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Attorney	Latest Publications
Anders Aannestad	America Invents Act Updates Take Final Form In a last-minute decision for the 112th Congress, the House of Representatives approved an America Invents Act (AIA) technical-revisions bill as amended by the Senate (H.R. 6621) on January 1, 2013. President Obama is expected…more America Invents Act, Derivation Proceeding, First-to-Invent, Inter Partes Review Proceedings, Patent Term Adjustment	See All Updates »
Ellen Adler	Jury Buys Plaintiff’s Argument That Drug Manufacturer Should Have Distributed Dear Doctor Letter Sooner, Without Prior FDA Approval Dear Doctor letters were front and center in the just-tried case of Tietz v. Abbott Laboratories, Inc., et al., No. 12-L-002715. On Thursday, May 9, 2013, a Chicago jury returned a $2.2 million verdict in favor of the plaintiff…more Abbott Laboratories, Dear Doctor Letters, Drug Manufacturers, Failure To Warn, FDA	See All Updates »
Michael J. Agoglia	Financial Services Report - Spring 2013 Editor’s Note - This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or…more Arbitration, Barack Obama, CFPB, China, Credit Reports	See All Updates »
Alexis Amezcua	Is the FTC Decision in POM Wonderful a Game Changer? Only Time (and a Pending Appeal) Will Tell The saga of POM Wonderful, and the ongoing fight over its advertising, is a topic we have covered quite a bit on this blog. While the consumer class action involving POM was recently dismissed, a recent decision by the Federal…more Advertising, Class Action, Efficacy Claims, FTC, Marketing	See All Updates »
Aaron Archer	Partial offers -- Time for a revival? Although partial offers are not particularly common, with only a handful made in the past several years, in some circumstances, they could be an attractive option for companies to consider. One of the most recent was the hostile…more Consent, EU, London Stock Exchange, Partial Offers, Regulation	See All Updates »
Luke T. Bagley	Investment Management Legal + Regulatory Update -- May 2013 In This Issue: Regulatory Updates - SEC Allows Limited Use of Social Media for Public Disclosure; Federal Reserve Board Publishes a Final Rule Specifying when Nonbank Firms are “Predominantly Engaged in Financial…more Broker-Dealer, Custody Rule, ETFs, Federal Reserve, Final Rules	See All Updates »
Amanda Bakale	Socially Aware: The Social Media Law Update -- Volume 4, Issue 1 -- January/February 2013 In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we explore the challenges that arise when employers and employees battle over work-related social media accounts; we…more Browser History Sniffing, Communications Decency Act, Copyright, Data Collection, Facebook	See All Updates »
Open Weaver Banks	MoFo New York Tax Insights - Volume 4, Issue 5 - May 2013 In This Issue: New York Enacts Significant Changes to Related Member Royalty Add-Back Law; Nuclear Power Plant That Produces Steam and Water to Generate Electricity Not Eligible for Investment Tax Credit; Appellate…more Add-Back Legislation, Andrew Cuomo, Fraud, Insurers, Investment Tax Credits	See All Updates »
Lawrence Bard	SEC Approves New Compensation Committee and Adviser Independence Listing Standards As discussed in two previous Client Alerts, on June 20, 2012, the U.S. Securities and Exchange Commission (the “SEC”) adopted Rule 10C-1 to implement the provisions of the Dodd-Frank Wall Street Reform and Consumer Protection…more Compensation Committee, Disclosure Requirements, Dodd-Frank, Independence Rules, Listing Standards	See All Updates »
Jay G. Baris	The European Alternative Investment Fund Managers Directive—a non-EU Fund Manager’s Perspective Introduction - The European Member States must implement the Directive on Alternative Investment Fund Managers (the “AIFMD”), which came into force on July 21, 2011, into their national laws by July 22, 2013. Once the…more AIFM, AIFMD, Disclosure Requirements, EU, Investment Funds	See All Updates »
Alexandra Steinberg Barrage	Dodd-Frank Implementation: Navigating the Road Ahead Table of Contents: Introduction; Financial Stability Reform; Resolution Planning; Agencies and Agency Oversight Reform; Securitization Reform; Derivatives Regulation; Investor Protection Reform; Credit Rating Agency Reform;…more Capital Requirements, CFPB, Corporate Governance, Credit Ratings, Derivatives	See All Updates »
Jason Bartlett	Figuring FRAND In our December post “A FRANDlier Realm” we discussed emerging law relating to patents that are essential to technological standards, like 3G wireless telecommunications. What happens when patent owners and product makers cannot…more FRAND, Patents, Royalties	See All Updates »
Panagiotis Bayz	New HSR Filing Thresholds for 2013 On January 10, 2013, the U.S. Federal Trade Commission, the agency charged with administering the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”), as amended, and its filing requirements, announced the…more Exemptions, FTC, Hart-Scott-Rodino Act, Notifications, Pre-Merger Filing Requirements	See All Updates »
Melissa D. Beck	Bright Outlook for Covered Bonds This year has proven to be an interesting one for the covered bond market, and we anticipate that 2013 will bring many important new developments. During 2012, the covered bond market continued to provide attractive financing…more Bonds, Covered Bonds, EU, Foreign Banks, SEC	See All Updates »
James Beha	Recent Decisions Show Courts Closely Scrutinizing Fee Awards in M&A Litigation Settlements Shareholder class and derivative suits quickly follow virtually every significant merger announcement. The vast majority of those suits that are not dismissed settle quickly, with the defendant corporation typically agreeing to…more Attorney's Fees, Derivative Suit, Fees, Settlement, Shareholder Litigation	See All Updates »
Jeffery Bell	The Acquisition Of Control Of A United States Public Company Introduction - An acquisition of any U.S. corporation involves numerous legal and business issues. This memorandum addresses the principal legal issues involved in acquiring control of U.S. corporations whose shares are…more	See All Updates »
Bradley Berman	Structured Thoughts -- Volume 4, Issue 8 -- May 15, 2013 In This Issue: Due Diligence Procedures for Structured Note Distributors; Key Issues for Yankee CDs; The SEC and FINRA: Protect Your Elders; The FSOC’s 2013 Annual Report: Increasing Exchange-Traded Product Activity; and…more Broker-Dealer, Due Diligence, Elder Issues, FINRA, FSOC	See All Updates »
Stephen Birkett	Hong Kong Capital Markets Quarterly News -- April 2013 In This Issue: Major Publications and Decisions; New Listing Decisions; New Guidance Letters; Enforcement News; and Regulatory Watch. - Excerpt from Major Publications and Decisions: Chain principle offer…more Capital Markets, China, Listing Standards	See All Updates »
Timothy Blakely	China’s Renewed Focus on Anti-Corruption Efforts Highlighted by a New Interpretation on Criminal Offense of Paying Bribes In the three months since the Communist Party of China (the “CPC”) convened its 18th National Congress in November 2012, the CPC’s new leaders, including newly appointed CPC General Secretary and China’s incoming president Xi…more Anti-Corruption, Bribery, China, Chinese Communist Party, Conditional Gifts	See All Updates »
Steven J. Bleiberg	Investment Management Legal + Regulatory Update -- December 2012 In This Issue: Regulatory Updates - FSOC, FSB Turn Up Heat on SEC on Money Market Fund Reforms; SEC Staff: Beware of BDC Joint Transactions; SEC Reports 3,000 Whistles Blown in FYI 2012; Over 1500 Private Fund Advisers…more CFTC, CPO, FSB, FSOC, FX Forwards	See All Updates »
Gabriel Bloch	Chinese Ministry of Industry and Information Technology Issues Draft Provisions Governing Protection of Personal Information As we reported in our client alert on January 23, 2013, the Standing Committee of the National People’s Congress issued a Decision on Reinforcing the Protection of Network Information on December 28, 2012. To implement this…more China, Data Protection, Penalties, Personally Identifiable Information	See All Updates »
James Boddy	Comcast Corp. v. Behrend: Supreme Court Reinforces Dukes -- Holds that Class Certification Requires Merits Assessment of Damages Claims Yesterday, in Comcast Corp. v. Behrend, 569 U.S. __ (2013), the Supreme Court strongly reinforced its earlier decision in Wal Mart Stores, Inc. v. Dukes, 564 U.S. __ (2011) that courts must undertake a “rigorous analysis” to…more Class Action, Class Certification, Comcast, Comcast v. Behrend, Dukes v Wal-Mart	See All Updates »
Erin M. Bosman	CPSC Seeks to Hold Former CEO Responsible for Buckyballs® Recall Last week the Consumer Product Safety Commission (CPSC) obtained an unprecedented ruling when Administrative Law Judge (ALJ) Dean Metry granted leave to name Craig Zucker in an administrative complaint against Maxfield and…more Buckyballs, CEOs, CPSC, Liability, Manufacturers	See All Updates »
Alejandro Bras	GMO Laws Spread to Washington and New Mexico Just months after the November defeat of California’s Proposition 37, the “California Right to Know Genetically Engineered Food Act,” proponents of labeling genetically modified food have proposed similar disclosure laws in…more Food Labeling, Genetically Engineered Food, GMO, Proposition 37, Resorts & Restaurants	See All Updates »
G. Brian Busey	ITC Requires Early Evidentiary Hearing in Investigation Initiated by NPE Commentators have expressed concerns over the rising tide of complaints filed by non-practicing entities (NPEs) in the United States International Trade Commission (“ITC” or “Commission”) under Section 337 of the Tariff Act…more Evidence, ITC, Non-Practicing Entities, Patents, Tariff Act of 1930	See All Updates »
Richard Call	State and Local Tax Insights -- Winter 2013 In This Issue: Sales Tax Nexus Developments in California and Beyond: A Year in Review; Upcoming 2013 Speaking Engagements; Recent MoFo State + Local Taxpayer Victories; Exploring the Subject to Tax Exception to Addback…more Amazon, Internet, Internet Retailers, Sales & Use Tax	See All Updates »
Chris Carr	Supreme Court Confirms EPA’s Interpretation That Logging Roads Do Not Require NPDES Permits In a 7-1 decision overruling the Ninth Circuit, the U.S. Supreme Court today upheld the Environmental Protection Agency’s (“EPA”) long-standing interpretation that stormwater run-off from logging roads are exempt from NPDES…more Discharge of Pollutants, EPA, Logging, NPDES, Permits	See All Updates »
Alexandra Cavazos	The AIA Technical Corrections Act Changes How Patent Term Adjustment is Calculated and Challenged On April 1, 2013, the USPTO published an interim final rule implementing various provisions of the AIA Technical Corrections Act (“AIA TCA”). This new legislation and its implementing regulations significantly alter how patent…more America Invents Act, Patent Term Adjustment, Patents, USPTO	See All Updates »
Leonard N. Chanin	CFPB Uses Novel Interpretation, Increases Compliance Burden for Gift Card Issuers Through its First Preemption Determination On April 19, 2013, the Consumer Financial Protection Bureau (“CFPB”) announced it was making a determination to preempt a provision of Tennessee unclaimed property law that it deemed inconsistent with the federal Electronic Fund…more CFPB, Disclosure Requirements, EFTA, Gift-Cards, Preemption	See All Updates »
Charles Chau	Hong Kong Capital Markets Quarterly News -- April 2013 In This Issue: Major Publications and Decisions; New Listing Decisions; New Guidance Letters; Enforcement News; and Regulatory Watch. - Excerpt from Major Publications and Decisions: Chain principle offer…more Capital Markets, China, Listing Standards	See All Updates »
Peng Chen	China Life Sciences - January 2013 In This Issue: Investor Q&A; Key Regulatory Issues for Strategic Life Sciences Partnerships in China; Compulsory Patent Licensing in China; and New Developments on the “Patentable Subject Matter” Requirement of U.S…more Biotechnology, China, Compulsory Licenses, Drug Manufacturers, Foreign Copyright Protection	See All Updates »
Tiffany Cheung	Socially Aware: The Social Media Law Update -- Volume 4, Issue 1 -- January/February 2013 In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we explore the challenges that arise when employers and employees battle over work-related social media accounts; we…more Browser History Sniffing, Communications Decency Act, Copyright, Data Collection, Facebook	See All Updates »
Jessica Childress	White House Announces the Administration Strategy on Mitigating the Theft of U.S. Trade Secrets On February 20, 2013, the White House released the Administration Strategy on Mitigating the Theft of U.S. Trade Secrets (the “Strategy”), which “recognizes the crucial role of trade secrets in the U.S. economy and sets out a…more Economic Espionage Act, Mitigation, Theft of Trade Secrets Clarification Act, Trade Secrets	See All Updates »
Matthew Alan Chivvis	Bowman v. Monsanto: Crisis Averted on IP Protection for Self-Replicating Technologies Life science companies in general (and seed companies in particular) are breathing a sigh of relief following the Supreme Court’s decision yesterday in Bowman v. Monsanto. As Bowman wended its way through district court…more Bowman v Monsanto, Genetically Engineered Seed, Infringement, Monsanto, Patent Exhaustion	See All Updates »
Theresa Cho	CARB Restates Its Cap-and-Trade Auction Results Last week the California Air Resources Board (CARB) issued an update to its November 19, 2012 report summarizing the results of the State of California’s first auction of greenhouse gas emissions allowances. The results in the…more California Air Resources Board, Cap-and-Trade, Greenhouse Gas Emissions	See All Updates »
Thomas Chou	China’s Supreme Court Ruling in Haifu v. Shiheng Changes the Landscape for Value Adjustment Mechanisms in Onshore Private Equity Transactions The Supreme People’s Court of China (the “Supreme Court”) rendered its final judgment on November 7, 2012, in the Haifu Investment Co., Ltd. v. Gansu Shiheng Nonferrous Resources Recycle Company Limited (“Haifu v. Shiheng”)…more China, Foreign Investment, Private Equity, Shareholders, Value Adjustment Mechanisms	See All Updates »
Eric Coffill	State + Local Tax Insights -- Spring 2013 In This Issue: Factor Representation: Is It Unconstitutional for a State to Have It Both Ways?; Upcoming Speaking Engagements; Expanded California Sales and Use Tax Exclusions for Advanced Manufacturing Projects; and…more Apportionment, Business Income, Factor Representation, Sales & Use Tax	See All Updates »
Hillel Cohn	Chipping Away at Barriers to Global Financial Services: SEC Staff Addresses Issues for Foreign Broker-Dealers under Rule 15a-6 Noting the increasingly global nature of financial markets, the U.S. Securities and Exchange Commission (“SEC”) adopted Rule 15a-6 nearly twenty four years ago to facilitate limited access by foreign broker-dealers to customers…more Broker-Dealer, Rule 15a-6, SEC	See All Updates »
Michèle Corash	Reforming Proposition 65: Governor’s “Update” Is a Promising Start Yesterday, Governor Jerry Brown’s office announced his intention to propose “updates” to Proposition 65 (Health & Safety Code section 25249.5 et seq.) supposedly designed to make the law less susceptible to the widespread abuses…more Frivolous Lawsuits, Jerry Brown, Proposition 65, Safe Harbors	See All Updates »
Robert Cudd	Application of the Self-Employment Tax and 3.8% Net Investment Income Tax to Fund Managers With the imposition of a new 3.8% “net investment income tax” (the “NIIT”) pursuant to Section 1411 of the Internal Revenue Code of 1986, as amended (the “Code”) on passive income and the imposition of an additional .9% on the…more Fund Managers, Net Investment Income, Self-Employment Tax	See All Updates »
Nicholas A. Datlowe	FTC Updates Its “Dot Com Disclosures” with a Focus on Social Media Advertising On March 12, 2013, the Federal Trade Commission (“FTC”) issued an update to its “Dot Com Disclosures” guide to advertisers on making effective online disclosures. In doing so, the FTC has driven home the points that: •…more Advertising, Disclosure Requirements, Dot Com Disclosure Guide, FTC, Social Media	See All Updates »
Jeffrey M. David	A Narrow Exception To The Mensing Preemption Defense The Sixth Circuit recently held that a failure-to-warn claim could proceed against a generic manufacturer that had failed to timely follow the brand-name label. Fulgenzi v. Pliva Inc., Case No. 12-3504 (6th Cir. March 13, 2013)…more Failure To Warn, FDA, FDCA, Generic Drugs, Labeling	See All Updates »
David de Ruig	Tax Talk -- Volume 6, No. 1 -- April 2013 In This Issue: House Ways & Means Committee Proposal Would Require Mark-to-Market for Derivatives and Modify Certain Other Tax Rules; After Months of Anticipation, Final FATCA Regulations Released; Congress Considers…more Affiliates, Credit Default Swaps, Derivatives, Equity Claims, FATCA	See All Updates »
John Delaney	More Trouble With Work-Related Social Media Accounts We have written before about cases involving disputes between employers and employees over work-related social media accounts, but a new case out of Arizona federal court raises issues that appear to be unlike those we have…more Facebook, Motion to Dismiss, Passwords, Social Media, Social Media Policy	See All Updates »
Anelia V. Delcheva	MoFo BioMeter - Volume 2, Issue 2: May 2013 - Flat BioMeter Value and Decline in Deal Volume are Hallmarks of Q1 The Morrison & Foerster BioMeter for the first quarter of 2013 shows a flat quarter for BioMeter value and a decline in dealmaking activity. A small number of large deals dominate an otherwise quiet quarter. In the first…more Biotechnology	See All Updates »
Jun Deng	China’s Supreme Court Ruling in Haifu v. Shiheng Changes the Landscape for Value Adjustment Mechanisms in Onshore Private Equity Transactions The Supreme People’s Court of China (the “Supreme Court”) rendered its final judgment on November 7, 2012, in the Haifu Investment Co., Ltd. v. Gansu Shiheng Nonferrous Resources Recycle Company Limited (“Haifu v. Shiheng”)…more China, Foreign Investment, Private Equity, Shareholders, Value Adjustment Mechanisms	See All Updates »
Thomas M. Devaney	Investment Management Legal + Regulatory Update -- May 2013 In This Issue: Regulatory Updates - SEC Allows Limited Use of Social Media for Public Disclosure; Federal Reserve Board Publishes a Final Rule Specifying when Nonbank Firms are “Predominantly Engaged in Financial…more Broker-Dealer, Custody Rule, ETFs, Federal Reserve, Final Rules	See All Updates »
Shaye Diveley	Update on CEQA Reform: Steinberg’s Quest for the “Elusive Middle Ground” The last year witnessed what once appeared to be a groundswell of support for the “modernization” of the California Environmental Quality Act (“CEQA”), loosely meaning easing the burden of the process itself and minimizing its…more CEQA, CEQA Reform	See All Updates »
Demme Doufekias	DOJ Turns FCPA Spotlight on Financial Services Sector as Enforcement Efforts in Latin America Continue Last week, the U.S. Department of Justice (DOJ) announced the indictment of two employees of a U.S. broker-dealer, Direct Access Partners, and a senior official in Venezuela’s state economic development bank, Banco de Desarrollo…more Anti-Corruption, DOJ, Enforcement, FCPA, Latin America	See All Updates »
Grant Esposito	The Supreme Court Again Revisits (And May Rein In) Personal Jurisdiction: Two Cases Now Up Next Term On April 22, 2013, the Supreme Court granted review in another personal jurisdiction case: DaimlerChrysler AG v. Bauman, No. 11-965 (cert. granted Apr. 22, 2013). The question presented in DaimlerChrysler is “whether it violates…more DaimlerChrysler, Due Process, Foreign Corporations, Forum State, Personal Jurisdiction	See All Updates »
Jordan Eth	Supreme Court Holds That Securities Fraud Plaintiffs Do Not Have to Prove Materiality to Certify a Class The Supreme Court issued a much-anticipated decision today in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085, 568 U.S. __ (2013), affirming the Ninth Circuit and holding that securities class action…more Amgen, Amgen Inc. v Connecticut Retirement Plans, Class Action, Class Certification, Fraud-on-the-Market	See All Updates »
Nilene Evans	FINRA Releases FAQs on its Public Offering Review Process FINRA recently released a set of frequently asked questions (“FAQs”) relating to its public offering process and the Corporate Financing Rule (Rule 5110). The guidance provided in the FAQs is summarized below. Underwriting…more Conflicts of Interest, Corporate Financing Rule, DDPs, FINRA, Lock-Up Requirements	See All Updates »
Robert Falk	Reforming Proposition 65: Governor’s “Update” Is a Promising Start Yesterday, Governor Jerry Brown’s office announced his intention to propose “updates” to Proposition 65 (Health & Safety Code section 25249.5 et seq.) supposedly designed to make the law less susceptible to the widespread abuses…more Frivolous Lawsuits, Jerry Brown, Proposition 65, Safe Harbors	See All Updates »
Jingxiao Fang	Privacy Changes Coming to China Originally published in Privacy & Security Law on 03/18/2013. There is continued focus in China on privacy and data security issues. China still has no omnibus law, but it has promulgated some sector-specific regulations…more Audits, China, Credit Reporting Agencies, Cross-Border, Data Breach	See All Updates »
Stephen Feldman	Tax Talk -- Volume 6, No. 1 -- April 2013 In This Issue: House Ways & Means Committee Proposal Would Require Mark-to-Market for Derivatives and Modify Certain Other Tax Rules; After Months of Anticipation, Final FATCA Regulations Released; Congress Considers…more Affiliates, Credit Default Swaps, Derivatives, Equity Claims, FATCA	See All Updates »
Afia Fening	The European Alternative Investment Fund Managers Directive—a non-EU Fund Manager’s Perspective Introduction - The European Member States must implement the Directive on Alternative Investment Fund Managers (the “AIFMD”), which came into force on July 21, 2011, into their national laws by July 22, 2013. Once the…more AIFM, AIFMD, Disclosure Requirements, EU, Investment Funds	See All Updates »
Anna Ferrari	Socially Aware: The Social Media Law Update -- Vol. 3, Issue 5 -- December 2012 In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we examine why social media marketing strategies should be concerned with clearing more than just copyrights; we revisit…more COPPA, Copyright, FCRA, Free Speech, FTC	See All Updates »
Craig Fields	State and Local Tax Insights -- Winter 2013 In This Issue: Sales Tax Nexus Developments in California and Beyond: A Year in Review; Upcoming 2013 Speaking Engagements; Recent MoFo State + Local Taxpayer Victories; Exploring the Subject to Tax Exception to Addback…more Amazon, Internet, Internet Retailers, Sales & Use Tax	See All Updates »
Henry M. Fields	Dodd-Frank Implementation: Navigating the Road Ahead Table of Contents: Introduction; Financial Stability Reform; Resolution Planning; Agencies and Agency Oversight Reform; Securitization Reform; Derivatives Regulation; Investor Protection Reform; Credit Rating Agency Reform;…more Capital Requirements, CFPB, Corporate Governance, Credit Ratings, Derivatives	See All Updates »
Patrick H. Fischer	Financial Services Report -- Winter 2012 In This Issue: Bureau Report; Operations Report; Beltway Report; Arbitration Report; Mortgage Report; Privacy Report; Preemption Report; and Plastics Report. Excerpt from the Bureau Report: World’s Most Expensive…more American Express, CFPB, Chase Bank, Cybersecurity, Debt Collection	See All Updates »
Rick Fischer	CFPB Uses Novel Interpretation, Increases Compliance Burden for Gift Card Issuers Through its First Preemption Determination On April 19, 2013, the Consumer Financial Protection Bureau (“CFPB”) announced it was making a determination to preempt a provision of Tennessee unclaimed property law that it deemed inconsistent with the federal Electronic Fund…more CFPB, Disclosure Requirements, EFTA, Gift-Cards, Preemption	See All Updates »
Kiersten Fletcher	FINRA Focuses on Anti-Money Laundering Procedures and Red Flags Last week, the Financial Industry Regulatory Authority (FINRA) publicized penalties against three companies – as well as four associated individuals – that it found had failed to establish and implement adequate procedures for…more Anti-Money Laundering, Bank Secrecy Act, FINRA, Red Flags Rule	See All Updates »
Paul Flum	U.S. Supreme Court Invites Solicitor General’s Views on Whether to Grant Review of Case Addressing Two Key Issues in ERISA Fiduciary Duty Claims On March 25, 2013, the U.S. Supreme Court invited the U.S. Solicitor General to express its views on whether the Court should grant a certiorari petition in Dudenhoeffer v. Fifth Third Bancorp, et al., No. 12-751. Although the…more ERISA, Fiduciary Duty, Misrepresentation, SCOTUS, SEC	See All Updates »
Randall Fons	The SEC Speaks: Reflections and Enforcement Initiatives in 2013 Each year at The SEC Speaks, the Commissioners and senior leadership of the Securities and Exchange Commission identify the agency’s priorities and initiatives for the coming year. Of course, one of the most anticipated…more Asset Management, Disclosure Requirements, FCPA, Fraud, Insider Trading	See All Updates »
Chris Ford	Are Financial Institutions Ready for Cloud Computing? Originally published in BNA’s Banking Report on January 8, 2013. The rapid growth in the availability and sophistication of cloud computing services — on-demand, scalable information technology services provided over the…more Big Data, Cloud Computing, Data Protection	See All Updates »
Michael Frank	Reminder: Information Statements Due by January 31, 2013, for 2012 Incentive Stock Options and Employee Stock Purchase Plan Transactions; IRS Filings Also Required This is a reminder to public and private companies that grant incentive stock options (“ISOs”) or maintain a tax-advantaged employee stock purchase plan (“ESPP”). Under IRS regulations, these companies must provide information…more Employee Stock Purchase Plans, Form 3921, Form 3922, Incentive Stock Options, IRS	See All Updates »
Paul Frankel	MoFo New York Tax Insights - Volume 4, Issue 1 - January 2013 In This Issue: Court of Appeals Reverses Appellate Division, Holds that EchoStar’s Equipment Purchases Qualified as Sales for Resale; Appellate Court Holds Electronic Messaging Services Subject to Sales Tax; ALJ Finds…more ALJ, Appeals, Domicile, Innocent Spouse Exception, QEZE Benefits	See All Updates »
D. Reed Freeman, Jr.	FTC Staff Updates its COPPA FAQs, Providing Crucial Guidance for Covered Operators Last week, the staff of the Federal Trade Commission (“FTC”) issued crucial reading for operators of websites, apps, plug-ins, ad networks and other online services (together, “Services”) that are subject to its recently revised…more Confidentiality, COPPA, FTC, Parental Consent, Personally Identifiable Information	See All Updates »
Paul T. Friedman	New FCPA Decision: How Long is the FCPA’s Reach? A little more than a year after Deustche Telekom (“DT”) and Magyar Telekom entered into multi-million dollar settlements with the SEC and DOJ to resolve claims that the two companies violated the FCPA, three former Magyar…more Bribery, DOJ, FCPA, Interstate Commerce, Magyar Telekom	See All Updates »
Ted Friedman	Developments in Multistate Taxation Alabama - The Alabama Department of Revenue, Administrative Law Division, found that a company’s beer distribution rights did not qualify as goodwill under generally accepted accounting principles and, therefore, did not…more Multistate Tax Commission, Nexus, Sales & Use Tax	See All Updates »
Mac Fu	SAFE Liberalizes Foreign Exchange Rules … Or Not? -- Two recent circulars from China's foreign exchange regulator represent a welcome move towards streamlined forex transactions Is the State Administration of Foreign Exchange (“SAFE”) finally loosening its grip on foreign exchange transactions? Not exactly - the baseline principle of control and scrutiny over the flows of money into and out of China…more China, Foreign Exchanges, Forex, SAFE, Securities	See All Updates »
Joseph Gabai	Financial Services Report - Spring 2013 Editor’s Note - This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or…more Arbitration, Barack Obama, CFPB, China, Credit Reports	See All Updates »
Wendy Garbers	HUD Issues Aggressive New Fair Housing Rule The U.S. Department of Housing and Urban Development (“HUD”) has finally issued its much-debated disparate impact rule. HUD argues that the rule — which it plans to apply retroactively — is simply a codification of its existing…more Burden of Proof, Burden-Shifting, Business Justification, Discriminatory Effects Rule, Disparate Impact	See All Updates »
Sean Gates	Gleaning Insights from the Latest DOJ Guidance on Joint Licensing and Patent Pooling In a world of patent thickets, royalty stacking, and colossal infringement wars, there is a keen interest on the part of patent holders and potential licensees to find ways to make patent licensing more efficient, transparent,…more	See All Updates »
David Goett	Tax Talk -- Volume 6, No. 1 -- April 2013 In This Issue: House Ways & Means Committee Proposal Would Require Mark-to-Market for Derivatives and Modify Certain Other Tax Rules; After Months of Anticipation, Final FATCA Regulations Released; Congress Considers…more Affiliates, Credit Default Swaps, Derivatives, Equity Claims, FATCA	See All Updates »
Marissa Nicole Golden	Bright Outlook for Covered Bonds This year has proven to be an interesting one for the covered bond market, and we anticipate that 2013 will bring many important new developments. During 2012, the covered bond market continued to provide attractive financing…more Bonds, Covered Bonds, EU, Foreign Banks, SEC	See All Updates »
William Goodwin	Figuring FRAND In our December post “A FRANDlier Realm” we discussed emerging law relating to patents that are essential to technological standards, like 3G wireless telecommunications. What happens when patent owners and product makers cannot…more FRAND, Patents, Royalties	See All Updates »
Jonathan Gowdy	New HSR Filing Thresholds for 2013 On January 10, 2013, the U.S. Federal Trade Commission, the agency charged with administering the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (the “HSR Act”), as amended, and its filing requirements, announced the…more Exemptions, FTC, Hart-Scott-Rodino Act, Notifications, Pre-Merger Filing Requirements	See All Updates »
Enrico Granata	Practical Tips on Board Confidentiality Heightened stockholder engagement and influence, a proliferation in the availability of third-party information (including through social media) and a desire for greater corporate transparency and accountability have increased…more Board of Directors, Confidentiality Policies, Corporate Governance, Data Breach, Data Protection	See All Updates »
Peter J. Green	IOSCO Consultation Report on Financial Benchmarks Background - As we have previously reported, a Task Force of the International Organization of Securities Commissions (“IOSCO”) published a consultation on financial benchmarks on 11 January 2013 in response, in part, to…more Benchmarks, Consultation, EU, Governance Standards, IOSCO	See All Updates »
Timothy Denny Greene	Socially Aware: The Social Media Law Update -- Vol. 3, Issue 5 -- December 2012 In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we examine why social media marketing strategies should be concerned with clearing more than just copyrights; we revisit…more COPPA, Copyright, FCRA, Free Speech, FTC	See All Updates »
Duncan Grieve	UK Serious Fraud Office Focuses on Overseas Corruption with Rolls Royce Investigation Aerospace and defence companies, foreign intermediaries and anti-corruption legislation are back in the spotlight. On December 6th, Rolls Royce Holdings plc, the world’s second-largest manufacturer of aircraft engines, announced…more Aerospace, Rolls Royce Holdings, UK Bribery Act	See All Updates »
Joel Haims	Recent Decisions Show Courts Closely Scrutinizing Fee Awards in M&A Litigation Settlements Shareholder class and derivative suits quickly follow virtually every significant merger announcement. The vast majority of those suits that are not dismissed settle quickly, with the defendant corporation typically agreeing to…more Attorney's Fees, Derivative Suit, Fees, Settlement, Shareholder Litigation	See All Updates »
Jason Hall	A Fractured Federal Circuit Creates More Questions Than Answers: CLS Bank Int’l v. Alice Corp., No. 2011-1301 On Friday, the U.S. Court of Appeals for the Federal Circuit issued its en banc decision in CLS Bank Int’l v. Alice Corp. The decision includes seven separate opinions spanning 135 pages, but the only precedential portion…more CLS Bank, CLS Bank v Alice Corp, Patent-Eligible Subject Matter, Patents	See All Updates »
Lloyd S. Harmetz	Structured Thoughts -- Volume 4, Issue 8 -- May 15, 2013 In This Issue: Due Diligence Procedures for Structured Note Distributors; Key Issues for Yankee CDs; The SEC and FINRA: Protect Your Elders; The FSOC’s 2013 Annual Report: Increasing Exchange-Traded Product Activity; and…more Broker-Dealer, Due Diligence, Elder Issues, FINRA, FSOC	See All Updates »
Jacob Harper	Comcast Corp. v. Behrend: Courts Must Assess Merits of Plaintiffs’ Damages Evidence at Class Certification Yesterday, in Comcast Corp. v. Behrend, 569 U.S. __ (2013), the Supreme Court answered a looming class certification question left open by Wal-Mart Stores, Inc. v. Dukes, 564 U.S. __ (2011): whether a putative class action…more Class Action, Class Certification, Comcast, Comcast v. Behrend, Dukes v Wal-Mart	See All Updates »
Joshua Hartman	ITC Requires Early Evidentiary Hearing in Investigation Initiated by NPE Commentators have expressed concerns over the rising tide of complaints filed by non-practicing entities (NPEs) in the United States International Trade Commission (“ITC” or “Commission”) under Section 337 of the Tariff Act…more Evidence, ITC, Non-Practicing Entities, Patents, Tariff Act of 1930	See All Updates »
Raymond Hasu	U.S. Supreme Court Invites Solicitor General’s Views on Whether to Grant Review of Case Addressing Two Key Issues in ERISA Fiduciary Duty Claims On March 25, 2013, the U.S. Supreme Court invited the U.S. Solicitor General to express its views on whether the Court should grant a certiorari petition in Dudenhoeffer v. Fifth Third Bancorp, et al., No. 12-751. Although the…more ERISA, Fiduciary Duty, Misrepresentation, SCOTUS, SEC	See All Updates »
Melody Junhua He-Chen	Hong Kong Capital Markets Quarterly News -- April 2013 In This Issue: Major Publications and Decisions; New Listing Decisions; New Guidance Letters; Enforcement News; and Regulatory Watch. - Excerpt from Major Publications and Decisions: Chain principle offer…more Capital Markets, China, Listing Standards	See All Updates »
Marc Hearron	Further Setback for the CFPB Director’s Authority? A split panel of the U.S. Court of Appeals for the Third Circuit issued a decision yesterday holding that a “recess” appointment to the National Labor Relations Board (NLRB) was unconstitutional and invalid. NLRB v. New Vista…more CFPB, Directors, Nominations, Recess Appointments, Richard Cordray	See All Updates »
Madeleine Hensler	Federal Court in Manhattan “Likes” Service of Process via Facebook On March 7, 2013, a federal court in Manhattan ruled, in Federal Trade Commission v. PCCare247 Inc., that service via Facebook is an acceptable alternative means of serving court documents on foreign defendants. Although this is…more Facebook, Foreign Defendants, FTC, Service of Process, Social Media	See All Updates »
Adam S. Hoffinger	DOJ Turns FCPA Spotlight on Financial Services Sector as Enforcement Efforts in Latin America Continue Last week, the U.S. Department of Justice (DOJ) announced the indictment of two employees of a U.S. broker-dealer, Direct Access Partners, and a senior official in Venezuela’s state economic development bank, Banco de Desarrollo…more Anti-Corruption, DOJ, Enforcement, FCPA, Latin America	See All Updates »
Brian Hoffman	What Does Cooperation Buy You? Cooperation. The word is filled with meaning for enforcement professionals. The U.S. Securities and Exchange Commission and the U.S. Department of Justice profess to weigh it heavily when making charging and sanctioning…more Cooperation Initiative, DOJ, Insider Trading, Penalties, Prison	See All Updates »
Justin Hoogs	What Does Cooperation Buy You? Cooperation. The word is filled with meaning for enforcement professionals. The U.S. Securities and Exchange Commission and the U.S. Department of Justice profess to weigh it heavily when making charging and sanctioning…more Cooperation Initiative, DOJ, Insider Trading, Penalties, Prison	See All Updates »
Charles M. Horn	Structured Thoughts -- Volume 4, Issue 8 -- May 15, 2013 In This Issue: Due Diligence Procedures for Structured Note Distributors; Key Issues for Yankee CDs; The SEC and FINRA: Protect Your Elders; The FSOC’s 2013 Annual Report: Increasing Exchange-Traded Product Activity; and…more Broker-Dealer, Due Diligence, Elder Issues, FINRA, FSOC	See All Updates »
Kelley A. Howes	Investment Management Legal + Regulatory Update -- May 2013 In This Issue: Regulatory Updates - SEC Allows Limited Use of Social Media for Public Disclosure; Federal Reserve Board Publishes a Final Rule Specifying when Nonbank Firms are “Predominantly Engaged in Financial…more Broker-Dealer, Custody Rule, ETFs, Federal Reserve, Final Rules	See All Updates »
Peter Hsiao	Challengers Double Down on Opposition to California’s Carbon Allowance Auctions A second lawsuit has been filed challenging one of the centerpieces of California’s innovative cap-and-trade climate change regulatory program: the auction process implemented by the California Air Resources Board (CARB) to…more California Air Resources Board, Cap-and-Trade, Carbon Auctions, Carbon Emissions, Standing	See All Updates »
Tihua Huang	China’s Legislature Weighs in on Online Data Privacy; Other Recent Privacy Developments in China On December 28, 2012, the Standing Committee of the National People’s Congress (“NPC”), China’s legislature, weighed in on the subject of data privacy with its promulgation of the Decision on Reinforcing the Protection of…more China, Compliance, Data Protection, Penalties	See All Updates »
Thomas Humphreys	Tax Talk -- Volume 6, No. 1 -- April 2013 In This Issue: House Ways & Means Committee Proposal Would Require Mark-to-Market for Derivatives and Modify Certain Other Tax Rules; After Months of Anticipation, Final FATCA Regulations Released; Congress Considers…more Affiliates, Credit Default Swaps, Derivatives, Equity Claims, FATCA	See All Updates »
Adam Hunt	New FCPA Decision: How Long is the FCPA’s Reach? A little more than a year after Deustche Telekom (“DT”) and Magyar Telekom entered into multi-million dollar settlements with the SEC and DOJ to resolve claims that the two companies violated the FCPA, three former Magyar…more Bribery, DOJ, FCPA, Interstate Commerce, Magyar Telekom	See All Updates »
James W. Huston	Jury Buys Plaintiff’s Argument That Drug Manufacturer Should Have Distributed Dear Doctor Letter Sooner, Without Prior FDA Approval Dear Doctor letters were front and center in the just-tried case of Tietz v. Abbott Laboratories, Inc., et al., No. 12-L-002715. On Thursday, May 9, 2013, a Chicago jury returned a $2.2 million verdict in favor of the plaintiff…more Abbott Laboratories, Dear Doctor Letters, Drug Manufacturers, Failure To Warn, FDA	See All Updates »
Emily Huters	Spoliation of Social Media Evidence: New Jersey Court Cracks Down A March 23, 2013 decision from the U.S. District Court for the District of New Jersey serves as a cautionary tale for litigants. As a result of some arguably poor decisions by the plaintiff and likely miscommunication between…more Discovery, ESI, Evidence, Facebook, Gatto v United Air Lines	See All Updates »
Hollis L. Hyans	Initial Window for Delaware Unclaimed Property VDA Opportunity Closes June 30, 2013 Delaware is offering a voluntary disclosure program, touted by its secretary of state as a “good deal,” to businesses that may not be in compliance with all of Delaware’s unclaimed property reporting requirements. To obtain…more Voluntary Disclosure, Voluntary Disclosure Agreement	See All Updates »
Ana-Maria Ignat	SEC and CFTC Issue Identity Theft Rules Today, April 19, 2013, the Securities and Exchange Commission (“SEC”) and the Commodity Futures Trading Commission (“CFTC”) published in the Federal Register rules and guidelines requiring their respective regulated financial…more CFTC, Cybersecurity, Data Protection, Dodd-Frank, FCRA	See All Updates »
Miles H. Imwalle	Update on CEQA Reform: Steinberg’s Quest for the “Elusive Middle Ground” The last year witnessed what once appeared to be a groundswell of support for the “modernization” of the California Environmental Quality Act (“CEQA”), loosely meaning easing the burden of the process itself and minimizing its…more CEQA, CEQA Reform	See All Updates »
Maya Ingram	FDCA Express Preemption Victory in Benecol Misbranding Class Action A recent Third Circuit case brings good news for defendants making express preemption arguments under the Food, Drug and Cosmetic Act (FDCA) in misbranding class actions. Last week, the court affirmed the dismissal of a putative…more FDCA, Johnson & Johnson, Misbranding, NLEA, Preemption	See All Updates »
Oliver I. Ireland	The Basel Committee Proposes to Double Down on Counterparty Exposure Limits On March 26, the Basel Committee on Banking Supervision (“Basel Committee”) published a Consultative Document in which it proposes a revised supervisory framework for measuring and controlling large counterparty exposures…more Basel Committee, CCPs, G-SIFI, International Banks, Proposed Legislation	See All Updates »
Shusaku Iwasaki	J-REIT Reform – Finance and Insider Trading Regulations On December 7, 2012, the working group of the finance committee of the Financial Services Agency of Japan (the “Working Group”) issued its final report (the “Final Report”) with respect to the reform of the legal regime of…more Asset Management, Convertible Bonds, Foreign Investment, Insider Trading, J-REITs	See All Updates »
Matthew W. Janiga	CFPB Uses Novel Interpretation, Increases Compliance Burden for Gift Card Issuers Through its First Preemption Determination On April 19, 2013, the Consumer Financial Protection Bureau (“CFPB”) announced it was making a determination to preempt a provision of Tennessee unclaimed property law that it deemed inconsistent with the federal Electronic Fund…more CFPB, Disclosure Requirements, EFTA, Gift-Cards, Preemption	See All Updates »
Megan A. Jennings	Picking Up Steam? CARB Reports that California’s Second Carbon Auction Exceeds Price Expectations California’s second auction of greenhouse gas (GHG) allowances exceeded expectations, with allowances clearing above both the reserve price and the price predicted by leading market analysts. All of the 12.9 million allowances…more CARB, CARB Allowances, Carbon Auctions, Greenhouse Gas Emissions	See All Updates »
Jeremy C. Jennings-Mares	The European Alternative Investment Fund Managers Directive—a non-EU Fund Manager’s Perspective Introduction - The European Member States must implement the Directive on Alternative Investment Fund Managers (the “AIFMD”), which came into force on July 21, 2011, into their national laws by July 22, 2013. Once the…more AIFM, AIFMD, Disclosure Requirements, EU, Investment Funds	See All Updates »
Nicole Jeong	It’s Déjà Vu All Over Again: Massachusetts Allows Actions for Violation of Privacy Rights Based on Collection of ZIP Codes Massachusetts appears to have followed California’s lead in opening a litigation floodgate over ZIP code collection at the point of sale. In 2011, the California Supreme Court held in Pineda v. Williams-Sonoma Stores, Inc., 246…more Credit Cards, Data Protection, Marketing, Personally Identifiable Information, ZIP Codes	See All Updates »
Michelle Jewett	Application of the Self-Employment Tax and 3.8% Net Investment Income Tax to Fund Managers With the imposition of a new 3.8% “net investment income tax” (the “NIIT”) pursuant to Section 1411 of the Internal Revenue Code of 1986, as amended (the “Code”) on passive income and the imposition of an additional .9% on the…more Fund Managers, Net Investment Income, Self-Employment Tax	See All Updates »
Calvin Jin	China’s Renewed Focus on Anti-Corruption Efforts Highlighted by a New Interpretation on Criminal Offense of Paying Bribes In the three months since the Communist Party of China (the “CPC”) convened its 18th National Congress in November 2012, the CPC’s new leaders, including newly appointed CPC General Secretary and China’s incoming president Xi…more Anti-Corruption, Bribery, China, Chinese Communist Party, Conditional Gifts	See All Updates »
Ling Jin	CSRC Scraps Quantitative Thresholds for Offshore Listings by PRC Companies and Paves the Way for Direct Overseas Listings by Private SMEs China Securities Regulatory Commission (“CSRC”), the securities regulator of the People’s Republic China (the “PRC” or “China”), has scrapped quantitative threshold requirements for Chinese companies applying for offshore…more China, CSRC, Foreign Investment, Offshore Listings, SEHK	See All Updates »
Daniel Kahan	SEC Approves New Compensation Committee and Adviser Independence Listing Standards As discussed in two previous Client Alerts, on June 20, 2012, the U.S. Securities and Exchange Commission (the “SEC”) adopted Rule 10C-1 to implement the provisions of the Dodd-Frank Wall Street Reform and Consumer Protection…more Compensation Committee, Disclosure Requirements, Dodd-Frank, Independence Rules, Listing Standards	See All Updates »
Sherman Kahn	Administering Arbitration Clauses in Online Terms of Service Agreements Morrison & Foerster’s Sherman Kahn Interviews American Arbitration Association Vice President, Sandra Partridge. Many companies are providing for arbitration of disputes in their terms of service agreements governing use…more American Arbitration Association, Arbitration, Arbitration Agreements, Mandatory Arbitration Clauses, Pre-approval	See All Updates »
Aurora Kaiser	Employment Law Commentary -- Volume 25, Issue 3 -- March 2013 In This Issue: - Pregnancy Disability Leave in California: What Should Employers Be Expecting?: Last year, the Department of Fair Employment and Housing (“DFEH”) implemented new regulations interpreting the…more CFRA, DFEH, Disability Discrimination, Disability Leave, FEHA	See All Updates »
David H. Kaufman	Dodd-Frank Implementation: Navigating the Road Ahead Table of Contents: Introduction; Financial Stability Reform; Resolution Planning; Agencies and Agency Oversight Reform; Securitization Reform; Derivatives Regulation; Investor Protection Reform; Credit Rating Agency Reform;…more Capital Requirements, CFPB, Corporate Governance, Credit Ratings, Derivatives	See All Updates »
Jacob Michael Kaufman	A Fistful of Data: Facebook and Profile Technology, Inc. Showdown Over the Right to Use Outdated User Information As social media matures and users become more concerned about the privacy of the information they publish online, New Zealand-based search engine app company Profile Technology, Inc. and Facebook are engaged in a legal battle…more Data Collection, Facebook, Profile Technology Inc, Social Media	See All Updates »
Rebekah Kaufman	“All Natural” Suit Against AriZona Iced Tea: Class Decertified and Suit Tossed In the world of food misbranding class actions, few cases have yet made it to the merits stage. Companies defending against these claims should accordingly take note of AriZona Iced Tea’s recent win in Ries v. AriZona Beverages…more Advertising, Arizona Iced Tea, Class Action, Food Labeling, Marketing	See All Updates »
Gabriela Kipnis	Abbott Avoids Shake-Up: False Ad Suit over Ensure Dismissed Yet another court has tasked plaintiffs at the pleading stage with providing scientific support for false advertising claims that are based on a product’s alleged failure to deliver its promised health benefits. On Friday, a…more Abbott Laboratories, Advertising, Class Action, Efficacy Claims, Health Claims	See All Updates »
Spencer Klein	Practical Tips on Board Confidentiality Heightened stockholder engagement and influence, a proliferation in the availability of third-party information (including through social media) and a desire for greater corporate transparency and accountability have increased…more Board of Directors, Confidentiality Policies, Corporate Governance, Data Breach, Data Protection	See All Updates »
Angela Kleine	HUD Issues Aggressive New Fair Housing Rule The U.S. Department of Housing and Urban Development (“HUD”) has finally issued its much-debated disparate impact rule. HUD argues that the rule — which it plans to apply retroactively — is simply a codification of its existing…more Burden of Proof, Burden-Shifting, Business Justification, Discriminatory Effects Rule, Disparate Impact	See All Updates »
Tomoki Kodama	Japanese Tender Offer Rules Expand Exemption for Proprietary Trading System (“PTS”) Effective on October 31, 2012, the Financial Services Agency of Japan (“FSA”) amended the Japanese tender offer rules and introduced a new exemption for acquisition of shares made through a proprietary trading system…more	See All Updates »
Kara M. Kraman	MoFo New York Tax Insights - Volume 4, Issue 5 - May 2013 In This Issue: New York Enacts Significant Changes to Related Member Royalty Add-Back Law; Nuclear Power Plant That Produces Steam and Water to Generate Electricity Not Eligible for Investment Tax Credit; Appellate…more Add-Back Legislation, Andrew Cuomo, Fraud, Insurers, Investment Tax Credits	See All Updates »
Matthew Kreeger	Bowman v. Monsanto: Crisis Averted on IP Protection for Self-Replicating Technologies Life science companies in general (and seed companies in particular) are breathing a sigh of relief following the Supreme Court’s decision yesterday in Bowman v. Monsanto. As Bowman wended its way through district court…more Bowman v Monsanto, Genetically Engineered Seed, Infringement, Monsanto, Patent Exhaustion	See All Updates »
Rachel Krevans	Beineke v. Kappos – Are Discovered Plants Patentable? In November, Walter Beineke petitioned the Supreme Court for review of a Federal Circuit decision affirming the rejection of two plant patents on tree varieties that he discovered as not patent-eligible. This month, the PTO…more Kappos, Patents, Plant Patents, SCOTUS, Utility Patents	See All Updates »
Shinichiro Kurahara	Private Client - Practical Law Multi-Jurisdictional Guide 2012/13 Country Q&A: Japan Originally published in Private Client Multi-Jurisdictional Guide 2012/13. In This Issue: Taxation; Wills and Estate Administration; Succession Regimes; Intestacy; Trusts; Ownership and Familial Relationships;…more Beneficiaries, Deadlines, Exemptions, Inheritance, Power of Attorney	See All Updates »
Kenneth Kuwayti	Already v. Nike: The Supreme Court Finds Covenant Not to Sue Made Competitor’s Claim for Invalidity of Trademark Moot The U.S. Supreme Court issued its opinion yesterday in the closely-watched case, Already, LLC v. Nike, Inc. In a decision that is almost certain to affect patent owners as well, the Court unanimously affirmed the Second…more Already LLC, Covenant Not to Sue, Declaratory Relief, Infringement, Mootness	See All Updates »
Sue Landsittel	Challengers Double Down on Opposition to California’s Carbon Allowance Auctions A second lawsuit has been filed challenging one of the centerpieces of California’s innovative cap-and-trade climate change regulatory program: the auction process implemented by the California Air Resources Board (CARB) to…more California Air Resources Board, Cap-and-Trade, Carbon Auctions, Carbon Emissions, Standing	See All Updates »
Linda Lane	CPSC Imposes Comprehensive Compliance Programs in Two Settlements, Warns this is the Wave of the Consumer Products Future It is no news that Section 15(b) of the Consumer Product Safety Act (the Act) requires immediate reporting to the Consumer Product Safety Commission (CPSC) of any information which could support the conclusion that a product…more Compliance, CPSC, Reporting Requirements, Safety Precautions, Settlement	See All Updates »
Leslie Lao	State + Local Tax Insights -- Spring 2013 In This Issue: Factor Representation: Is It Unconstitutional for a State to Have It Both Ways?; Upcoming Speaking Engagements; Expanded California Sales and Use Tax Exclusions for Advanced Manufacturing Projects; and…more Apportionment, Business Income, Factor Representation, Sales & Use Tax	See All Updates »
K. Alyse Latour	AT&T Case Confirms GAO's Broad View Of Waiver Authority The U.S. Government Accountability Office recently opened the door for government agencies to use their waiver authority under the Federal Acquisition Regulation, Subpart 9.5, during a protest to render academic a protester’s…more AT&T, GAO, Marine Corps, Waivers	See All Updates »
Meimay Law	Tax Talk -- Volume 6, No. 1 -- April 2013 In This Issue: House Ways & Means Committee Proposal Would Require Mark-to-Market for Derivatives and Modify Certain Other Tax Rules; After Months of Anticipation, Final FATCA Regulations Released; Congress Considers…more Affiliates, Credit Default Swaps, Derivatives, Equity Claims, FATCA	See All Updates »
J. Alexander Lawrence	Can Touting Your New Job on Social Media Sites Violate a Non-Solicitation Agreement? According to a federal judge in Oklahoma in Pre-Paid Legal Services, Inc. v. Cahill, simply sharing information about a new job over social media does not mean that you are inviting former co-workers to come join you in…more Facebook, Non-Solicitation Agreements, Preliminary Injunctions, Social Media	See All Updates »
Colette LeBon	“Substantial” Benefit to Employers in California Supreme Court’s New Formulation of Mixed-Motive Defense (or, Ding Dong, the Wicked Witch Motivating Factor Instruction Is Dead) Today in Harris v. City of Santa Monica, the California Supreme Court, in a decision that favors employers, answered this question: “What is the trier of fact to do when it finds that a mix of discrimination and legitimate…more Discrimination, Mixed Motive Cases	See All Updates »
Lewis Gavin Lee	Structured Thoughts -- Volume 4, Issue 5 -- April 12, 2013 In This Issue: FINRA’s 2013 Communication Rules and Revisions to MSDAs; Regulation R and Bank Sales of Structured Products; FCA Temporary Product; and Intervention Rules: Nipping It in the Bud. Excerpt from FINRA’s…more Broker-Dealer, Distribution Rules, Financial Conduct Authority, FINRA, FSMA	See All Updates »
Jessica Lehrman	The Second Circuit’s Aereo Math: One Copy + One Subscriber ≠ Public Performance Last week­—the week of May 12, 2013­—proved to be an eventful week for Aereo. On May 14, 2013, the controversial broadcast television streaming service filed a motion for summary judgment in the Southern District of New…more Aereo, Copyright, Summary Judgment, Television Broadcast Stations, The Copyright Act	See All Updates »
Ezra Levine	Financial Services Report - Spring 2013 Editor’s Note - This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or…more Arbitration, Barack Obama, CFPB, China, Credit Reports	See All Updates »
Daniel Levison	China’s Renewed Focus on Anti-Corruption Efforts Highlighted by a New Interpretation on Criminal Offense of Paying Bribes In the three months since the Communist Party of China (the “CPC”) convened its 18th National Congress in November 2012, the CPC’s new leaders, including newly appointed CPC General Secretary and China’s incoming president Xi…more Anti-Corruption, Bribery, China, Chinese Communist Party, Conditional Gifts	See All Updates »
Maureen Linch	Recent Changes Allow Tax-Free Receipt of up to $10 Million in Gain from the Sale of Small Business Stock One silver lining to the American Taxpayer Relief Act of 2012 (“ATRA”) is that it extended the 100% exclusion for capital gain on qualified small business stock (“QSBS”) acquired between 2010 and 2011 to include stock purchased…more Alternative Minimum Tax, American Taxpayer Relief Act, Capital Gains, Fiscal Cliff, Gain Exclusion	See All Updates »
Otis Littlefield	America Invents Act: USPTO Publishes Final Examination Guidelines for the First-Inventor-to-File Provisions On July 26, 2012, the United States Patent and Trademark Office (USPTO) published proposed Examination Guidelines for Implementing the First-Inventor-to-File Provisions of the Leahy-Smith America Invents Act (AIA), which become…more America Invents Act, Final Examination, First-to-File, Intervening Disclosures, On-Sale Bar	See All Updates »
Scott Llewellyn	A Fractured Federal Circuit Creates More Questions Than Answers: CLS Bank Int’l v. Alice Corp., No. 2011-1301 On Friday, the U.S. Court of Appeals for the Federal Circuit issued its en banc decision in CLS Bank Int’l v. Alice Corp. The decision includes seven separate opinions spanning 135 pages, but the only precedential portion…more CLS Bank, CLS Bank v Alice Corp, Patent-Eligible Subject Matter, Patents	See All Updates »
Carl Loewenson, Jr.	What Does Cooperation Buy You? Cooperation. The word is filled with meaning for enforcement professionals. The U.S. Securities and Exchange Commission and the U.S. Department of Justice profess to weigh it heavily when making charging and sanctioning…more Cooperation Initiative, DOJ, Insider Trading, Penalties, Prison	See All Updates »
Megan Low	You Can’t Make a Square Peg Fit in a Round Hole: California Supreme Court Holds Online Purchases of Electronically Downloadable Products Outside Scope of Song-Beverly Act Handing a victory to online retailers, on February 4, 2013, the California Supreme Court held in a split decision that online transactions involving electronically downloadable products fall outside the scope of the Song-Beverly…more Apple, Credit Cards, E-Commerce, Electronically Downloaded Products, Internet Retailers	See All Updates »
Edward Lukins	Partial offers -- Time for a revival? Although partial offers are not particularly common, with only a handful made in the past several years, in some circumstances, they could be an attractive option for companies to consider. One of the most recent was the hostile…more Consent, EU, London Stock Exchange, Partial Offers, Regulation	See All Updates »
Audrey Y. Luo	Direct Contributions of Equity Interests as Registered Capital: Now Available to Foreign-Invested Enterprises in China On September 21, 2012, the Ministry of Commerce (“MOFCOM”) promulgated the Interim Provisions of the Ministry of Commerce for Equity Contribution in Relation to Foreign-Invested Enterprises (the “Provisions”), effective as of…more	See All Updates »
David M. Lynn	SEC Offers Guidance on Use of Social Media for Public Disclosure On April 2, 2013, the U.S. Securities and Exchange Commission (SEC) issued guidance in the form of the Report of Investigation under Section 21(a) of the Securities Exchange Act of 1934 which indicates that social media…more Material Nonpublic Information, Public Disclosure, Regulation FD, SEC, Social Media	See All Updates »
Christine E. Lyon	Socially Aware: The Social Media Law Update -- Volume 4, Issue 1 -- January/February 2013 In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we explore the challenges that arise when employers and employees battle over work-related social media accounts; we…more Browser History Sniffing, Communications Decency Act, Copyright, Data Collection, Facebook	See All Updates »
Xiaohu Ma	China’s Supreme Court Ruling in Haifu v. Shiheng Changes the Landscape for Value Adjustment Mechanisms in Onshore Private Equity Transactions The Supreme People’s Court of China (the “Supreme Court”) rendered its final judgment on November 7, 2012, in the Haifu Investment Co., Ltd. v. Gansu Shiheng Nonferrous Resources Recycle Company Limited (“Haifu v. Shiheng”)…more China, Foreign Investment, Private Equity, Shareholders, Value Adjustment Mechanisms	See All Updates »
Jeremy Mandell	D.C. Circuit Hands the CFPB a Setback? At the end of last week, the U.S. Court of Appeals for the District of Columbia Circuit issued its decision in Noel Canning v. National Labor Relations Board, holding that President Obama’s recess appointments to the National…more Barack Obama, Canning v NLRB, CFPB, NLRB, Political Appointments	See All Updates »
Jerry R. Marlatt	A battle over collateral -- If regulators are worried about over-encumbered bank assets, they must look beyond just covered bonds Originally published in International Financial Law Review in February 2013. Covered bonds’ dual recourse nature makes them a favoured instrument for investors seeking both safety and yield. If the issuing financial…more Banks, Collateralized Debt Obligations, Covered Bonds, Credit Cards, Rating Agencies	See All Updates »
Craig Martin	Internal Investigations: Best Practices An internal investigation is any effort to gather and analyze facts to help make a decision. Morrison & Foerster managing partner Craig Martin has overseen more than a dozen such efforts. His advice..…more Internal Investigations	See All Updates »
Brian Matsui	A Fractured Federal Circuit Creates More Questions Than Answers: CLS Bank Int’l v. Alice Corp., No. 2011-1301 On Friday, the U.S. Court of Appeals for the Federal Circuit issued its en banc decision in CLS Bank Int’l v. Alice Corp. The decision includes seven separate opinions spanning 135 pages, but the only precedential portion…more CLS Bank, CLS Bank v Alice Corp, Patent-Eligible Subject Matter, Patents	See All Updates »
Alistair Maughan	European Commission Plans to Change Consumer Product Safety Rules The European Commission plans to introduce new rules to improve the safety regime applicable to non-food consumer products distributed in the EU. The Commission has put forward a new package of measures to provide more…more Consumer Product Safety Commission, Distributors, European Commission, Importers, Manufacturers	See All Updates »
Jim McCabe	Financial Services Report - Spring 2013 Editor’s Note - This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or…more Arbitration, Barack Obama, CFPB, China, Credit Reports	See All Updates »
Patrick McCabe	New Tax Act Provides Long-Awaited Clarity and Certainty on Estate, Gift and Generation-Skipping Transfer Taxes, and Income Tax Rates On January 1, 2013, the Senate and the House of Representatives passed the American Taxpayer Relief Act of 2012 (ATRA), averting the so-called “fiscal cliff.” The legislation, which was signed by President Obama on January 2,…more American Taxpayer Relief Act, Charitable Donations, Estate Tax, Exemptions, Fiscal Cliff	See All Updates »
David McDowell	It’s Déjà Vu All Over Again: Massachusetts Allows Actions for Violation of Privacy Rights Based on Collection of ZIP Codes Massachusetts appears to have followed California’s lead in opening a litigation floodgate over ZIP code collection at the point of sale. In 2011, the California Supreme Court held in Pineda v. Williams-Sonoma Stores, Inc., 246…more Credit Cards, Data Protection, Marketing, Personally Identifiable Information, ZIP Codes	See All Updates »
Kate McElhone	America Invents Act Updates Take Final Form In a last-minute decision for the 112th Congress, the House of Representatives approved an America Invents Act (AIA) technical-revisions bill as amended by the Senate (H.R. 6621) on January 1, 2013. President Obama is expected…more America Invents Act, Derivation Proceeding, First-to-Invent, Inter Partes Review Proceedings, Patent Term Adjustment	See All Updates »
James McGuire	Financial Services Report - Spring 2013 Editor’s Note - This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or…more Arbitration, Barack Obama, CFPB, China, Credit Reports	See All Updates »
Paul D. McKenzie	Chinese Ministry of Industry and Information Technology Issues Draft Provisions Governing Protection of Personal Information As we reported in our client alert on January 23, 2013, the Standing Committee of the National People’s Congress issued a Decision on Reinforcing the Protection of Network Information on December 28, 2012. To implement this…more China, Data Protection, Penalties, Personally Identifiable Information	See All Updates »
Susan McLean	New EU rules on online and alternative dispute resolution - a win/win? On 22 April 2013, the Council of the European Union (the “Council”) adopted a regulation on online dispute resolution (“ODR”) and a directive on alternative dispute resolution (“ADR”). Tonio Borg, the EU's Commissioner for…more EU, Online Dispute Resolution	See All Updates »
Barbara R. Mendelson	FDIC Proposes to Nix Insurance for Dually Payable Deposits—With an Upside and a Nod to International Cooperation On February 12, the Federal Deposit Insurance Corporation (“FDIC”) proposed for public comment a rule that would exclude from federal deposit insurance coverage those deposits made at insured U.S. banks that are payable at a…more Dually Payable Deposits, EU, FDIC, Federal Deposit Insurance Act, Financial Services Authority	See All Updates »
Jeremy B. Merkelson	Employment Law Commentary -- Volume 24, No. 12 -- December 2012 Full Speed Ahead: Employment and Labor Initiatives During the President’s Second Term - The purpose of this Commentary (and next month’s) is to provide a forward-looking view of the regulatory and enforcement priorities of…more Affirmative Action, EEOC, FLSA, OSHA, Wage and Hour	See All Updates »
Cary Miller	America Invents Act Updates Take Final Form In a last-minute decision for the 112th Congress, the House of Representatives approved an America Invents Act (AIA) technical-revisions bill as amended by the Senate (H.R. 6621) on January 1, 2013. President Obama is expected…more America Invents Act, Derivation Proceeding, First-to-Invent, Inter Partes Review Proceedings, Patent Term Adjustment	See All Updates »
Michael B. Miller	CFPB Warning and Bulletin for Nationwide Specialty CRAs The Consumer Financial Protection Bureau (“CFPB”) has sent warning letters to several nationwide specialty consumer reporting agencies (“CRAs”), notifying the CRAs that the CFPB believes that the CRAs are not complying with the…more CFPB, Credit Reporting Agencies, Credit Reports, FCRA	See All Updates »
Wells Miller	Reminder: Information Statements Due by January 31, 2013, for 2012 Incentive Stock Options and Employee Stock Purchase Plan Transactions; IRS Filings Also Required This is a reminder to public and private companies that grant incentive stock options (“ISOs”) or maintain a tax-advantaged employee stock purchase plan (“ESPP”). Under IRS regulations, these companies must provide information…more Employee Stock Purchase Plans, Form 3921, Form 3922, Incentive Stock Options, IRS	See All Updates »
Gordon Milner	Hong Kong Data Privacy Law Update: Personal Data (Privacy) (Amendment) Ordinance 2012 INTRODUCTION - The Personal Data (Privacy) (Amendment) Ordinance 2012 (“Amendment Ordinance”) was formally adopted in July 2012. One of the most significant changes the Amendment Ordinance made to the existing Personal…more Data Collection, Data Protection, Marketing, Notice Requirements, Personally Identifiable Information	See All Updates »
Takeo Mizutani	Private Client - Practical Law Multi-Jurisdictional Guide 2012/13 Country Q&A: Japan Originally published in Private Client Multi-Jurisdictional Guide 2012/13. In This Issue: Taxation; Wills and Estate Administration; Succession Regimes; Intestacy; Trusts; Ownership and Familial Relationships;…more Beneficiaries, Deadlines, Exemptions, Inheritance, Power of Attorney	See All Updates »
Jessica Moore	Hong Kong Capital Markets Quarterly News -- April 2013 In This Issue: Major Publications and Decisions; New Listing Decisions; New Guidance Letters; Enforcement News; and Regulatory Watch. - Excerpt from Major Publications and Decisions: Chain principle offer…more Capital Markets, China, Listing Standards	See All Updates »
John Moore	Hong Kong Capital Markets Quarterly News -- February 2013 In This Issue SFC’s Consultation Conclusions on Regulation of Hong Kong IPO Sponsors; Statutory Obligation to Disclose Inside Information now Effective; SFC Review of the Exchange’s 2011 Performance; Consultation…more Capital Markets, Disclosure Requirements, Enforcement, Hong Kong Securities and Futures Commission, Insider Trading	See All Updates »
James J. Mullen, III	After Myriad Oral Argument, Supreme Court Set to Decide Patentability of Isolated Human DNA Molecules Today, the Supreme Court of the United States heard oral argument in Association for Molecular Pathology v. Myriad Genetics, Inc. (No. 12-398) to decide the question, “Are human genes patentable?” The Court’s decision in Myriad…more DNA, Gene Patenting, Human Genes, Oral Argument, Patent-Eligible Subject Matter	See All Updates »
Robyn Nadler	Convertible Bonds – an Overview Since 2009, approximately 10 issuances of convertible bonds (“CBs” or “bonds”) have been made by Hong Kong-listed companies. CBs are useful financing tools for companies, especially for small- to mid-sized fast-growing…more Bonds, Convertible Bonds, Funding	See All Updates »
Daniel A. Nathan	FINRA Focuses on Anti-Money Laundering Procedures and Red Flags Last week, the Financial Industry Regulatory Authority (FINRA) publicized penalties against three companies – as well as four associated individuals – that it found had failed to establish and implement adequate procedures for…more Anti-Money Laundering, Bank Secrecy Act, FINRA, Red Flags Rule	See All Updates »
Natalie Naugle	Defining “Natural”: The National Organic Program Offers Guidance That May Impact Organic and Nonorganic Food Producers Alike The USDA’s National Organic Program (“NOP”) recently issued draft guidance that organic and nonorganic food manufacturers alike should be aware of. In addressing what is required to certify a product as “organic,” the NOP has…more Food Labeling, Labeling, Organic, USDA	See All Updates »
Roberta Nero	State and Local Tax Insights -- Winter 2013 In This Issue: Sales Tax Nexus Developments in California and Beyond: A Year in Review; Upcoming 2013 Speaking Engagements; Recent MoFo State + Local Taxpayer Victories; Exploring the Subject to Tax Exception to Addback…more Amazon, Internet, Internet Retailers, Sales & Use Tax	See All Updates »
Mitchell Newmark	State + Local Tax Insights -- Spring 2013 In This Issue: Factor Representation: Is It Unconstitutional for a State to Have It Both Ways?; Upcoming Speaking Engagements; Expanded California Sales and Use Tax Exclusions for Advanced Manufacturing Projects; and…more Apportionment, Business Income, Factor Representation, Sales & Use Tax	See All Updates »
Pablo Nichols	Revolving Door Risk: Failure to Follow Best Practices Can Have Severe Consequences Not surprisingly, private industry frequently considers hiring current and former federal government employees for their experience, knowledge base, and skill sets. As a reaction to the continuing perception, however, that…more Compliance, Contractors, False Claims Act, Federal Employees, FEMA	See All Updates »
Amy F. Nogid	Initial Window for Delaware Unclaimed Property VDA Opportunity Closes June 30, 2013 Delaware is offering a voluntary disclosure program, touted by its secretary of state as a “good deal,” to businesses that may not be in compliance with all of Delaware’s unclaimed property reporting requirements. To obtain…more Voluntary Disclosure, Voluntary Disclosure Agreement	See All Updates »
Thomas J. Noto	Financial Services Report - Spring 2013 Editor’s Note - This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or…more Arbitration, Barack Obama, CFPB, China, Credit Reports	See All Updates »
Michael O'Bryan	Board Enjoined from Impeding Hostile Consent Solicitation Without First Approving Rival Director Slate under Credit Agreement Proxy Put Provision The Delaware Chancery Court recently enjoined a board of directors from impeding a stockholder’s solicitation of written consents to replace the board, unless the board first approved the stockholder’s nominees for purposes of a…more Board of Directors, Credit Agreements, Fiduciary Duty, Injunctions, Proxy Put	See All Updates »
Julie O'Neill	FTC Staff Updates its COPPA FAQs, Providing Crucial Guidance for Covered Operators Last week, the staff of the Federal Trade Commission (“FTC”) issued crucial reading for operators of websites, apps, plug-ins, ad networks and other online services (together, “Services”) that are subject to its recently revised…more Confidentiality, COPPA, FTC, Parental Consent, Personally Identifiable Information	See All Updates »
William O’Connor	New Year, New Ways to Fight the FNC Battle in Illinois Fennell v. Illinois Central Railroad Co. A recent Illinois Supreme Court case represents an encouraging turn for aviation defendants in a state where it has been nearly impossible to achieve dismissal on forum non conveniens grounds in foreign aviation accident cases…more Aviation, Forum Non Conveniens, Illinois Central Railroad, Jurisdiction	See All Updates »
Randy Omid	America Invents Act: USPTO Publishes Final Examination Guidelines for the First-Inventor-to-File Provisions On July 26, 2012, the United States Patent and Trademark Office (USPTO) published proposed Examination Guidelines for Implementing the First-Inventor-to-File Provisions of the Leahy-Smith America Invents Act (AIA), which become…more America Invents Act, Final Examination, First-to-File, Intervening Disclosures, On-Sale Bar	See All Updates »
William Pardue	State + Local Tax Insights -- Spring 2013 In This Issue: Factor Representation: Is It Unconstitutional for a State to Have It Both Ways?; Upcoming Speaking Engagements; Expanded California Sales and Use Tax Exclusions for Advanced Manufacturing Projects; and…more Apportionment, Business Income, Factor Representation, Sales & Use Tax	See All Updates »
Julie Y. Park	CPSC Seeks to Hold Former CEO Responsible for Buckyballs® Recall Last week the Consumer Product Safety Commission (CPSC) obtained an unprecedented ruling when Administrative Law Judge (ALJ) Dean Metry granted leave to name Craig Zucker in an administrative complaint against Maxfield and…more Buckyballs, CEOs, CPSC, Liability, Manufacturers	See All Updates »
Brandon Parris	Amending California's dissenters' rights statute Originally published in the Daily Journal on December 21, 2012. On Sept. 23 Gov. Jerry Brown signed Assembly Bill 1680 into law. AB 1680 amends California's dissenters' rights statute by (i) eliminating dissenters rights…more Acquisitions, Dissenters Rights, Fair Market Value, Mergers, Shareholder Rights	See All Updates »
Purvi Patel	U.S. Supreme Court Issues Standard Fire Insurance Opinion: Stipulations Limiting Damages No Longer Insure Against Removal The Supreme Court issued its much-anticipated opinion today in Standard Fire Insurance Co. v. Knowles, 568 U.S. __ (2013), holding unanimously that a class action plaintiff cannot avoid removal to federal court under the Class…more Amount in Controversy, CAFA, Class Action, Damages, Jurisdiction	See All Updates »
Suhna Pierce	Preventing Corruption While Protecting Personal Information Multinational businesses are subject to a patchwork of laws of the various jurisdictions in which they operate. Complying with the myriad rules and regulations can be challenging. Compliance obligations vary from one country to…more Anti-Corruption, Compliance, Consent, Corruption, Data Protection	See All Updates »
Anna T. Pinedo	Tax Talk -- Volume 6, No. 1 -- April 2013 In This Issue: House Ways & Means Committee Proposal Would Require Mark-to-Market for Derivatives and Modify Certain Other Tax Rules; After Months of Anticipation, Final FATCA Regulations Released; Congress Considers…more Affiliates, Credit Default Swaps, Derivatives, Equity Claims, FATCA	See All Updates »
Bernie Pistillo	Recent Changes Allow Tax-Free Receipt of up to $10 Million in Gain from the Sale of Small Business Stock One silver lining to the American Taxpayer Relief Act of 2012 (“ATRA”) is that it extended the 100% exclusion for capital gain on qualified small business stock (“QSBS”) acquired between 2010 and 2011 to include stock purchased…more Alternative Minimum Tax, American Taxpayer Relief Act, Capital Gains, Fiscal Cliff, Gain Exclusion	See All Updates »
Obrea O. Poindexter	Initial Window for Delaware Unclaimed Property VDA Opportunity Closes June 30, 2013 Delaware is offering a voluntary disclosure program, touted by its secretary of state as a “good deal,” to businesses that may not be in compliance with all of Delaware’s unclaimed property reporting requirements. To obtain…more Voluntary Disclosure, Voluntary Disclosure Agreement	See All Updates »
Ted Powers III	Delaware Court Finds Reverse Triangular Merger Does Not Violate Contractual Prohibition on Assignment by Operation of Law The Delaware Chancery Court, in Meso Scale Diagnostics, LLC v. Roche Diagnostics GmbH (Feb. 22, 2013), held that the acquisition of a company in a reverse triangular merger did not violate a restriction in an existing agreement…more Assignments, Reverse Triangular Mergers	See All Updates »
Mary Prendergast	Australian Federal Court Upholds Myriad’s Gene Patent While the question of patentability of isolated gene sequences awaits resolution at the U.S. Supreme Court, the Australian Federal Court today upheld Myriad Genetics’ patent on methods for screening for cancer-predisposing…more DNA, Gene Patenting, Human Genes, License Agreements, Myriad	See All Updates »
Robert E. Putney, III	Investment Management Legal + Regulatory Update -- May 2013 In This Issue: Regulatory Updates - SEC Allows Limited Use of Social Media for Public Disclosure; Federal Reserve Board Publishes a Final Rule Specifying when Nonbank Firms are “Predominantly Engaged in Financial…more Broker-Dealer, Custody Rule, ETFs, Federal Reserve, Final Rules	See All Updates »
Matthew R Galeotti	Socially Aware: The Social Media Law Update -- Volume 4, Issue 1 -- January/February 2013 In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we explore the challenges that arise when employers and employees battle over work-related social media accounts; we…more Browser History Sniffing, Communications Decency Act, Copyright, Data Collection, Facebook	See All Updates »
Taryn S. Rawson	Light at the End of the Tunnel for Some Defendants Under the Telephone Consumer Protection Act In recent months, three district courts have limited the scope of liability under certain subsections of the Telephone Consumer Protection Act (“TCPA”) for defendants who did not themselves send unsolicited calls, texts, or…more Advertising, TCPA	See All Updates »
Remmelt Reigersman	Tax Talk -- Volume 6, No. 1 -- April 2013 In This Issue: House Ways & Means Committee Proposal Would Require Mark-to-Market for Derivatives and Modify Certain Other Tax Rules; After Months of Anticipation, Final FATCA Regulations Released; Congress Considers…more Affiliates, Credit Default Swaps, Derivatives, Equity Claims, FATCA	See All Updates »
Tina Reynolds	AT&T Case Confirms GAO's Broad View Of Waiver Authority The U.S. Government Accountability Office recently opened the door for government agencies to use their waiver authority under the Federal Acquisition Regulation, Subpart 9.5, during a protest to render academic a protester’s…more AT&T, GAO, Marine Corps, Waivers	See All Updates »
Cynthia J. Rich	Chinese Ministry of Industry and Information Technology Issues Draft Provisions Governing Protection of Personal Information As we reported in our client alert on January 23, 2013, the Standing Committee of the National People’s Congress issued a Decision on Reinforcing the Protection of Network Information on December 28, 2012. To implement this…more China, Data Protection, Penalties, Personally Identifiable Information	See All Updates »
Gregory Roberts	State + Local Tax Insights -- Spring 2013 In This Issue: Factor Representation: Is It Unconstitutional for a State to Have It Both Ways?; Upcoming Speaking Engagements; Expanded California Sales and Use Tax Exclusions for Advanced Manufacturing Projects; and…more Apportionment, Business Income, Factor Representation, Sales & Use Tax	See All Updates »
Kevin Roberts	UK Serious Fraud Office Focuses on Overseas Corruption with Rolls Royce Investigation Aerospace and defence companies, foreign intermediaries and anti-corruption legislation are back in the spotlight. On December 6th, Rolls Royce Holdings plc, the world’s second-largest manufacturer of aircraft engines, announced…more Aerospace, Rolls Royce Holdings, UK Bribery Act	See All Updates »
D. Anthony Rodriguez	DOJ and SEC Issue Long Anticipated FCPA Guidance -- “Resource Guide” Sheds Some Light, but Gray Areas Remain At long last, the United States Department of Justice (“DOJ”) and the Securities and Exchange Commission (“SEC”) released their guidance on Foreign Corrupt Practices Act (“FCPA”) compliance and enforcement issues. The…more Compliance, DOJ, FCPA, FCPA Resource Guide, SEC	See All Updates »
Tiffany Rowe	The SEC Speaks: Reflections and Enforcement Initiatives in 2013 Each year at The SEC Speaks, the Commissioners and senior leadership of the Securities and Exchange Commission identify the agency’s priorities and initiatives for the coming year. Of course, one of the most anticipated…more Asset Management, Disclosure Requirements, FCPA, Fraud, Insider Trading	See All Updates »
Sean Ruff	Financial Services Report -- Winter 2012 In This Issue: Bureau Report; Operations Report; Beltway Report; Arbitration Report; Mortgage Report; Privacy Report; Preemption Report; and Plastics Report. Excerpt from the Bureau Report: World’s Most Expensive…more American Express, CFPB, Chase Bank, Cybersecurity, Debt Collection	See All Updates »
Don Rushing	The Ninth Circuit’s “Nuanced” Approach to FAA Preemption Leads to Greater Uncertainty and Invites Artful Pleading Announcing a “nuanced” approach to Federal Aviation Act of 1958 preemption, the Ninth Circuit has further narrowed the scope of federal preemption in the aviation field. In this client alert, we summarize the new framework…more Air Carrier Access Act, Federal Aviation Act, Gilstrap v United Air Lines, Martin ex rel Heckman v Midwest Express, Montalvo v Spirit Airlines	See All Updates »
Kayvan Sadeghi	What Does Cooperation Buy You? Cooperation. The word is filled with meaning for enforcement professionals. The U.S. Securities and Exchange Commission and the U.S. Department of Justice profess to weigh it heavily when making charging and sanctioning…more Cooperation Initiative, DOJ, Insider Trading, Penalties, Prison	See All Updates »
Isabelle Sajous	Investment Management Legal + Regulatory Update -- May 2013 In This Issue: Regulatory Updates - SEC Allows Limited Use of Social Media for Public Disclosure; Federal Reserve Board Publishes a Final Rule Specifying when Nonbank Firms are “Predominantly Engaged in Financial…more Broker-Dealer, Custody Rule, ETFs, Federal Reserve, Final Rules	See All Updates »
Robert A. Salerno	DOJ Turns FCPA Spotlight on Financial Services Sector as Enforcement Efforts in Latin America Continue Last week, the U.S. Department of Justice (DOJ) announced the indictment of two employees of a U.S. broker-dealer, Direct Access Partners, and a senior official in Venezuela’s state economic development bank, Banco de Desarrollo…more Anti-Corruption, DOJ, Enforcement, FCPA, Latin America	See All Updates »
James Schwartz	The CFTC’s Further No-Action Relief for Operators of Securitization Vehicles that May Constitute Commodity Pools In a letter dated March 29, 2013 (the “March 29 Letter”), the Division of Swap Dealer and Intermediary Oversight (the “Division”) of the Commodity Futures Trading Commission (the “CFTC”), extended by three months, but subject to…more CFTC, Commodity Pool, CPO, Securitization Vehicles	See All Updates »
Michael Shikuma	Private Client - Practical Law Multi-Jurisdictional Guide 2012/13 Country Q&A: Japan Originally published in Private Client Multi-Jurisdictional Guide 2012/13. In This Issue: Taxation; Wills and Estate Administration; Succession Regimes; Intestacy; Trusts; Ownership and Familial Relationships;…more Beneficiaries, Deadlines, Exemptions, Inheritance, Power of Attorney	See All Updates »
Linda Shostak	“Substantial” Benefit to Employers in California Supreme Court’s New Formulation of Mixed-Motive Defense (or, Ding Dong, the Wicked Witch Motivating Factor Instruction Is Dead) Today in Harris v. City of Santa Monica, the California Supreme Court, in a decision that favors employers, answered this question: “What is the trier of fact to do when it finds that a mix of discrimination and legitimate…more Discrimination, Mixed Motive Cases	See All Updates »
Jeffrey Silver	Board Enjoined from Impeding Hostile Consent Solicitation Without First Approving Rival Director Slate under Credit Agreement Proxy Put Provision The Delaware Chancery Court recently enjoined a board of directors from impeding a stockholder’s solicitation of written consents to replace the board, unless the board first approved the stockholder’s nominees for purposes of a…more Board of Directors, Credit Agreements, Fiduciary Duty, Injunctions, Proxy Put	See All Updates »
Joanna Simon	Jury Buys Plaintiff’s Argument That Drug Manufacturer Should Have Distributed Dear Doctor Letter Sooner, Without Prior FDA Approval Dear Doctor letters were front and center in the just-tried case of Tietz v. Abbott Laboratories, Inc., et al., No. 12-L-002715. On Thursday, May 9, 2013, a Chicago jury returned a $2.2 million verdict in favor of the plaintiff…more Abbott Laboratories, Dear Doctor Letters, Drug Manufacturers, Failure To Warn, FDA	See All Updates »
Joshua Simon	Consumer Product Alert: California Revises Draft Green Chemistry Regulations On January 29, 2013, California’s Department of Toxic Substances Control (DTSC) released revisions to the next generation of its proposed consumer product regulations. The draft regulations set out the details of California’s…more Clean Tech, Consumer Product Safety Improvement Act, Department of Toxic Substances Control, Green Chemistry, Manufacturers	See All Updates »
Marina Slavin	The Ninth Circuit’s “Nuanced” Approach to FAA Preemption Leads to Greater Uncertainty and Invites Artful Pleading Announcing a “nuanced” approach to Federal Aviation Act of 1958 preemption, the Ninth Circuit has further narrowed the scope of federal preemption in the aviation field. In this client alert, we summarize the new framework…more Air Carrier Access Act, Federal Aviation Act, Gilstrap v United Air Lines, Martin ex rel Heckman v Midwest Express, Montalvo v Spirit Airlines	See All Updates »
William Sloan	Challengers Double Down on Opposition to California’s Carbon Allowance Auctions A second lawsuit has been filed challenging one of the centerpieces of California’s innovative cap-and-trade climate change regulatory program: the auction process implemented by the California Air Resources Board (CARB) to…more California Air Resources Board, Cap-and-Trade, Carbon Auctions, Carbon Emissions, Standing	See All Updates »
Irwin M. Slomka	MoFo New York Tax Insights - Volume 4, Issue 5 - May 2013 In This Issue: New York Enacts Significant Changes to Related Member Royalty Add-Back Law; Nuclear Power Plant That Produces Steam and Water to Generate Electricity Not Eligible for Investment Tax Credit; Appellate…more Add-Back Legislation, Andrew Cuomo, Fraud, Insurers, Investment Tax Credits	See All Updates »
Andrew M. Smith	Further Setback for the CFPB Director’s Authority? A split panel of the U.S. Court of Appeals for the Third Circuit issued a decision yesterday holding that a “recess” appointment to the National Labor Relations Board (NLRB) was unconstitutional and invalid. NLRB v. New Vista…more CFPB, Directors, Nominations, Recess Appointments, Richard Cordray	See All Updates »
W. Stephen Smith	When Most-Favored Is Disfavored: A Counselor’s Guide to MFNs Originally published in the American Bar Association on April 1, 2013. The U.S. Antitrust Agencies Have turned the spotlight on most-favored-nation (MFN) clauses. The Department of Justice is currently litigating two…more Competition, Contract Drafting, DOJ, FTC, Most-Favored Nations	See All Updates »
Dwight C. Smith, III	Financial Services Report - Spring 2013 Editor’s Note - This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or…more Arbitration, Barack Obama, CFPB, China, Credit Reports	See All Updates »
Ruti Smithline	Preventing Corruption While Protecting Personal Information Multinational businesses are subject to a patchwork of laws of the various jurisdictions in which they operate. Complying with the myriad rules and regulations can be challenging. Compliance obligations vary from one country to…more Anti-Corruption, Compliance, Consent, Corruption, Data Protection	See All Updates »
Jesse Soslow	More Trouble With Work-Related Social Media Accounts We have written before about cases involving disputes between employers and employees over work-related social media accounts, but a new case out of Arizona federal court raises issues that appear to be unlike those we have…more Facebook, Motion to Dismiss, Passwords, Social Media, Social Media Policy	See All Updates »
Stacey M. Sprenkel	FCPA Regulators Speak on Newly Released FCPA Guidance and Reiterate Unwavering Commitment to FCPA Enforcement Last week was a busy week for compliance officers and FCPA practitioners. On November 14, the long-awaited FCPA guidance from the DOJ and SEC was released. In the following days, senior DOJ and SEC officials spoke at the…more Compliance, DOJ, FCPA, FCPA Resource Guide, SEC	See All Updates »
Caroline Stakim	Religious Discrimination in the Workplace The European Court of Human Rights (the “ECHR”) has issued its long awaited judgment in the case of Eweida and Others v the United Kingdom, the joint complaint of four employees that the UK had failed to protect their right to…more Discrimination, EU, European Court of Human Rights, Religious Discrimination	See All Updates »
Michael Steel	Reforming Proposition 65: Governor’s “Update” Is a Promising Start Yesterday, Governor Jerry Brown’s office announced his intention to propose “updates” to Proposition 65 (Health & Safety Code section 25249.5 et seq.) supposedly designed to make the law less susceptible to the widespread abuses…more Frivolous Lawsuits, Jerry Brown, Proposition 65, Safe Harbors	See All Updates »
Thomas Steele	State and Local Tax Insights -- Winter 2013 In This Issue: Sales Tax Nexus Developments in California and Beyond: A Year in Review; Upcoming 2013 Speaking Engagements; Recent MoFo State + Local Taxpayer Victories; Exploring the Subject to Tax Exception to Addback…more Amazon, Internet, Internet Retailers, Sales & Use Tax	See All Updates »
William Stern	Financial Services Report - Spring 2013 Editor’s Note - This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or…more Arbitration, Barack Obama, CFPB, China, Credit Reports	See All Updates »
David Strong	Recent Changes Allow Tax-Free Receipt of up to $10 Million in Gain from the Sale of Small Business Stock One silver lining to the American Taxpayer Relief Act of 2012 (“ATRA”) is that it extended the 100% exclusion for capital gain on qualified small business stock (“QSBS”) acquired between 2010 and 2011 to include stock purchased…more Alternative Minimum Tax, American Taxpayer Relief Act, Capital Gains, Fiscal Cliff, Gain Exclusion	See All Updates »
Gregory Sin Oon Tan	China Real Estate Update China property prices have continued to trend upward despite the government’s previous efforts to cool the real estate market. Such efforts include, among others, limiting the number of residential properties that a household…more Affordable Housing, China, FIRREA, Housing Market, Income Taxes	See All Updates »
Venantius Tan	Hong Kong Capital Markets Quarterly News -- April 2013 In This Issue: Major Publications and Decisions; New Listing Decisions; New Guidance Letters; Enforcement News; and Regulatory Watch. - Excerpt from Major Publications and Decisions: Chain principle offer…more Capital Markets, China, Listing Standards	See All Updates »
James R. Tanenbaum	Dodd-Frank Implementation: Navigating the Road Ahead Table of Contents: Introduction; Financial Stability Reform; Resolution Planning; Agencies and Agency Oversight Reform; Securitization Reform; Derivatives Regulation; Investor Protection Reform; Credit Rating Agency Reform;…more Capital Requirements, CFPB, Corporate Governance, Credit Ratings, Derivatives	See All Updates »
William Tarantino	A Dismissal That’s Sweeter Than Honey A recent case from the Central District of California brings good news to defendants making preemption arguments under the Nutrition Labeling and Education Act (NLEA) in private surgeon general cases. Cardona v. Target…more FDA, Food Labeling, NLEA, Preemption	See All Updates »
Philip Tatarowicz	Developments in Multistate Taxation Alabama - The Alabama Department of Revenue, Administrative Law Division, found that a company’s beer distribution rights did not qualify as goodwill under generally accepted accounting principles and, therefore, did not…more Multistate Tax Commission, Nexus, Sales & Use Tax	See All Updates »
Nathan David Taylor	Financial Services Report - Spring 2013 Editor’s Note - This is a dignified law firm newsletter, not like the “Brand X” versions. You won’t find pandering, attention-grabbing stories about Justin Bieber, Kim Kardashian, Ashton Kutcher, Prince William, or…more Arbitration, Barack Obama, CFPB, China, Credit Reports	See All Updates »
Stephen B. Thau	MoFo BioMeter - Volume 2, Issue 2: May 2013 - Flat BioMeter Value and Decline in Deal Volume are Hallmarks of Q1 The Morrison & Foerster BioMeter for the first quarter of 2013 shows a flat quarter for BioMeter value and a decline in dealmaking activity. A small number of large deals dominate an otherwise quiet quarter. In the first…more Biotechnology	See All Updates »
Nancy R. Thomas	Further Setback for the CFPB Director’s Authority? A split panel of the U.S. Court of Appeals for the Third Circuit issued a decision yesterday holding that a “recess” appointment to the National Labor Relations Board (NLRB) was unconstitutional and invalid. NLRB v. New Vista…more CFPB, Directors, Nominations, Recess Appointments, Richard Cordray	See All Updates »
Alison Tucher	Figuring FRAND In our December post “A FRANDlier Realm” we discussed emerging law relating to patents that are essential to technological standards, like 3G wireless telecommunications. What happens when patent owners and product makers cannot…more FRAND, Patents, Royalties	See All Updates »
Mitsutoshi Uchida	J-REIT Reform – Finance and Insider Trading Regulations On December 7, 2012, the working group of the finance committee of the Financial Services Agency of Japan (the “Working Group”) issued its final report (the “Final Report”) with respect to the reform of the legal regime of…more Asset Management, Convertible Bonds, Foreign Investment, Insider Trading, J-REITs	See All Updates »
Rebecca Ulich	State + Local Tax Insights -- Spring 2013 In This Issue: Factor Representation: Is It Unconstitutional for a State to Have It Both Ways?; Upcoming Speaking Engagements; Expanded California Sales and Use Tax Exclusions for Advanced Manufacturing Projects; and…more Apportionment, Business Income, Factor Representation, Sales & Use Tax	See All Updates »
Debra Urteaga	U.S. Supreme Court Issues Standard Fire Insurance Opinion: Stipulations Limiting Damages No Longer Insure Against Removal The Supreme Court issued its much-anticipated opinion today in Standard Fire Insurance Co. v. Knowles, 568 U.S. __ (2013), holding unanimously that a class action plaintiff cannot avoid removal to federal court under the Class…more Amount in Controversy, CAFA, Class Action, Damages, Jurisdiction	See All Updates »
Rick Vacura	Revolving Door Risk: Failure to Follow Best Practices Can Have Severe Consequences Not surprisingly, private industry frequently considers hiring current and former federal government employees for their experience, knowledge base, and skill sets. As a reaction to the continuing perception, however, that…more Compliance, Contractors, False Claims Act, Federal Employees, FEMA	See All Updates »
Claudia Vetesi	FDCA Express Preemption Victory in Benecol Misbranding Class Action A recent Third Circuit case brings good news for defendants making express preemption arguments under the Food, Drug and Cosmetic Act (FDCA) in misbranding class actions. Last week, the court affirmed the dismissal of a putative…more FDCA, Johnson & Johnson, Misbranding, NLEA, Preemption	See All Updates »
Tadashi Wada	Private Client - Practical Law Multi-Jurisdictional Guide 2012/13 Country Q&A: Japan Originally published in Private Client Multi-Jurisdictional Guide 2012/13. In This Issue: Taxation; Wills and Estate Administration; Succession Regimes; Intestacy; Trusts; Ownership and Familial Relationships;…more Beneficiaries, Deadlines, Exemptions, Inheritance, Power of Attorney	See All Updates »
Marian Waldmann	Preventing Corruption While Protecting Personal Information Multinational businesses are subject to a patchwork of laws of the various jurisdictions in which they operate. Complying with the myriad rules and regulations can be challenging. Compliance obligations vary from one country to…more Anti-Corruption, Compliance, Consent, Corruption, Data Protection	See All Updates »
Gregory Wang	Hong Kong Capital Markets Quarterly News -- April 2013 In This Issue: Major Publications and Decisions; New Listing Decisions; New Guidance Letters; Enforcement News; and Regulatory Watch. - Excerpt from Major Publications and Decisions: Chain principle offer…more Capital Markets, China, Listing Standards	See All Updates »
Kun Wang	China Life Sciences - January 2013 In This Issue: Investor Q&A; Key Regulatory Issues for Strategic Life Sciences Partnerships in China; Compulsory Patent Licensing in China; and New Developments on the “Patentable Subject Matter” Requirement of U.S…more Biotechnology, China, Compulsory Licenses, Drug Manufacturers, Foreign Copyright Protection	See All Updates »
Michael R. Ward	Bowman v. Monsanto: Crisis Averted on IP Protection for Self-Replicating Technologies Life science companies in general (and seed companies in particular) are breathing a sigh of relief following the Supreme Court’s decision yesterday in Bowman v. Monsanto. As Bowman wended its way through district court…more Bowman v Monsanto, Genetically Engineered Seed, Infringement, Monsanto, Patent Exhaustion	See All Updates »
Ashley Washington	The Ninth Circuit’s “Nuanced” Approach to FAA Preemption Leads to Greater Uncertainty and Invites Artful Pleading Announcing a “nuanced” approach to Federal Aviation Act of 1958 preemption, the Ninth Circuit has further narrowed the scope of federal preemption in the aviation field. In this client alert, we summarize the new framework…more Air Carrier Access Act, Federal Aviation Act, Gilstrap v United Air Lines, Martin ex rel Heckman v Midwest Express, Montalvo v Spirit Airlines	See All Updates »
Daniel Westman	White House Announces the Administration Strategy on Mitigating the Theft of U.S. Trade Secrets On February 20, 2013, the White House released the Administration Strategy on Mitigating the Theft of U.S. Trade Secrets (the “Strategy”), which “recognizes the crucial role of trade secrets in the U.S. economy and sets out a…more Economic Espionage Act, Mitigation, Theft of Trade Secrets Clarification Act, Trade Secrets	See All Updates »
Craig Whitney	Supreme Court Holds that “First Sale” Doctrine Applies to Copies of a Copyrighted Work Lawfully Made Abroad: Kirtsaeng v. John Wiley & Sons, Inc. The Supreme Court of the United States issued its much-anticipated decision in Kirtsaeng v. John Wiley & Sons, Inc., holding that the “first sale” doctrine protects a buyer or other lawful owner of a copy of a copyrighted work…more Copyright, Exports, First Sale Doctrine, Imports, Kirtsaeng v. John Wiley & Sons	See All Updates »
Bradley Wine	AT&T Case Confirms GAO's Broad View Of Waiver Authority The U.S. Government Accountability Office recently opened the door for government agencies to use their waiver authority under the Federal Acquisition Regulation, Subpart 9.5, during a protest to render academic a protester’s…more AT&T, GAO, Marine Corps, Waivers	See All Updates »
Kirsten Wolff	State and Local Tax Insights -- Winter 2013 In This Issue: Sales Tax Nexus Developments in California and Beyond: A Year in Review; Upcoming 2013 Speaking Engagements; Recent MoFo State + Local Taxpayer Victories; Exploring the Subject to Tax Exception to Addback…more Amazon, Internet, Internet Retailers, Sales & Use Tax	See All Updates »
Miriam Wugmeister	Privacy Changes Coming to China Originally published in Privacy & Security Law on 03/18/2013. There is continued focus in China on privacy and data security issues. China still has no omnibus law, but it has promulgated some sector-specific regulations…more Audits, China, Credit Reporting Agencies, Cross-Border, Data Breach	See All Updates »
Janet Xiao	The AIA Technical Corrections Act Changes How Patent Term Adjustment is Calculated and Challenged On April 1, 2013, the USPTO published an interim final rule implementing various provisions of the AIA Technical Corrections Act (“AIA TCA”). This new legislation and its implementing regulations significantly alter how patent…more America Invents Act, Patent Term Adjustment, Patents, USPTO	See All Updates »
Sherry Yin	China’s Renewed Focus on Anti-Corruption Efforts Highlighted by a New Interpretation on Criminal Offense of Paying Bribes In the three months since the Communist Party of China (the “CPC”) convened its 18th National Congress in November 2012, the CPC’s new leaders, including newly appointed CPC General Secretary and China’s incoming president Xi…more Anti-Corruption, Bribery, China, Chinese Communist Party, Conditional Gifts	See All Updates »
Danielle Zaragoza	New Tax Act Provides Long-Awaited Clarity and Certainty on Estate, Gift and Generation-Skipping Transfer Taxes, and Income Tax Rates On January 1, 2013, the Senate and the House of Representatives passed the American Taxpayer Relief Act of 2012 (ATRA), averting the so-called “fiscal cliff.” The legislation, which was signed by President Obama on January 2,…more American Taxpayer Relief Act, Charitable Donations, Estate Tax, Exemptions, Fiscal Cliff	See All Updates »
David Zins	Employment Law Commentary -- Volume 25, No. 2 -- February 2013: Is Working from Home a Reasonable Accommodation? “Rarely.” Modern technology is challenging our conception of the traditional workplace, especially in the service and information sectors. Remote network connections, online videoconferencing, portable Web-enabled devices, and other…more ADA, Business Necessity, Disability, EEOC, Reasonable Accommodation	See All Updates »
Daniel Zlatnik	Federal Court Says No to “Used” Digital Music Marketplace Digital music has come a long way since the era of widespread unauthorized sharing, with digital music sales estimated to be approaching $6 billion worldwide. As this market grows, a natural question is whether there can be a…more Copyright, Copyright Infringement, Digital Goods, First Sale Doctrine, Music	See All Updates »

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