Monthly Archives: December 2012

2012 in Review – The Most Popular Corporate Law Report Posts of the Year

What’s on your mind? Four themes in particular, if we go by what you’ve read over the past year: Legal issues related to doing business internationally Dodd-Frank regulations and other financial reforms Intellectual property Health care, including in particular HIPAA regulations and health care reform As popular as those issues were, however, there are many… Read more »

And One Patent to Rule Them All… EU Closes in On Unitary Patent

“The unitary patent will provide automatic unitary patent protection in all 25 participating member states (Spain and Italy are not included) in a move said to be directed at cutting costs for EU companies and, hence, boosting competitiveness. Of course, unitary patents and their enforcement via the unified court is available for non-EU applicants as… Read more »

[Video] Corporate Law Report – News to Use Now

Welcome to the reindeer edition of JD Supra’s Corporate Law Report, a look at some of the top corporate news items we are monitoring right now. You know the drill: Watch the video overview above and, for any topics that interest you, go deeper with the legal analysis and commentary below>> 1. ON: Mobile App… Read more »

On HSBC: What’s the Going Punishment for Laundering Drug Money?

What’s the going punishment for laundering drug money? If you’re one of the world’s largest banks, it’s about six weeks’ worth of earnings and no jail time for your executives. Not too bad for committing a felony, no? Iowa Senator Charles Grassley and the former Inspector General of the Treasury Department’s Troubled Assets Relief Program… Read more »

What’s the Recipe for a Successful Cross-Border Acquisition?

Cooking up an international M&A deal? Your first assignment – check in with the celebrity chefs. Like the corporate development heads at Honeywell, Cisco, and Johnson & Johnson and the chair of law firm Pepper Hamilton’s international practice. Their secret recipe involves equal parts due diligence, integration, and access to talent, tossed together with perseverance,… Read more »

New 2.3% Medical Device Excise Tax Goes into Effect January 1, 2013

Earlier this month, the Department of the Treasury and the Internal Revenue Service issued final rules for the new 2.3% excise tax that will be imposed on medical devices as of January 1, 2013 pursuant to the Patient Protection and Affordable Care Act. For manufacturers, producers, and importers of medical devices, here’s a brief Q&A… Read more »

Canada Changes Rules for Foreign Investment by State-owned Enterprises

“At the same time the government approved [the Progress Energy Resources and Nexen] acquisitions of control by Asian-based SOEs, the Prime Minister announced important changes to Canada’s policy for reviewing investments in Canada by state-owned enterprises which clearly indicate that the rules of the game for SOE investment have changed.” (Osler) Earlier this month, Canada’s… Read more »

False Claims Act Reaps Nearly $5 Billion for DOJ in 2012

“While everyone appears to be spending time on FCPA enforcement and compliance, companies need to spend more time in protecting themselves from the False Claim Act.” (Michael Volkov) The Department of Justice just announced that it recovered a record $4.9 billion from False Claims Act judgments and settlements in the 2012 fiscal year, and the… Read more »

Stricter California Pregnancy Disability Leave Regulations Take Effect December 30, 2012

“The Fair Employment and Housing Commission (FEHC) recently issued revised regulations that govern pregnancy disability leave (PDL) in California. The new regulations take effect December 30, 2012, and include changes that will affect employers’ pregnancy leave of absence policies. California employers with five or more employees are covered by PDL.” (Wilson Sonsini) California employers take… Read more »

Developers Take Note: California Sues Delta for Violating the State’s Mobile App Privacy Laws

Here’s a cautionary tale for any company connecting with customers and clients on mobile devices. During one of the year’s busiest travel seasons, when a change of plans can cost travelers upwards of $150, Delta Airlines was just hit with a lawsuit for NOT changing a thing. (Oh, the irony.) Earlier this year, California Attorney… Read more »

2013 Proxy Season Advisory Firm Voting Guidelines: Latest Need-to-Know from JD Supra

“Companies should analyze the reports issued by ISS, Glass Lewis and other advisory firms in 2012 with respect to the company’s 2011 executive compensation in order to better understand the concerns of those firms and to consider addressing these concerns. Companies should also consider any feedback they received from their shareholders. If a company makes… Read more »

[Video] JD Supra’s Corporate Law Report – News You Can Use Now…

Here’s a look at some of the news items we’ve been following in corporate law on JD Supra. If you joined us last week, you know the routine: Watch the video overview above and, for any topics that interest you, go deeper with the legal analysis and commentary below>> On Company Holiday Parties: ‘Tis the… Read more »

Off-Label Marketing Conviction Violates First Amendment

“In an opinion that will certainly be welcomed by many in the industry, the court rejected the government’s interpretation of the Food, Drug and Cosmetic Act’s (FDCA) misbranding provisions, holding, ‘We conclude simply that the government cannot prosecute pharmaceutical manufacturers and their representatives under the FDCA for speech promoting the lawful off-label use of an… Read more »

[Video] Talking Derivatives Reform

From Bloomberg Law, a discussion with Tangent Capital Partners’ Chris Whalen and Fusion IQ’s Barry Ritholtz – “two of the brightest guys in the business” according to host Lee Pacchia – on the subject of reform in the multi-trillion dollar derivatives market. The money quotes (and there are many): “[The derivatives market] is not just… Read more »

HIPAA Update: How to Turn Protected Health Information into Research Data

“HIPAA places tight restrictions on the use and disclosure of protected health information, but there are many ways to ‘de-identify’ it, freeing it from HIPAA’s constraints. Covered entities and business associates can use de-identification to reduce their exposure to HIPAA and expand their use of health data.” (Davis Wright Tremaine) On November 26, 2012, the… Read more »