Monthly Archives: September 2012

Senator Rockefeller to Fortune 500 CEOs: What’s In Your Cybersecurity Plan?

“Companies should be proactive and implement cybersecurity safeguards and policies now so that these protections are already in place by the time any regulatory action is taken.” (Mintz Levin) Earlier this month, Senator John D. (Jay) Rockefeller IV took his fight for greater cybersecurity preparedness directly to Corporate America. Senator Rockefeller is Chairman of the… Read more »

Antitust Update: AU Optronics Learns the Steep Price of Price-Fixing

On September 20, a federal judge taught AU Optronics a hard lesson in U.S. antitrust law when she handed down sentences to the company and its executives for their participation in a global conspiracy to fix the prices of LCD screens. From law firm Skadden Arps: “… Judge [Susan] Illston sentenced AU Optronics to a… Read more »

European Commission Proposes Centralized Bank Supervision

Earlier this month, the European Commission published its legislative proposal outlining the creation of a single supervisory mechanism that will allow the European Central Bank (ECB) to supervise Eurozone banks. The move would give the ECB broad-reaching powers normally held by national regulatory authorities to police banks throughout the region, laying the groundwork for a… Read more »

Medicine is Mobile. What Does That Mean for Security?

“New medicine is mobile, miniature and you can play angry birds on it. But what does that mean for security and privacy?” (Jo Ellen Whitney of law firm Davis Brown) The Massachusetts Eye and Ear Infirmary (MEEI) received a $1.5 million lesson in HIPAA and mobile device security earlier this month. Not because MEEI lost… Read more »

JD Supra On Antitrust: Price-Fixing, Cooperation Agreements, Joint Operating Agreements, and More

Here’s a roundup of recent analysis and commentary on JD Supra, covering a broad range of anti-competition matters, including “most-favored nation” clauses, allocation of customers, attempted monopolization and more: DOJ/FTC Ask if MFNs Are Anti-Competitive, and Get an Earful (Skadden, Arps, Slate, Meagher & Flom LLP): “The United States antitrust enforcement agencies — Department of… Read more »

IRS Section 409A Relief Expires at Year End; Act Now to Avoid Penalties

Employers, take note: tax relief for nonqualified deferred compensation plans – agreements to provide payment for services in exchange for a signed release – is due to expire at the end of the year. That means that employers and employees will need to review any such arrangements, which could include equity, nonqualified retirement, and severance… Read more »

CFPB Update: Credit Reporting Agencies Now Subject to Heightened Scrutiny

Earlier this month, the Consumer Financial Protection Bureau issued the procedures it will use to verify that credit bureaus and other consumer reporting companies are complying with federal financial laws. It’s the latest move in the CFPB’s efforts to supervise “larger participants” in the consumer financial markets as required by the Dodd-Frank Act. According to… Read more »

IRS Defines “Full-Time” Employees for Health Care Benefits

Earlier this month, the Internal Revenue Service issued important guidance for employers on the rules for identifying “full-time” employees for the purposes of the Affordable Care Act. It’s an important clarification, write employment attorneys Josh Bobrin and Edward Leeds (Ballard Spahr), because: “Effective January 1, 2014, employers with 50 or more full-time equivalent employees are… Read more »

Akamai / McKesson Ruling Changes Standard for Proving Induced Infringement

On August 31, 2012, the Court of Appeals for the Federal Circuit issued a ruling that, writes Tony Dutra at Bloomberg BNA, “will likely have more effect on patent law in the future than Apple’s iPhone design patents will.” Nicole Smith and Ryan Malloy (law firm Morrison & Foerster) explain: “In the 6-5 decision, the… Read more »

SEC Adopts Final Rules for Reporting Resource Extraction Payments

The Securities and Exchange Commission has adopted a new rule that will require oil, natural gas, and mineral extraction companies to disclose payments made to foreign governments. For your reference, here’s a roundup of legal updates on the topic: SEC Adopts Final Resource Extraction Rules (Katten Muchin Rosenman LLP): “The new rules will require SEC… Read more »