Monthly Archives: April 2013

Doing Business in China: Latest Need-to-Know from JD Supra

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, on data privacy and protection, merger control regulations, employment law, intellectual property, corruption, and more: Chinese Ministry of Industry and Information Technology Issues Draft Provisions Governing Protection of Personal… Read more »

Did the Supreme Court Just Give Employers A New Tool to Fight Wage & Hour Claims?

“… [the case] demonstrates how the court system is grappling with an increasing number of wage & hour claims that threaten to overwhelm the system…” (Pullman & Comley) Did the Supreme Court just give employers a new tool for fighting Fair Labor Standards Act class-action lawsuits? From Todd Steenson at law firm Holland & Knight:… Read more »

Immigration Reform Bill Would Ease Backlog of Employment Visas

Earlier this month, the bipartisan “Group of Eight” – Senate Republicans John McCain, Jeff Flake, Marco Rubio, and Lindsey Graham, and Democrats Charles Schumer, Dick Durbin, Robert Menendez, and Michael Bennet – introduced their long-awaited immigration reform bill. From Jennifer Roeper of law firm Fowler White Boggs: “The Border Security, Economic Opportunity, and Immigration Modernization… Read more »

How to Protect Your Trademark – Latest Need-to-Know…

“Trademark owners have a duty to police their mark… The cost of dropping the ball on this duty can range from a bar on future enforcement of your rights against a particular company to a complete loss of all trademark rights.” (Mintz Levin) Applying for and obtaining a trademark is just the first step –… Read more »

IRS Tax Credit Guidance Is Welcome News to Renewable Energy Industry

“The American Taxpayer Relief Act of 2012 extended the eligibility of these [energy tax] credits for projects that begin construction before January 1, 2014. The types of projects included in this extension are wind, open-loop biomass, closed-loop biomass, geothermal, landfill gas, trash, qualified hydropower, and marine and hydrokinetic renewable energy facilities.” (Leonard, Street and Deinard)… Read more »

President Obama Proposes $3.77 Trillion Budget for 2014 – Here’s What It Contains [Analysis]

Earlier this month, President Obama submitted his $3.77 trillion proposed budget for fiscal year 2014 to Congress. Wonder where it all goes? Now you know, thanks to the attorneys at Patton Boggs, who have put together a comprehensive 73-page analysis of the budget and its implications for the government: [Link: President Obama’s FY 2014 Budget… Read more »

Universities Take Note: The America Invents Act Could Destroy Your Patent Portfolio

[Link: AIA Impact on University Innovation and Tech Transfer – Sterne, Kessler, Goldstein & Fox P.L.L.C.] IP lawyer Robert Sterne at Sterne, Kessler, Goldstein & Fox has a message for universities and technology centers that generate revenue from patent portfolios built around R&D: the America Invents Act (AIA) changes everything. And not in a particularly… Read more »

Supreme Court to Logging Industry and EPA: You’re Right – Permits Not Required for Stormwater Runoff

“While EPA got the result that it wanted here, the decision may come back to haunt it in the long run…” (Foley Hoag) Environmental regulation, like politics, makes strange bedfellows… In late March, the US Supreme Court handed a victory to both the country’s logging industry and the federal agency charged with protecting the environment… Read more »

H-1B Visa Applications Hit Cap; USCIS to Implement Lottery

If your H-1B visa application hasn’t been submitted, you’re out of luck: US Citizenship and Immigration Services just announced that the cap on those visas was reached on April 5, 2013, a mere five days after the application process began. What’s worse: even if your application was submitted before last Friday, you STILL may be… Read more »

Caveat Emptor… Especially When Purchasing a Company at Auction

In late March, a federal court of appeals ruled that an electrical contractor who purchased the assets of another company in a foreclosure sale was responsible for a $500,000 Fair Labor Standards Act settlement of the acquired business. It’s an important reminder to employers about the potential for successor liability, writes Ted Boehm of law… Read more »

Swap Market Participants: New CFTC Rules Go Into Effect April 10, 2013

“The Office of Financial Research (OFR) of the US Treasury Department … has been participating in a global effort to improve the infrastructure of the financial markets by creating a process for assigning every participant in financial transactions a … unique identification number that facilitates transactional recordkeeping and reporting for financial transactions and can also… Read more »

SEC Permits Corporate Communications Via Twitter, Facebook, Other Social Media

“The SEC’s release confirms that companies are permitted to announce material news through social media, provided investors know when and where to expect it.” (Orrick) The Securities and Exchange Commission has decided to let corporate communications move into the 21st Century.  Backing off from an earlier position that Netflix CEO Reed Hastings violated Regulation FD… Read more »

Doing Business in Europe: Latest Need-to-Know

Do business in Europe? Here’s a roundup of recent commentary and analysis on conducting business in Europe, including REACH regulations, patent classification, taxation, mobile apps, dawn raids, and more: Some clarification regarding challenges to REACH candidate listing (K&L Gates LLP): “In a series of recent judgments the EU General Court has given some guidance to companies… Read more »