In Itochu Corporation v Johann MK Blumenthal GMBH [2012] EWCA Civ 996 the Court of Appeal refused to grant permission to appeal an order granted by Mr Justice Andrew Smith that a sole arbitrator be appointed in an arbitration between the applicants, Itochu Corporation (Itochu) and the respondents, Johann MK Blumenthal GMBH (Johann). …
Read More UK: Court of Appeal Rules on Scope of Appeals Under S18 of the Arbitration Act

October 10, 2012
Edwards Wildman Palmer LLP
225 West Wacker Drive, Suite 3000
Chicago, Illinois  60606

Edwards Wildman Speakers:  Chris Finney, Thomas F. Bush, Neil R. (“Nick”) Pearson, Theodore P. Augustinos, Brian J. Green, Brent R. Austin, Patrick J. Gennardo…
Read More Half-Day Insurance and Reinsurance Seminar

HEALTHCARE HEARINGS SCHEDULED AS CONGRESSIONAL RECESS ENDS
Congress’s annual August recess ended today and both House and Senate groups have scheduled hearings this week relating to implementation of the Patient Protection and Affordable Care Act (PPACA). …
Read More Healthcare Update: Healthcare Hearings Scheduled as Congressional Recess Ends

CMS RELEASES MEANINGFUL USE STAGE 2 FINAL RULE
On August 23, the Centers for Medicare & Medicaid Services (CMS) released a final rule outlining the Stage 2 criteria for the Medicare and Medicaid Electronic Health Record (EHR) Incentive Programs. Eligible professionals (EPs), eligible hospitals, and critical access hospitals (CAHs) must meet these requirements to receive EHR incentive payments. CMS issued a fact sheet on the rule. …
Read More Healthcare Update: CMS Releases Meaningful Use Stage 2 Final Rule; Medicare to Pay Bonuses to Primary Care Physicians; ICD-10 Delayed One Year; States Receive New HHS Grants for Healthcare Exchanges

This updates our June 12, 2012 blog posting.

The California State Legislature has unanimously passed SB 1216 and SB 1448, both of which follow model laws recently put forth by the National Association of Insurance Commissioners (“NAIC”). …
Read More UPDATE: California State Legislature Approves NAIC Model Laws Regarding Enterprise Risk and Collateral Reduction for Alien Reinsurers; Bills with Governor for Signature

The Supreme Court may hear arguments this fall regarding whether former plan beneficiaries can bring ERISA claims against the plan’s investment adviser without pre-suit demands, and whether those same parties can bring claims under Sections 47(b) of the Investment Company Act. …
Read More Supreme Court Petitioned to Hear Appeal of 401(k) Fee Suit Involving Insurers’ ERISA Plans

The U.S. District Court for the Southern District of New York recently dismissed most of the claims in the long-running litigation over transfer agent fees collected on the Smith Barney family of funds.  See In re Smith Barney Transfer Agent Litig., No. 05 Civ. 7583 (WHP) (decision available here). …
Read More Transfer Agent Fee Litigation Saga (Almost) Comes to an End

In Faraday Reinsurance Co Ltd v Howden North America Inc & Anor [2012] EWCA Civ 980, the Court of Appeal ruled that the judge at first instance, Judge Beatson, was entitled to conclude that English proceedings would serve a useful purpose when he refused to set aside a service out of the jurisdiction of negative declaratory proceedings by Faraday against Howden. …
Read More UK: Court of Appeal Affirms Decision to Refuse to Set Aside Service Out of Jurisdiction