Monthly Archives: November 2012

Feds Propose New Guidance on Wellness Programs. Feel Better Now?

“Wellness programs take many forms; however, the common feature of all wellness programs is that they are designed to encourage healthier lifestyles, often by rewarding participants for attaining or improving certain health factors. Most wellness programs are subject to HIPAA’s nondiscrimination rules … [h]owever, the HIPAA nondiscrimination rules contain an exception whereby group health plans… Read more »

Court Gives Private Equity Funds a Pass on ERISA Obligations

“ERISA treats all members of a ‘controlled group’ as a single employer for purposes of its provisions imposing liability on employers in connection with the termination of an underfunded single employer pension plan or a withdrawal from an underfunded multi-employer pension plan. As a result, if an employer terminates or withdraws from an underfunded pension… Read more »

Corporate Bankruptcy Law: Latest Need-to-Know from JD Supra

[Link: Bill on Bankruptcy: Who’s to Blame for the Hostess Liquidation? – Bloomberg Law] The impending dissolution of Hostess Brands – maker of Twinkies, Ho Hos, and Wonder Bread – has captured headlines over the past few weeks. But Hostess’s story isn’t the only bankruptcy law news of relevance to Corporate America. For your reference:… Read more »

Global Economic Outlook: “Bumpy Road Ahead”

From Canadian law firm Bennett Jones, a comprehensive look at key indicators of economic growth in North America and around the globe. Their prognosis? “Bumpy road ahead:” “Since our spring 2012 economic outlook, the crisis in the eurozone has worsened and growth in the emerging economies has fallen more than expected, with negative spillovers on… Read more »

US Treasury Exempts Foreign Exchange Swaps & Forwards from Dodd-Frank Rules

“Foreign exchange (FX) swaps, the second largest derivatives trading market, [have] been exempted from Dodd-Frank regulation by the U.S. Treasury. Though some Democratic legislators criticized the move, the Treasury went forward with the exemption citing the high-levels of risk management inherent in FX trading. ‘Unlike other derivatives, FX swaps and forwards already trade in a… Read more »

FSOC Proposes Money Market Reforms: You Should Know…

“The FSOC’s proposals also set the stage for fresh tension between a vocal group of regulators, who feel that despite limited reforms in 2010, money market funds are still vulnerable to havoc-wreaking asset runs, and the fund industry, which has devoted significant public-relations efforts to arguing that reform would harm investors by making money market… Read more »

[Video Series] Canadian Cross-Border Income Trusts – Bennett Jones On What You Need to Know About CBITs/FAITs…

“…a new generation of CBITs has emerged that are focused on acquiring productive oil and gas assets located in the U.S. or another foreign jurisdiction, avoiding the SIFT rules. It’s likely only a matter of time before CBITs also start acquiring the assets of other types of businesses as well.” –The Globe and Mail Canadian… Read more »

IP Law News: Latest Need-to-Know from JD Supra

For your reference, a roundup of recent updates on intellectual property law issues in the news: design patents, the patentability of genetic material, trademark disputes, and more. You should know: On Design Patents… The Future of Design Patents (Sterne Kessler): Attorney Tracy-Gene G. Durkin’s take on what the future may hold for design patents. Is… Read more »

What Stands Out In the SEC & DOJ’s New Guide to FCPA Compliance?

“Although much of the guidance walks through established DOJ and SEC positions and practices, the [Resource Guide to the U.S. Foreign Corrupt Practices Act] does, through the use of real-world examples and detailed hypotheticals, provide more concrete direction than was previously available.” (Foley Hoag) Earlier this week, the Securities and Exchange Commission and the Department… Read more »

The Commodity Futures Trading Commission (CFTC) – JD Supra Need to Know

 For your reference, here’s quick roundup of analysis, commentary, and news about recent developments at the United States Commodity Futures Trading Commission (CFTC). As written by corporate lawyers on JD Supra: On Swaps: CFTC Shines Light on Swaps Market with ‘Swaps Report’ – by Shipkevich PLLC “The data contained in the report is robust, and… Read more »

Canada Revises Copyright Law – You Should Know…

“Copyright reform in Canada has, after a decade of effort, finally moved towards implementation. On November 7, 2012, pursuant to an Order in Council, many provisions of the Copyright Modernization Act … came into force.” (Bennett Jones) It’s been a long time coming, but the first sections of the Canada’s revised copyright law – approved… Read more »

DOJ and SEC Publish Guide to the Foreign Corrupt Practices Act (FCPA)

The long-awaited federal guide to the Foreign Corrupt Practices Act is out. Published by the Criminal Division of the U.S. Department of Justice and the Enforcement Division of the U.S. Securities and Exchange Commission, the 130-page guide provides an in-depth look at both the law and the way that government officials are enforcing it. See for… Read more »

First Time Ever I Tagged Your Face… FTC Guidelines on Facial Recognition Technology

The Federal Trade Commission is turning its attention to facial recognition technology. Earlier this month the agency released a report, “Facing Facts: Best Practices for Common Uses of Facial Recognition Technology,” setting forth guidelines on privacy and security for companies that use the technology. According to the report, while the technologies have a number of… Read more »

Three to Watch in IP Law: Gray Goods, India Patents, YouTube

Here’s a look at three recent developments in intellectual property law with implications that go far beyond copyright, patent, and other IP issues. You should know: 1. Gray Goods are Red Hot The Supreme Court recently heard oral arguments in a case of international proportions: does the Copyright Act’s doctrine of first sale – which… Read more »