:EE–7 (10/27/09)
– Dividends, Citigroup Global Markets agrees to FINRA fine for tax avoiding equity hedge, 196:G–3 (10/14/09); IRS official notes scrutiny on “cross-in, cross-out” deals at conference, 197:G–3 (10/15/09)
– Enforcement actions

– – Ferris Baker Watts general counsel failed to supervise activities of stockbroker who was engaged in market manipulation scheme, 200:EE–10 (10/20/09)
– – Scottrade agrees to pay $600K fine by FINRA over anti-money laundering efforts, 205:EE–9 (10/27/09)

– Foreign Corrupt Practices Act violations, SEC official and practitioners encourage compliance measures and self-reporting, 203:EE–10 (10/23/09)
– Foreign investment in long-term securities, Aug., Treasury Intl. Capital (TIC) data, 199:EE–5 (10/19/09)
– Fraud

See SECURITIES FRAUD

– French market authority and FINRA agree to share surveillance information, 208:EE–3 (10/30/09)
– Insider trading

– – FDIC employee indicted on charge of disclosing confidential information about FDIC and customer of bank in receivership (D. Kan.), 195:EE–9 (10/13/09)
– – Galleon Management hedge fund and manager Rajaratnam, SEC ordered to prepare for April trial (S.D.N.Y.), 206:EE–10 (10/28/09)
– – Mamma.com stock sales, SEC announces appeal of case against professional basketball team owner Cuban (5th Cir.), 193:EE–8 (10/8/09)
– – Qwest Communications Intl. former CEO Nacchio, decision affirming conviction (U.S., rev den), 192:EE–6 (10/7/09)
– – Wall Street figures, SEC to announce more insider actions in coming months, enforcement official says, 200:EE–8 (10/20/09)

– Investment Adviser Registration Depository (IARD) system, NASAA to waive initial set-up and annual system fees to maintain, 196:EE–5 (10/14/09)
– Investor protection, Kanjorski (D-Pa) circulates draft bill, 189:EE–18 (10/2/09); lawmakers question whether bill proposes sufficiently aggressive approach, 192:EE–12 (10/7/09); further action, see LEGISLATION, FEDERAL, HR 3817
– Money laundering

See MONEY LAUNDERING

– Placement agents, commenters voice strong objections to SEC proposal to ban, 193:EE–3 (10/8/09)
– Private Fund Investment Advisers Registration Act, Kanjorski (D-Pa) circulates draft bill to require advisers to register with SEC, 189:EE–18 (10/2/09); correction, 190:EE–18 (10/5/09)
– Proxy materials, SEC proposes rule changes designed to improve implementation of notice and access model, 199:EE–5 (10/19/09)
– Regulated investment funds

See MUTUAL FUNDS

– Regulatory reform

– – Fed Chrm. Bernanke tells lawmakers central bank should share powers for overseeing systemic risk, 189:EE–17 (10/2/09); Bernanke calls for developing capital and prudential requirements for large, complex firms, 204:EE–5 (10/26/09)
– – Harmonizing industry rules and improved risk management practices call for by FINRA CEO Ketchum, 203:EE–7 (10/23/09)
– – House Financial Services Comm. aims for mid-Oct. vote on Consumer Financial Protection Agency, as rifts persist on preemption and new agency's authority, 188:EE–15 (10/1/09); further action, see LEGISLATION, FEDERAL, HR 3126
– – International cooperation noted, Fed and Treasury officials acknowledge that significant hurdles likely to remain in some key areas, 189:EE–8 (10/2/09); ending “too big to fail” takes global effort, Treasury Asst. Sec'y Barr says in outline of reforms, 189:EE–12 (10/2/09)
– – Natl. Economic Council Dir. Summers criticizes financial firms that are fighting federal efforts to institute new protections for consumers, 196:EE–2 (10/14/09); Summers provides checklist of essential components that should be included in plan, 199:EE–16 (10/19/09)
– – SEC Chrm. Schapiro targets dark pools and international financial reporting standards as rulemaking priorities, 194:EE–5 (10/9/09); Schapiro pushes for hybrid structure where one agency is charged with system risk regulation while oversight council identifies risks, 196:EE–9 (10/14/09); SEC to hold open meeting to consider proposals on dark pools, 197:EE–10 (10/15/09); some steps to address dark pool concerns could hurt large investors, SEC official says, 201:EE–8 (10/21/09); Schumer (D-NY) urges SEC to consider putting alternative trading (dark pools) into exchange-like regime, 201:EE–12 (10/21/09); SEC issues proposals on dark pools, expects to issue broad concept release soon, 202:EE–15 (10/22/09); as SEC prepares to consider dark pools, alternative venues tell Senate to step lightly, 207:EE–11 (10/29/09); Goldman Sachs defends dark pools, suggests limits for some market practices, 207:EE–16 (10/29/09)
– – Senate may vote on reform before Thanksgiving, Dodd (D-Conn) says, 192:EE–5 (10/7/09)
– – Too big to fail must stay “front and center” of reform, Fed's Tarullo says, 202:EE–13 (10/22/09); House Judiciary panel discusses bankruptcy and antitrust issues in too big to fail regime, 203:EE–12 (10/23/09); regulators taking their own steps to address systemic risk problems through existing powers, policy experts say, 204:EE–10 (10/26/09); House Financial Services Comm. and Treasury offer draft bill dealing with too-big-to-fail firms, 206:EE–13 (10/28/09); committee to hear testimony on crafting systemic risk legislation, 207:EE–13 (10/29/09); concerns emerge about unchecked powers and funding as Treasury Sec'y Geithner touts systemic risk plan, 208:EE–10 (10/30/09)
– – Treasury Sec'y Geithner calls for swift passage of reforms for U.S. and global financial systems, 189:EE–10 (10/2/09); Geithner discusses overarching themes of push for reform, 199:EE–16 (10/19/09)

– Retirement investments, disclosures, product development, and marketing issues will be areas of focus for SEC in 2010, Chrm. Schapiro says, 203:EE–11 (10/23/09)
– Russia limits overseas stock trading to no more than 25 percent of total shares, 193:EE–2 (10/8/09)
– Securitization markets, senators question industry experts on ways to reform and restart, 193:EE–6 (10/8/09)
– Self-trades, firms to experience added flexibility under FINRA rule changes, 204:EE–9 (10/26/09)
– Shareholder nominations of directors, SEC delaying vote on controversial proposal to facilitate, 190:EE–8 (10/5/09); Comm'r Walter tells securities attorneys that SEC “quite serious” about proposal, 190:EE–15 (10/5/09); shareholder empowerment would not lead to improved governance, report concludes, 201:EE–13 (10/21/09)
– Shareholder proposals on risks, SEC Division of Corporation Finance issues new guidance on excluding, 206:EE–12 (10/28/09)
– Short sales

– – Data now electronically available on website, FINRA announces, 189:EE–15 (10/2/09)
– – Disclosure from brokers that lend securities for short selling sought by Hoyer (D-Md), 202:EE–8 (10/22/09)

– Supreme Court reviews denied, 191:EE–13 (10/6/09)
– Trade Compliance and Reporting Engine (TRACE) should be expanded to include all asset-backed securities, FINRA proposes, 189:EE–7 (10/2/09)

SECURITIES AND EXCHANGE COMMISSION (SEC)

– Agenda, Chrm. Schapiro says agency will push for new rules, enhanced scrutiny of financial products, and comprehensive legislative package to enhance investor confidence and market stability, 206:EE–11 (10/28/09)
– Chief Accountant Kroeker focuses on IFRS road map, convergence, and independence issues, Interview, 200:J–1 (10/20/09)
– Draft strategic plan for FY2010 to FY2015 issued for public comment, 194:EE–8 (10/9/09)
– Investor Advisory Comm. meeting agenda discussed, 191:EE–19 (10/6/09)

SECURITIES FRAUD

– Auction rate securities settlements, FINRA warns investors of scam involving phony e-mails promising compensation in exchange for personal information, 191:EE–10 (10/6/09)
– Business development company investors, man charged by SEC with misappropriating $45M (D.N.M), 207:EE–12 (10/29/09)
– Common law claims against several Wall Street firms and rating agencies by institutional investors who lost money on highly rated notes issued by structured investment vehicle that collapsed dismissed (S.D.N.Y.), 201:EE–7 (10/21/09)
– Cooperation initiatives for individuals will not hinder DOJ ability to prosecute fraud cases, SEC and DOJ officials say, 198:EE–9 (10/16/09)
– Lawsuit filings increase in third quarter, but Madoff- and credit crisis-related filings decline, Advisen report says, 205:EE–10 (10/27/09)
– Merck disclosure problems related to drug Vioxx, Obama admin. sides with investors on timeliness of suit (U.S., brief filed), 208:EE–6 (10/30/09)
– Moody's former managing director alleges that firm knowingly published inaccurate ratings for collateralized debt obligations backed by subprime loans, 188:EE–17 (10/1/09)
– National Australia Bank shares, SEC and Solicitor General urge against review of claims brought by foreign buyers (U.S., brief filed), 208:EE–8 (10/30/09)
– Ponzi schemes

– – HomePals Investment Club and 3 individuals charged by SEC with targeting Haitian-Americans in scheme (S.D. Fla.), 199:EE–11 (10/19/09)
– – Madoff scheme, Securities Investor Protection Corp. commits over $500M in advances to customers, 207:EE–10 (10/29/09)
– – MxFactors official gets 100-year prison sentence (C.D. Cal.), 195:EE–7 (10/13/09)
– – Stanford Financial Group, FINRA says internal audit report shows NASD could have detected scheme as early as 2003, but failed to effectively pursue complaints, 190:EE–7 (10/5/09); SEC IG reopens review into handling of investigation, 198:EE–8 (10/16/09)
– – State treatment of losses

See specific states

– SEC regional directors says examiners warier and less patient when firms slow to produce documents in wake of Madoff Ponzi scheme, 193:EE–6 (10/8/09)
– Senior citizens, federal and state regulators must collaborate to prevent targeted fraud, panelists say, 204:EE–10 (10/26/09)
– Stifel Nicolaus & Co. charged with marketing auction rate securities as safe, liquid, short-term investments, 189:EE–11 (10/2/09)

SHIPS AND SHIPPING

– Air pollution

– – Diesel emissions projects at Ports of Long Beach and Los Angeles to get $26.6M in stimulus funding, 189:A–16 (10/2/09); Port of Long Beach settles trucking industry's lawsuit challenging clean-truck program (C.D. Cal.), 202:A–13 (10/22/09)
– – R.I. shipbuilding and repair company, Southeastern New England Shipbuilding, to pay $224K to resolve state and federal air violations, EPA announces, 197:A–9 (10/15/09)
– – Tighter limits on emissions from oceangoing vessels, Alaska and Great Lakes shipping interests seek exclusions, 192:A–18 (10/7/09); advisory committee endorses call for EPA to issue rules without exemptions, 193:A–36 (10/8/09); states ask Feinstein (D-Cal) not to exempt ships in domestic waters from limits, 202:A–36 (10/22/09)

– Hazardous waste, European Union environment ministers approve adoption of Intl. Maritime Org. convention on shipbreaking, 202:A–7 (10/22/09)
– International tax on airlines, maritime transport proposed at UN climate change talks, 192:I–2 (10/7/09)
– Port security costs, French Senate bill would tax commercial traffic, 201:I–4 (10/21/09)
– Water pollution

– – Oil pollution from bilge water, Coast Guard updating regulations on equipment that must be installed to minimize, 195:A–16 (10/13/09)
– – Panamanian ship operator, Styga Compania Naviera, fined $1.25M for concealing oil pollution discharges (S.D. Tex.), 204:A–19 (10/26/09)

SMALL BUSINESSES

– Capital access increase

See LEGISLATION, FEDERAL, HR 3723, HR 3737, HR 3854

– Capital formation, SEC releases agenda for government-business forum, 207:EE–15 (10/29/09)
– CIT Group, leading provider of financing to small businesses and middle market companies, begins capital restructuring, 190:EE–13 (10/5/09)
– Economic recovery, groups push for extenders, ARRA tax incentives to continue past 2009, House hearing, 188:G–4 (10/1/09); prepared statements, 188:TaxCore (10/1/09); senior House Dems, Obama support extension, expansion of NOL carryback, 202:G–8 (10/22/09)
– Health care reform

See HEALTH CARE REFORM

– International trade, USTR Kirk asks ITC for report to better understand how small and medium-sized businesses exporting in effort to focus assistance, 191:A–13 (10/6/09)
– Losses reported by sole proprietors, GAO says IRS should improve estimates of noncompliance, 196:G–2 (10/14/09)
– Retirement plans

– – Combined features under §414(x), IRS seeks comment on plans with auto-enrollment feature, strong vesting, 194:G–11 (10/9/09)
– – IRS creates web-based plan navigator to help business owners select plan, maintain compliance, 196:G–6 (10/14/09)

– Sarbanes-Oxley compliance

See CORPORATE GOVERNANCE

– Single-owner disregarded entities, IRS corrects rules on treatment as corporations for excise and employment tax purposes, 196:G–6 (10/14/09)
– Sole proprietor exams, accuracy-related penalty applied inconsistently, TIGTA says, 197:G–2 (10/15/09)
– Tax compliance

– – Economic downturn spurred change in SBSE operations, Comm'r Wagner says, 208:G–1 (10/30/09)
– – Losses reported by sole proprietors, GAO says IRS should improve estimates of noncompliance, 196:G–2 (10/14/09)

– Veteran-owned franchises

See LEGISLATION, FEDERAL, HR 2672

SOCIAL SECURITY

– Cost of living adjustment unlikely, SSA actuary tells congressional staff, admin. officials, 188:G–8 (10/1/09); SSA fact sheet, 198:TaxCore (10/16/09)
– Economic recovery payments of $250, administration proposal moving forward, 197:G–16 (10/15/09)
– “Fleeing felons” benefits denial class, $500M settlement approved (N.D. Cal.), 194:A–19 (10/9/09)
– Stopping decrease in Social Security checks because of Medicare Part B premium increase

See LEGISLATION, FEDERAL, HR 3631

SOCIAL SECURITY ADMINISTRATION (SSA)

– Blahous will be nominated as trustee, 197:G–18 (10/15/09)

SOFTWARE

– Accounting for sales, FASB issues new guidance on revenue recognition, multiple deliverables, 194:G–3 (10/9/09)
– Antitrust, EU regulator agrees to market test Microsoft proposal to give consumers ballot screen browser choice, 193:A–4 (10/8/09)
– Fictitious licensing agreements, SEC sues software executive for claiming in revenue scam (M.D. Fla.), 188:K–2 (10/1/09)
– Patent infringement, $388M jury award against Microsoft vacated (D.R.I.), 189:A–4 (10/2/09)
– Peer-to-peer file-sharing software privacy and security risk protection

See LEGISLATION, FEDERAL, HR 1319

– Tax software products, industry representatives back IRS push for oversight under preparer rules, 188:G–10 (10/1/09)

SOLAR ENERGY

See RENEWABLE ENERGY

SOUTH AFRICA

– African Growth and Opportunity Act (AGOA)

See AFRICA

– Ferrochrome producers lobby South African government for chromite ore export limits to China, 205:A–3 (10/27/09)
– Iran sanctions from U.S., South Africa's largest industrial company, Sasol, expresses fears because of its business activities with Iran, 197:A–2 (10/15/09)

SOUTH DAKOTA

– Gas tax hike proposed by legislative interim committee, 198:H–3 (10/16/09)
– Relief organizations' sales tax exemptions, governor calls for review, 189:H–2 (10/2/09)

SOUTH KOREA

– Diamond saw blades, Commerce Dep't ordered to issue antidumping duty orders and to begin collecting duties (Ct. Intl. Trade), 190:A–11 (10/5/09)
– European Comm'n commits to sign off on free trade agreement, 193:A–3 (10/8/09); EU and South Korea sign FTA, 198:A–14 (10/16/09); Korean officials say U.S. goods would be at major disadvantage without U.S. FTA, 198:A–29 (10/16/09); USTR comparison of Korea-EU FTA to U.S.-Korea pact shows differences, 201:A–4 (10/21/09)
– Lithium-ion batteries, Korea to allow U.S. and foreign labs, as well as Korean labs, to test for compliance with Korean safety regulations, USTR announces, 190:A–10 (10/5/09)
– Productivity, U.S. and South Korea manufacturers tie for first place in growth in 2008, topping competitors in 15 other industrialized countries, BLS report, 203:EE–6 (10/23/09)
– USTR putting together package of proposals for pending free trade agreement that it hopes will address concerns of U.S. stakeholders, including automakers, 198:A–4 (10/16/09); USTR comparison of Korea-EU FTA to U.S.-Korea pact shows differences, 201:A–4 (10/21/09)

SPAIN

– Cabinet votes to alter VAT, nonresident income tax, 191:I–2 (10/6/09)
– Climate change, IEA says Spain needs to substantially boost efforts to reduce carbon dioxide emissions in transportation and power sectors to meet goals, 192:A–20 (10/7/09)
– Corporate exit tax, European Comm'n files legal challenge, 195:I–1 (10/13/09)
– Goodwill, European Comm'n orders Spain to end corporate tax break for foreign investments, 207:I–2 (10/29/09)

SPECIAL REPORTS

– Climate change, EPA regulations could be less burdensome that cap-and-trade bill, analysts say, 208:C–1 (10/30/09)
– Commercial real estate loans, most underwritten by federally insured and well-supervised depository institutions, 191:C–1 (10/6/09)
– Health care reform

– – Employer mandates criticized, as opponents and supporters question congressional proposals, 194:C–1 (10/9/09)
– – Individual insurance mandate raises constitutional concerns, critics say, 189:C–1 (10/2/09)

– Intellectual property pending Supreme Court cases discussed, 188:C–1 (10/1/09)
– Monetary policy, declining use of Fed loans and liquidity provisions signals improved economy, 195:C–1 (10/13/09)
– Troubled Asset Relief Program (TARP), one year later program viewed as success in aiding recovery effort, 190:C–1 (10/5/09)

SRI LANKA

– U.S. and Sri Lanka officials meet to assess progress on Trade and Investment Framework Agreement, 199:A–5 (10/19/09)

STATE AND LOCAL GOVERNMENT

– Build America Bond program

See BONDS, TAXABLE

– Economic development incentives

See COMMUNITY DEVELOPMENT

– Infrastructure, state and local project implementation will increasingly be focused in shorter term on successfully delivering small, “transformational” projects, specialists say at conference, 204:A–27 (10/26/09)
– Transportation, states facing highway funding cuts as Senate Environment and Public Works Comm. works toward offset deal, 188:A–31 (10/1/09)
– Unemployment

See UNEMPLOYMENT INSURANCE

STATE TAX DEVELOPMENTS

– Ed. Note: This heading covers issues affecting many states. For entries on specific state taxes, see specific state headings.
– Cigarettes

See TOBACCO INDUSTRY

– Communications services

See TELECOMMUNICATIONS

– Film production credits

See MOTION PICTURES

– Offshore havens, states take variety of approaches in wake of federal disclosure program, BNA Analysis & Perspective, 194:J–1 (10/9/09)
– Property taxes highest in N.Y. and N.J., census data show La. taxes lowest, 208:H–1 (10/30/09)
– Revenues plummet for second quarter of 2009, Rockefeller Inst. report, 198:H–2 (10/16/09)
– Sales taxes

– – Highest combined state, local tax rates, Tax Found. issues report, 199:H–1 (10/19/09)
– – Multistate simplification project

See ELECTRONIC COMMERCE

STEEL INDUSTRY

– Imports, Sept., Census Bureau report, 206:A–4 (10/28/09)

STOCK OPTION BACKDATING

– Broadcom CFO's statements to attorneys can be used in trial (9th Cir.), 189:K–2 (10/2/09)

STOCK OPTIONS

– Cost sharing with affiliate, Xilinx appeal

See TRANSFER PRICING

– ITA Software former executive did not forfeit his right to exercise his options to purchase more than 100,000 shares of provider's stock after employer terminated (7th Cir.), 207:EE–6 (10/29/09)

SUPERFUND

– National Priorities List

– – Fort Meade site, Md. voluntarily withdraws lawsuit against Dep't of Army, ending long-running dispute over cleanup (D. Md.), 206:A–15 (10/28/09)
– – Motorola 52nd Street site in Phoenix, Honeywell and Arizona Public Service agree to pay $1.5M to fund study of cleanup options, 198:A–30 (10/16/09)
– – Portland Harbor site in Or., massive EPA draft study says PCBs most significant and widespread chemicals posing risks to humans and wildlife along lower Willamette River, 208:A–8 (10/30/09)

– Negotiating settlements with responsible parties, EPA revises procedures and schedule for regional offices, 193:A–35 (10/8/09)
– Palos Verdes Shelf site in Cal., EPA announces $50M cleanup plan, 191:A–29 (10/6/09)
– Toxicological profiles of substances found at sites, Agency for Toxic Substances and Disease Registry seeks research findings and proposals for health effects of 6 substances, 205:A–18 (10/27/09)
– West Valley site, N.Y. state and federal government settle federal lawsuit over allocation of costs for cleaning up radioactive waste (W.D.N.Y.), 207:A–26 (10/29/09)

SUPREME COURT, U.S.

– Accounting oversight, investor group's brief counters view that PCAOB stands on unconstitutional ground, 203:K–2 (10/23/09)
– Biotechnology, Monsanto, Forage Genetics Intl., and 2 farmers seek review of decision that bars Roundup Ready alfalfa (rev sought), 206:A–19 (10/28/09)
– Consumer protection reviews denied, 191:A–23 (10/6/09)
– Enron executive Skilling's fraud conviction (rev grant), 196:K–1 (10/14/09)
– Environment, Fla. beach erosion control plan constitutes illegal taking of private property (oral arg), 201:A–14 (10/21/09)
– Health care arbitration, physician not entitled to modification of amount of damages he was awarded (rev den), 191:A–1 (10/6/09)
– Health care reform, San Francisco's play-or-pay plan (solicitor general's brief invited), 191:EE–14 (10/6/09)
– Health insurance

– – Arbitration agreement to resolve denial of benefits disputes (rev den), 191:EE–8 (10/6/09)
– – Denial of coverage, Federal Employees Health Benefits Act completely preempts state law claims (rev grant), 196:A–26 (10/14/09)
– – Disclosure of internal guidelines that plan's claims administrator used in denying coverage (rev den), 191:EE–9 (10/6/09)
– – Physician failed to properly allege that United Healthcare violated RICO by mailing fraudulent explanations of benefits (rev den), 191:A–4 (10/6/09); 191:EE–12 (10/6/09)

– Intellectual property

– – Nursing garment cited as “flash of genius” in petition challenging obviousness judgment (rev sought), 188:A–3 (10/1/09)
– – Pending cases discussed, BNA Special Report, 188:C–1 (10/1/09)
– – Reviews denied, 192:A–6 (10/7/09)
– – Unregistered works, court struggles to distinguish “mandatory” from “jurisdictional” in interpreting §411(a) (oral arg), 194:A–2 (10/9/09)

– Life insurance breach of fiduciary duties, estate of deceased plan participant has no remedy (rev den), 191:EE–10 (10/6/09)
– Motor vehicle product safety and liability, seat belt preemption case involving Mazda, Solicitor General input sought (brief invited), 191:A–9 (10/6/09)
– Ohio's natural gas tax scheme, suppliers appeal 6th Cir. decision (rev sought), 190:K–1 (10/5/09)
– Oil and gas

– – Royalty case involving Kerr-McGee (rev den), 191:A–21 (10/6/09)
– – Spill involving Exxon Valdez, Sea Hawk Seafoods' appeal to win additional payments (rev den), 191:A–18 (10/6/09)

– Pesticides

– – Clean Water Act pollution discharge permits, CropLife America to seek review of ruling on exemptions (rev sought), 197:A–26 (10/15/09)
– – Dibromochloropropane (DBCP) exposure, mass tort jurisdiction over hundreds of West African fruit workers suing U.S. companies (rev den), 191:A–15 (10/6/09)

– Product safety and liability reviews denied, 191:A–9 (10/6/09)
– Satellite TV, federal law preempts local taxes on providers, Ky. ruling one of 2 appeals (rev sought), 199:K–3 (10/19/09)
– Securities

– – Fraud

– – – Merck disclosure problems related to drug Vioxx, Obama admin. sides with investors on timeliness of suit (brief filed), 208:EE–6 (10/30/09)
– – – National Australia Bank shares, SEC and Solicitor General urge against review of claims brought by foreign buyers (brief filed), 208:EE–8 (10/30/09)

– – Insider trading, decision affirming conviction of former Qwest Communications Intl. CEO Nacchio (rev den), 192:EE–6 (10/7/09)
– – Reviews denied, 191:EE–13 (10/6/09)

– Tax docket includes RICO's application in cigarette tax case, patent law challenge, BNA Analysis & Perspective, 190:J–1 (10/5/09)
– Tax reviews denied, list, 191:K–2 (10/6/09); 196:K–1 (10/14/09); 201:K–1 (10/21/09)

SWEDEN

– Climate change, Sweden plans to abolish carbon dioxide tax on fuel for firms subject to EU emissions trading system, 193:I–1 (10/8/09)

SWITZERLAND

– Bank secrecy, many bank and fund managers predicts negative impact from easing secrecy, survey, 198:I–1 (10/16/09)
– Financial sector, government approves regulator plan to strengthen oversight, 189:EE–5 (10/2/09)
– UBS former banker Birkenfeld seeks whistleblower award from IRS, attorney says, 199:K–1 (10/19/09); government oversight groups seek review of Birkenfeld's sentence, oppose claim for whistleblower award, 203:K–4 (10/23/09); letter to Atty. Gen. Holder, 203:TaxCore (10/23/09)
– U.S. tax evasion

– – Accountant who plead guilty in June to hiding assets in UBS, government requests reduced sentence (S.D. Fla.), 204:K–2 (10/26/09); government motion, 204:TaxCore (10/26/09); accountant sentenced to probation, 208:K–2 (10/30/09)
– – Boeing former sales manager pleads guilty to hiding assets at UBS (W.D. Wash.), 191:K–1 (10/6/09); plea agreement, 191:TaxCore (10/6/09)
– – Cal. man with UBS account pleads guilty to tax charge for not filing FBAR (C.D. Cal.), 202:K–1 (10/22/09)