Monthly Archives: July 2012

California Proposes Major Overhaul of Consumer Product Safety Rules

On July 27, 2012, the California Department of Toxic Substances Control proposed sweeping new rules for the regulation of chemicals in consumer products in the state. The rules, known as the “Safer Consumer Products” regulations, will impose significant new burdens on companies that sell products in the Golden State, writes Amy Westervelt in Forbes: “The… Read more »

Sunbeam Ruling Strengthens Rights of IP Licensees in Bankruptcy

Earlier this month, the Seventh Circuit Court of Appeals ruled in Sunbeam Products v. Chicago American Manufacturing that rights held by a trademark licensee do not automatically end when the license agreement is rejected by a trademark owner in bankruptcy. It’s a significant ruling for IP licensees because it allows them to continue to use… Read more »

Let the Games Begin! (Just Don’t Win Olympic Gold in Trademark Infringement…)

Little known fact: apparently, you can also win a gold medal in trademark infringement at the Olympics. Of course, you likely won’t see much coverage of the event (Saturday morning at 7:30, squeezed between the lawn bowling and potato sack races?), but the U.S. and International Olympic Committees take very seriously any infringement upon their… Read more »

Doing Business in China: A JD Supra Legal Reader

For your convenience, here’s a roundup of recent legal commentary and analysis on a broad range of issues facing companies doing business in and with China: Life Sciences Health Industry China Briefing – June 2012 (Reed Smith): “China’s new patent regulations allowing the government to force drug companies to grant compulsory licenses for generic versions… Read more »

California Corporations Score Big Tax Win with Gillette Ruling

On July 24, 2012, a California Court of Appeals ruled in Gillette Company v. Franchise Tax Board that Gillette – and any other California corporate taxpayer with multistate operations – is entitled to calculate its income tax based on methods set forth in the Multistate Tax Compact adopted by the state in 1974. First, the… Read more »

Latest on Hydraulic Fracturing/Fracking: A JD Supra Legal Reader

Recently David Letterman pushed the fracking debate deeper into the primetime spotlight as he voiced strong concerns over hydraulic fracturing on his “Late Show” – summing up his feelings in two words: “We’re screwed.” Regardless of your position on this highly contentious topic, one thing is clear: today, there are numerous legal ramifications to fracking.… Read more »

CFPB Action Against Capital One Bank Sets Tone for Aggressive Enforcement

Earlier this month, the Consumer Financial Protection Bureau (CFPB) – the federal watchdog agency mandated by the Dodd-Frank Act to regulate consumer financial products and services – issued its first ever public enforcement action. Its target? Capital One Bank, which according to the CFPB engaged in deceptive marketing practices, pressuring consumers into purchasing credit card… Read more »

HIPAA Audit Report Gives Providers New Roadmap to Compliance

In late June 2012, the Department of Health and Human Services Office for Civil Rights published its long-awaited HIPAA compliance audit protocol. For covered entities and business associates, the protocol serves as a roadmap of practices and procedures that help ensure compliance and avoid fines and other sanctions. Law firm Mintz Levin: “The protocol addresses… Read more »

As Seen on Twitter: Eminent Domain, ACA Compliance, Cyber Attacks, NLRB, and Other Trending @LegalNews…

For your interest, here’s a quick look at a handful of updates and advisories with broad corporate focus trending this afternoon on JD Supra. As seen in the Twitter stream – what’s hot and who’s sharing it:   U.S. Dept of Labor auditing healthcare plans for ACA compliance | Manatt, Phelps & Phillips, LLP –… Read more »

FERC Rulemaking: A JD Supra Legal Reader

For your reference, a roundup of commentary and analysis on recent regulatory and other activity at the Federal Energy Regulatory Commission (FERC). We will also be publishing a related roundup, on FERC Order Nos. 1000 and 1000-A, in the near future: FERC Votes to Issue Notice of Proposed Rulemaking to Adopt Revised Bulk Electric System… Read more »

U.S. Continues to Ease Burma/Myanmar Investment Restrictions

Earlier this month, the U.S. Office of Foreign Asset Control (OFAC) removed certain long-standing barriers to American investment in Burma. From law firm Venable LLP: “Eagerly awaited changes to U.S. financial and investment sanctions on Burma have finally arrived. U.S. businesses are now able to engage in new investment in Burma and provide financial services… Read more »

New FDA User Fee Law Includes Biosimilar & Generic Drug Approval Pathways

On July 9, 2012, President Obama signed the Food and Drug Administration Safety and Innovation Act (FDASIA) into law. The new legislation extends through 2017 the FDA’s program of charging user fees on drug applications – used to pay the agency’s employee salaries – in exchange for a quicker and more transparent product review process.… Read more »

Most Popular Corporate Law Posts – June 2012

What’s on your mind? ICANN’s generic top-level domain names, HIPAA compliance and violations, the SCOTUS RadLAX ruling, the EU Cookie Directive, that’s what (and more!). For your reference, the most-read Corporate Law Report posts in June, 2012: 1. HIPAA Compliance: 6 Audit Questions (and Answers) for Covered Entities “Late last year, members of the Senate… Read more »

CFTC and SEC Finalize Swap Definition, Set Regulatory Reforms Into Motion

On July 7, 2012, the Commodities Futures Trading Commission (CFTC) finalized its definition of a “swap” as required by the Dodd-Frank financial reforms law, one day after the Securities and Exchange Commission approved its parallel version of the definition. For your reference, here’s a roundup of legal commentary on this latest Dodd-Frank development: CFTC-SEC Final… Read more »