Monthly Archives: April 2012

California Transparency in Supply Chains Act: How Are Businesses Responding?

The California Transparency in Supply Chains Act, which requires certain companies doing business in the state of California to report on their efforts to eliminate slavery and human trafficking from their supply chains, went into effect on January 1, 2012. The law requires retailers and manufacturers with more than $100 million in annual gross receipts… Read more »

CFTC Pushes Ahead with Dodd-Frank Act Revisions

The Commodity Futures Trading Commission (CFTC) continues to move forward with regulatory changes mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act. For your reference, here’s a roundup of recent rules and revisions from the CFTC: Final Rules Defining Swap Dealers and Major Swap Participants CFTC and SEC Define “Swap Dealer” and “Major… Read more »

Supreme Court Rules Generic Drug Makers can Challenge Brand-Name Patents

On April 17, 2012, the Supreme Court ruled in Caraco Pharmaceutical Laboratories, Ltd. v. Novo Nordisk A/S that generic drug makers can sue brand-name drug makers when the latter claim exaggerated descriptions of indications covered by their patented drugs. The Food and Drug Administration has historically allowed brand-name drug makers to write their own descriptions… Read more »

Kappos v. Hyatt: Supreme Court Rules in Favor of Inventors

In a unanimous decision earlier this month, the Supreme Court ruled in Kappos v. Hyatt that a patent applicant has the right to present new evidence when appealing the rejection of their application. The ruling clarifies the procedures for introducing and evaluating new evidence in support of a denied patent application. For your reference, a roundup… Read more »

What Wal-Mart’s Mexican Bribery Scandal Means to Corporate Compliance & the FCPA

(Wal-Mart Bribery Allegations: Initial Impressions by Thomas Fox) In a stunning revelation this weekend, the New York Times reported on millions of dollars in bribes spent by Wal-Mart de Mexico – and covered up by Wal-Mart’s board and senior management – to support the unit’s rapid expansion to market dominance in Mexico. If the allegations… Read more »

5 Characteristics of an Effective Corporate Compliance Program

Any corporation whose business extends beyond United States borders must have a comprehensive and effective compliance program to address the rules of the Foreign Corrupt Practices Act – and, for that matter, any additional corruption regulations in countries where they conduct business. But a good program is more than a set of rules, it’s a… Read more »

The Computer Fraud and Abuse Act: A Legal Overview

“Ultimately, the proper interpretation of the scope of the CFAA may have to be decided by the U.S. Supreme Court…” – Patton Boggs Thanks to a recent decision in the Ninth Circuit, the ever-evolving Computer Fraud and Abuse Act (CFAA) is back in the spotlight. The latest changes notwithstanding, what exactly is the CFAA? What… Read more »

The $22.5 Million Co-Pay: 5 Lessons from the Biomet Bribery Case

Open (your wallet) wide and say “Aaah” – late last month, medical device manufacturer Biomet, Inc. paid more than $20 million to settle charges that it bribed doctors around the world to boost sales of its products over an eight-year period. It’s the latest in a long line of recent settlements over violations of the… Read more »

Be Careful If Your Online Advertising Relies on Terms You Do Not Own

“Rosetta Stone’s complaint, filed in 2009, alleged that Google infringed Rosetta Stone’s trademark rights by selling its trademarks as keywords to third-party competitors without [its] permission…” – Fourth Circuit Resurrects Rosetta Stone’s Challenge to Google’s AdWords Program, by Mintz Levin If your online strategy involves use of your competitor’s trademark(s) to drive Google traffic, it might be time for… Read more »

European Legal Spotlight: Privacy and Data Protection, Anti-Corruption, Competition Law, & More

For your reference, a roundup of commentary and analysis on a broad range of legal matters relevant to companies active in Europe: Competition Law Below-cost Pricing by a Dominant Company May Not Constitute a Breach of EU Competition Law (K&L Gates LLP) “A recent European Court case has confirmed that a dominant firm will not… Read more »

Insurance News & Commentary: You Should Read…

For your convenience, here’s a quick roundup of news and legal advisories covering a broad range of corporate insurance matters.  From the emerging trend of cyber insurance to life settlement provider licenses to COBRA considerations and pig farm odors, we think you should read (and watch): – Negotiating the New World of Cyber Insurance (Pillsbury):… Read more »

China Law Roundup: Criminal Procedure, FCPA, Banking Fee Investigation, CIETAC Arbitration Rules, Drug Safety, & More

For your reference, a roundup of recent Chinese legal news and developments of interest to multinationals active in the country: China’s Parliament Adopts Revision to Criminal Procedure Law (Sheppard Mullin Richter & Hampton LLP) “On March 14, 2012, the fifth session of the National People’s Congress adopted the latest revision to China’s Criminal Procedure Law… Read more »

IP Law Roundup: Google Adwords Redux, Louis Vuitton & UPENN & Hyundai, USPTO Pilot Program, Malpractice Claims…

We’ve been itching to put together a new roundup of Intellectual Property Law advisories — a number of interesting updates have passed through JD Supra over the last few days and we’ve wanted to capture them for you. But before we get on with it, let’s all say out loud together (speak up in the… Read more »

Finance & Banking: CFPB Sets Sights on Loan Origination Fees, Mortgage Licensing Procedures, & More

The Consumer Financial Protection Bureau continues to press banks and financial institutions to implement changes mandated by the Dodd-Frank Act. Here’s a roundup of legal commentary on recent CFPB guidance and regulations on loan originator compensation, mortgage licensing procedures, and a range of other activities: CFPB Issues Guidance On Loan Originator Compensation (BuckleySandler LLP) “The… Read more »

5 Ongoing Legal Issues for Nonprofit Boards

According to the National Center for Charitable Statistics, there are more than 1.5 million nonprofit and tax-exempt organizations operating in the United States, from charities to industry associations to religious institutions. But whatever their structure or purpose, such organizations need to understand – and respond to – key legal and regulatory issues that are unique… Read more »