Monthly Archives: May 2013

Has Dodd-Frank Solved “Too Big To Fail”? Depends On Whom You Ask…

Has the Dodd-Frank Act solved the “Too Big To Fail” problem? Senators Sherrod Brown and David Vitter would say it has not. After all, they recently introduced the Terminating Bailouts for Taxpayer Fairness Act, which would impose significantly higher capital reserve requirements on the country’s largest financial institutions. But not everyone shares that view. For… Read more »

Employee Health Insurance Marketplace Notices Due October 1 – Here’s What to Do

“[The Patient Protection and Affordable Care Act] requires employers to provide notice to employees regarding the existence of the health insurance exchange, the availability of coverage and premium assistance, and information regarding the potential forfeiture of employer contributions toward employer-offered health coverage, if an employee purchases coverage through the health insurance exchange.” (Phillips Lytle) Earlier… Read more »

JD Supra Corporate Brief: M&A Deals, Section 11 Suits, REIT Conversion Rules, Guilt By Association

Sign up for email delivery of the JD Supra Corporate Brief to get a fresh bouquet of law news in your inbox every weekday. Comcast is not a silver bullet that precludes employee wage-and-hour class actions (Sheppard Mullin) Planning an M&A transaction? You’ll want to read this (King & Spalding) Looks like the Sixth Circuit… Read more »

JD Supra Corporate Brief: Public Company ESOPs, First Amendment Defense, Patent Law Treaty, Stark Law Enforcement

Can’t decide whether you should wear the black or brown shoes? The JD Supra Corporate Brief goes well with either… Public companies may need to revise their ESOPs to comply with a recent IRS notice (Katten) Is the First Amendment a viable defense for off-label marketing of pharmaceuticals? You might think so six months after… Read more »

How Are You Protecting Your Global Business? 7 Crucial Items For Your Checklist…

As you know, going global exposes an organization to a broad range of unfamiliar legal, financial, and regulatory risks that can prove costly to both reputation and revenues. What are you doing to protect your international business? Here are seven activities that should be on your checklist: 1. Set up an anti-bribery compliance program: “In… Read more »

JD Supra Corporate Brief: Minimum Contact, CEO Depositions, Chapter 11, Cybersecurity Update

Law news on the go: the JD Supra Corporate Brief. It’s the perfect companion for the morning’s commute, particularly when enjoyed with a blueberry scone and a large cappuccino… “Minimum contact” can mean the difference between the second-highest penalty in FCPA history and an acquittal… (Saul Ewing) Even the most senior corporate officers – CEO,… Read more »

EEOC Files First GINA Lawsuits Against Employers – 3 Takeaways

“The message is clear: the EEOC is paying serious attention to health-related employment discrimination.” (Patton Boggs) Earlier this month, Equal Employment Opportunity Commission made history with its first-ever lawsuits filed against employers under the Genetic Information Nondiscrimination Act (GINA). From Douglas Mishkin at law firm Patton Boggs: “On May 7, 2013, the EEOC sued Fabricut,… Read more »

JD Supra Corporate Brief: Proxy Voting, Intern Lawsuits, 401(k) Audits, Internal Investigations

Memorial Day: the unofficial start of summer, backyard grilling, lounging at the beach, and more. We hope you had a good holiday. Now get back to work… What’s the going rate for an early look at proxy voting results? (Leonard, Street and Deinard) Former Hearst interns cannot be certified into a class action, but don’t… Read more »

JD Supra Corporate Brief: Gross Negligence, Reasonable Royalties, IP Theft, OSHA Inspections

Large coffee: $2.50. Cherry Danish: $1.75. JD Supra Corporate Brief: priceless… The judge in the recently concluded BP oil spill litigation has asked all parties to discuss gross negligence by one of the responsible parties. And that could make any damages a lot more expensive… (King, Krebs & Jurgens) The SEC recently granted Pfizer’s officers… Read more »

Latest IP Need to Know: Patent Eligibility, Nutella, Texas Trade Secrets Act, Trademark Scams, More

What’s new in intellectual property law? Plenty: patent eligibility of computer-related inventions, a uniform trade secrets act in Texas, new discovery rules for 337 investigations, trademark scams, and a whole lot more. Even Lady Gaga… First, our featured update: a sweet love story with an important message for those who might consider a trademark infringement… Read more »

JD Supra Corporate Brief: Apple Taxes, Trademark Scams, Email Systems, Renewable Fuels

Of course we think you should still subscribe to a hard copy of the newspaper. How else are you going to protect your tablet if it rains? Want to be like Apple and save big money on taxes? Hire a tax attorney! (Moskowitz) This is a trademark renewal scam. Don’t fall for it (Burns &… Read more »

Feds Implement New Identity Theft Rules for Banks and Investment Advisers – A JD Supra Q&A

“… the written identity theft program [must] be designed to detect, prevent and mitigate identity theft in connection with certain existing accounts or the opening of new accounts.” (Katten Muchin Rosenman) On May 20, 2013, identity theft red flag rules developed by the Securities and Exchange Commission and the Commodities Futures Trading Commission went into… Read more »

JD Supra Corporate Brief: BYOD Policies, Trade Secrets, Self-Disclosure, Supplier Breakdowns

Today’s efficiency tip: save time with email delivery of the JD Supra Corporate Brief. Click here to sign up. Key workplace issue in the era of Mad Men: employee BYOB policies. Key workplace issue today: employee BYOD policies (Pillsbury) Didn’t we end this relationship a long time ago? So why are you still using our… Read more »

JD Supra Corporate Brief: Workplace Harassment, Vicarious Liability, Resource Nationalism, Wild Kingdom

To go with today’s JD Supra Corporate Brief, we’d recommend a nice, full-bodied 2013 Arabica-Robusta blend from Brazil… How are companies responding to workplace harassment, discrimination and retaliation? Read this benchmark survey… (NAVEX Global) The European Union is on the cusp of implementing new rules that will require greater transparency on payments made in the… Read more »

JD Supra Corporate Brief: IRS Guidance, Shareholder Requests, Recess Appointments, Bank Secrecy

The bad news: It’s Monday. The good news: The JD Supra Corporate Brief is here. The legal news: below… The Supreme Court likes arbitration. A lot (Pepper Hamilton) This overview of new IRS guidance on “minimum value, affordability, and wellness programs” under Obamacare is a must-read for all employers (Mintz Levin) How to respond to… Read more »