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Mike Scarcella

Mike Scarcella

Mike Scarcella is a senior editor in Washington on ALM Media's regulatory desk. Contact him at [email protected]. On Twitter: @MikeScarcella. Mike works on a slate of newsletters: Supreme Court Brief | Higher Law | Compliance Hot Spots | Labor of Law.

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December 15, 2016 | National Law Journal

D.C. Circuit Refuses to Block Labor Dept.'s New Retirement-Savings Rules

The D.C. Circuit on Thursday refused to block Obama administration regulations that were adopted to minimize conflicts of interest in the retirement-investment industry, a significant setback for financial planners, insurance agents and other advisers who said the rule will disrupt the marketplace.

By Melanie Waddell and Mike Scarcella

13 minute read

December 09, 2016 | National Law Journal

Contender to Lead CFTC Pitches 'Do No Harm' Approach to Fintech

J. Christopher Giancarlo, a contender to head the Commodity Futures Trading Commission, on Friday presented his vision for a "forward-looking" agenda at the agency, including greater U.S. regulatory promotion of financial technology.

By Rebekah Mintzer and Mike Scarcella

11 minute read

December 06, 2016 | The Legal Intelligencer

Whistleblowers Win Key Ruling as Justices Reject Insurer's Case

Supreme Court: Violating the FCA's seal provision doesn't automatically require dismissal of complaint.

By Mike Scarcella

13 minute read

December 06, 2016 | National Law Journal

Whistleblowers Win Key Ruling as Justices Reject Insurer's Case

The U.S. Supreme Court on Tuesday handed a big win to whistleblowers, ruling that a violation of the federal False Claims Act's secrecy requirement doesn't automatically mean a complaint should be dismissed. The unanimous ruling, delivered by Justice Anthony Kennedy, upheld a decision by the U.S. Court of Appeals for the Fifth Circuit.

By Mike Scarcella

12 minute read

December 05, 2016 | National Law Journal

DC Circuit Pauses Health Care Funding Case, a Win for House GOP

A federal appeals court on Monday granted a request from U.S. House Republicans to pause their lawsuit that challenges how the Obama administration funded an insurance subsidy program of the Affordable Care Act. The House had asked the U.S. Court of Appeals for the D.C. Circuit to freeze the litigation to allow Donald Trump's Justice Department to re-evaluate whether to settle or withdraw the case.

By Mike Scarcella

6 minute read

November 30, 2016 | National Law Journal

Annuities Group, Fearing 'Chaos,' Urges DC Circuit to Freeze Fiduciary Rule

A financial industry trade association that lost its challenge to Obama administration regulations that confront conflicts of interest in the retirement-advice market is renewing its push to stop the rules from taking effect next April. The National Association for Fixed Annuities asked the D.C. Circuit to stay the compliance date "to alleviate what can only be described as chaos" in the market for fixed annuities.

By Mike Scarcella

10 minute read

November 22, 2016 | National Law Journal

House Republicans Ask D.C. Circuit to Pause Health Care Case

U.S. House Republicans on Monday asked a federal appeals court to pause a dispute over funding for the Obama administration's signature health care law, arguing that the Trump administration should be given a chance to settle or dismiss the case.

By Mike Scarcella

6 minute read

October 23, 2016 | Corporate Counsel

Court Urged to Reject 'Blanket Sealing' of Monitor's Report in HSBC Case

The Second Circuit case tests the secrecy of compliance reports.

By Mike Scarcella

12 minute read

October 21, 2016 | National Law Journal

Court Urged to Reject 'Blanket Sealing' of Monitor's Report in HSBC Case

A federal appeals court was urged Thursday to allow the public to read a 1,000-page report from the compliance monitor who is overseeing a deferred-prosecution agreement between HSBC Bank USA and the U.S. Justice Department. Prosecutors and lawyers for the bank are fighting in the U.S. Court of Appeals for the Second Circuit to overturn a judge's unsealing order.

By Mike Scarcella

14 minute read

September 07, 2016 | Corporate Counsel

Top Aetna, Humana In-House Lawyers Restricted in Antitrust Case

Four in-house lawyers at Aetna Inc. and Humana Inc. will not be permitted to review designated confidential information as the insurance companies build their case against allegations that their proposed $37 billion merger would harm consumers.

By Mike Scarcella

9 minute read