BNA INSIGHTS: Inequitable Conduct: The Defense of Last Resort, by Judge Susan G. Braden, of the U.S. Court of Federal Claims

On Nov. 9, the U.S. Court of Appeals for the Federal Circuit en banc heard oral argument in Therasense Inc. v. Becton, Dickinson & Co., No. 2008-1511 (Fed. Cir., hearing Nov. 9, 2010) (81 PTCJ 47, 11/12/10), to settle, or more accurately re-settle, the substantive parameters of the doctrine of…

D.C. Appeals Court Rejects Challenge to EPA Mandates for Renewable Fuels

WASHINGTON, D.C.—The U.S. Court of Appeals for the District of Columbia Circuit Dec. 21 rejected a challenge by two petroleum industry associations to Environmental Protection Agency requirements for blending renewable fuels, such as ethanol, in transportation fuels…

House Passes Scaled-Back Bill for Energy Research, Clearing Way for President’s Signature

WASHINGTON, D.C.—The House voted Dec. 21 to approve a slimmed-down version of legislation (H.R. 5116) authorizing research programs within the Department of Energy, clearing the way for…

EPA Postpones Deadline for Submitting Data for Tallying Greenhouse Gas Emissions

WASHINGTON, D.C.—The Environmental Protection Agency announced Dec. 20 that it is postponing until Aug. 31 the deadline for facilities to submit certain data used to calculate their 2010 greenhouse gas emissions so that it can…

Justice Department Secures Record $7.2 Billion for Madoff Victims

NEW YORK—The Justice Department announced Dec. 17 that the estate of an alleged beneficiary of Bernard Madoff’s massive Ponzi scheme will forfeit more than $7.2 billion to resolve possible government civil claims against the…

Bankers Blast Fed’s Debit Card Proposal, Say New Rate Structure Would Ignore True Costs

The Federal Reserve Board Dec. 16 asked for comments by Feb. 22 on proposed rules to govern network routing and interchange fees on debit cards, but said provisions on a so-called fraud adjustment charge will take…

Capital Proposals Would Mean Separate Systems, Higher Trading Costs for Larger Bank Firms

Federal bank regulators Dec. 14 asked for comment on two proposals aimed at reshaping capital standards for large banks—one that would set a new floor for risk-based capital requirements, and another aimed at…

BNA INSIGHTS: The Need for the Legal Department to Get Schooled on Technology

Results of a recent survey of corporate counsel and IT in the United States reveal that corporate lawyers remain alarmingly ill-informed about steps necessary to protect organizations from rapidly escalating risk and cost in preparing for and responding to requests for electronically stored information (ESI)…

Bill to Ban Web Credit ‘Data Pass’ Clears House, Heads to President

The House Dec. 15 cleared a bill that would ban online firms from passing a purchaser’s credit card and other personal data to third parties that charge new “post-transaction” unauthorized purchases to the consumers…

Commerce Department Report Calls for New Office to Set Online Privacy Codes of Conduct

The Department of Commerce Dec. 16 released an online privacy report calling for a new office within the department to lead the development of self-regulatory privacy “codes of conduct” for U.S. businesses…

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