Monthly Archives: January 2013

[Video] Corporate Law Report: News to Use… Now

Welcome to our latest Corporate Law Report. 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. Managing Cyber Risk Top Ten Ways To Manage Cyber Risk – Sherman & Howard L.L.C. 2. BYOD, But Leave the Risks Behind… Read more »

SEC Approves Revisions to NASDAQ and NYSE Compensation Committee Rules

“The … requirements were added pursuant to the Dodd-Frank Act and: enhance the independence requirements for compensation committee members; specify compensation committee authority relating to compensation consultants, counsel and other advisers; and specify compensation committee responsibility to consider potential conflicts of interests when selecting compensation consultants, counsel and other advisers.” (Skadden Arps) The Securities and… Read more »

HIPAA Q&A: What’s the New Word on Data Breaches?

“The definition of a data ‘breach’ was changed. The Omnibus Rules replaced the more subjective ‘harm standard’ with a more objective test that requires the covered entity to determine (based on a four-factor risk assessment) whether protected health information has been ‘compromised.’” (Snell & Wilmer) One of the key components of the new HIPAA /… Read more »

IP Update: Act Now to Avoid Disappointment at the “First-to-File” Patent Office

“The first-to-file system has the advantage of simplicity. It is difficult to prove when a person first mentally conceived of an invention, but it is easy to prove the date on which a patent application was filed. This enhanced simplicity, however, comes at a cost: instead of rewarding the earliest inventor, it rewards the inventor… Read more »

Summary of Final Omnibus HIPAA/HITECH Rules

No time read all 563 pages of the US Department of Health and Human Services Office for Civil Rights’ HIPAA/HITECH Omnibus Rule? Here’s a summary of key points: Effective Date: “The Enforcement Rule changes are effective on March 26, 2013. The additional 180 days afforded for most of the provisions in the Final Rule apply… Read more »

[Video] Corporate Law Report: News to Use… Now

Welcome to our latest Corporate Law Report. You know what to do: Watch the video overview above and, for any topics that interest you, go deeper with the legal analysis and commentary below>> 1. Need-to-know – in the workplace: Employers Should Use Revised FCRA Disclosure for Employees and Job Applicants – Sutherland Asbill & Brennan… Read more »

New HIPAA Omnibus Rule Modifies Privacy and Breach Notification Requirements for Health Care Providers

“The Final Rule represents the most significant development in healthcare privacy law since the issuance of the final Privacy Rule and Security Rule a decade ago.” (Morgan Lewis) On January 17, 2013, the Office for Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) released its final omnibus rule, strengthening the… Read more »

IP Law News: First-to-File System Set to Launch Soon, Are You Ready?

We’re less than two months away from the official launch of “First-to-File” in the United States. From Tom Kohler of law firm Downs Rachlin Martin: “The America Invents Act or ‘AIA’ was signed into law by President Obama on September 16, 2011. After an eighteen month waiting period, on March 16, 2013, two months from… Read more »

[Video] Corporate Law Report: News to Use… Now

Welcome to our latest Corporate Law Report, which includes: a word of caution for any company employing user-generated endorsements as part of their online advertising; a terrific white paper on social media risks and liabilities for global corporations; enforcement predicitions for 2013; a perspective on the potential rebirth of U.S. manufacturing; and latest details on… Read more »

Latest Iran Sanctions: Need-to-Know from JD Supra

The net of international sanctions on Iran and entities that do business with the Iranian regime continues to tighten. For your reference, here’s a roundup of latest commentary and analysis on sanctions imposed by the United States and Europe: U.S. Activity New Iran Sanctions Enacted (BakerHostetler): “The [latest] law, which comes just shy of five… Read more »

What Does the American Taxpayer Relief Act Mean for Nonprofits?

The American Taxpayer Relief Act was signed into law in extremis on January 2, 2013, bringing with it important changes to the country’s tax laws, including the extension of a number of credits, exemptions, and favorable rates that were scheduled to expire at the end of 2012. For nonprofits and charities – and for the… Read more »

SCOTUS Says Nike’s Promise to Not Sue Renders Trademark Lawsuit Unnecessary

Earlier this week, the U.S. Supreme Court ruled that a promise not to sue a competitor for infringing its trademark means that Nike won’t have to face a lawsuit challenging the validity of that mark. Michael Boudett of law firm Foley Hoag explains: “Nike, having sued competitor Already LLC for infringing its marks, later issued… Read more »

Digital Health Is Hot – But What Does the Future Hold? [Video Series]

According to incubator Rock Health, funding for digital health projects increased by 45% in 2012. It’s a hot sector – and here, in a video series, is attorney Michael Esquivel, partner in law firm Fenwick & West’s Start-ups and Venture Capital Group, to talk about the opportunities: “Digital health” is what’s happening at the intersection… Read more »

[Video] Corporate Law Report: News to Use Now

Welcome to the latest edition of JD Supra’s Corporate Law Report, which includes: executive speed dating of the “need to know” variety; good reasons to conduct a trademark audit now; a look at top FCPA enforcement in 2012 and what they mean for your compliance plans; a clarification of the Economic Espionage Act; and more.… Read more »

3 Take-Aways from the EEOC’s Strategic Enforcement Plan

“For those who believe the SEP inappropriately elevates enforcement over education or improperly reinforces an ‘integrated’ system of enforcement, I have only this to say: read the statute…” [Chai R. Feldblum is one of the Commissioners of the Equal Employment Opportunity Commission (EEOC), a five-person Commission charged with enforcing employment anti-discrimination laws in the United… Read more »