Monthly Archives: August 2013

JD Supra Corporate Brief: Can Openers, Anti-Competitive Agreements, Free Trade, Leased Photocopiers

On August 16, 2010, China officially surpassed Japan as the world’s second-biggest economy, just three decades after Deng Xiaoping opened the country to foreign investment, private competition, and the “socialist market economy.” This is why you don’t want to challenge a patent attorney to an argument… (Fenwick & West) 2015 will be here before you… Read more »

JD Supra Corporate Brief: Secured Creditors, Trade Secrets, Employer Mandate, Compulsory Dissolution

Happy birthday, Justice Breyer! “Freedom’s just another word for not printin’ out the code” – employee’s fate changed the moment he pressed “print” to get a hard copy of the stolen trade secrets… (Orrick) Maybe the one-year delay of the ACA Employer Mandate isn’t such a good thing after all for companies… (BakerHostetler) Picture this:… Read more »

JD Supra Corporate Brief: Wal-Mart Employees, Rogue CEOs, Infinite Loops, Zimbabwe Expropriations

On this day in 1935, the Social Security Act took effect, creating the nation’s government-run retirement pension. Déjà vu all over again: a federal judge just struck down another proposed class of female Wal-Mart employees… (Orrick) CEO gone rogue? Here’s what to do… (LEVICK) Cybersecurity framework, consumer privacy, taxes, and other key issues facing the… Read more »

JD Supra Corporate Brief: FTC Approval, Gray Market, Personal Email, Say-on-Pay Lawsuits

Haven’t signed up yet for email delivery of the JD Supra Corporate Brief? What on earth are you waiting for? Why would a buyer want FTC blessing of an acquisition that falls below the HSR reporting threshold? (Perkins Coie) It’s not smoke and mirrors: gray market goods have indeed gotten a little less gray… (Quinn… Read more »

Is a Private Equity Fund Responsible for the Pension Obligations of a Bankrupt Portfolio Company?

“… the First Circuit found that the Sun Capital fund having a 70 percent ownership interest in SBI had ‘undertaken activities as to the [Scott Brass Inc. (SBI)] property,’ became ‘actively involved in the management and operation’ of SBI, and that the general partners of the funds had authority to make decisions about ‘hiring, terminating,… Read more »

JD Supra Corporate Brief: SEC Violations, Payday Lending, NFL Licensing, Cloud Computing

Heading back to the office on a Monday morning can be tough. That’s where coffee and the JD Supra Corporate Brief come in… It’s getting harder and harder to “neither admit nor deny” SEC violations… (Holland & Knight) The SEC has a new partner in corporate crime-fighting… (DLA Piper) New York is mounting an aggressive… Read more »

JD Supra Corporate Brief: Self-Reporting, Market Manipulation, Green Chemistry, BYOD Privacy

On August 9, 1892, Thomas Edison is granted a patent for the two-way telegraph, one of the nearly 1,100 patents the inventor received in the United States.  Any business that stores consumer credit card numbers and other personal information should study carefully the $18 million FCRA ruling against Equifax… (Mintz Levin) So here’s the deal:… Read more »

JD Supra Corporate Brief: False Advertising, Dodd-Frank, I-9 Investigations, Cyber Insurance

On this day in 1974, President Richard Milhous Nixon became the only US president to resign from office. Compliance with federal nutrition labeling laws doesn’t always shield a company from false advertising claims – just ask Coke… (Loeb & Loeb) What’s on the horizon for the Qualified Residential Mortgage? We should know soon… (Dechert) As… Read more »

Yes, Videos that Explain the Complexities of IP Transactions Can Also Be Entertaining…

[Link: What is Licensed Property? – Shearman & Sterling LLP] Maybe you’re transferring intellectual property rights as part of a larger M&A deal, or drafting a distributorship agreement with a technology supplier – or maybe you just love a clever, informative “how-to” video. Either way, you’re in luck. This fantastic series of videos on licensing,… Read more »

JD Supra Corporate Brief: Chinese Anti-bribery Enforcement, ITC Order Veto, Export Control Laws, Food Safety Whistleblower

Did you know you can get the JD Supra Corporate Brief delivered to your digital doorstep, every day of the work week? Click here to sign up. In the meantime, enjoy today’s edition, hot off the presses: US authorities have probably prosecuted more American companies for bribery in China than have the Chinese – but… Read more »

JD Supra Corporate Brief: Obesity Claims, Stock Options, HIPAA Rules, China Compliance

August 6, 1965: President Lyndon Johnson signed the Voting Rights Act into law. 48 years later, in Shelby County v. Holder, the US Supreme Court struck down as unconstitutional a key section of the Act, the formula used to determine which jurisdictions were required to obtain approval before changing voting laws. Nine insurance groups have… Read more »

JD Supra Corporate Brief: White House, Unauthorized IP, Stem Cells, Broadcast TV

Stop right there: on this day in 1914, the first electric traffic light was installed in Cleveland, Ohio… The White House has to act quickly to correct a recent “dangerous” ruling from the ITC on standard-essential patents… (Orrick) Unauthorized IP in your supply chain can be costly… (White & Case) The OECD wants to change… Read more »

Corporations May Lose Billions of Dollars in International Tax Advantages if OECD Plan is Implemented…

“New standards must be designed to ensure the coherence of corporate income taxation at the international level.” (DLA Piper) Apple, Microsoft, Nike, Google, Starbucks, Amazon – a number of US companies have recently come under fire for minimizing corporate taxes by shifting revenue and profits around the world. But they aren’t doing anything illegal by… Read more »

JD Supra Corporate Brief: Sun Capital, Foreign Investment, China Copyrights, Effective Compliance

It’s Friday, and the weekend’s not far behind. Sounds like a good reason to celebrate, with the JD Supra Corporate Brief! An appeals court just found that PE fund Sun Capital was engaged in a “trade or business” in a ruling that could have drastic implications for the private equity industry… (JD Supra Contributors) Lawmakers… Read more »

JD Supra Corporate Brief: Prohibited Persons, Conflict Minerals, Food Labels, Frequent Flyers

Looking for the latest business law news? Look no further: As many as 50,000 names of “prohibited persons” are included on the US, UK, EU, and UN sanctions lists… (Michael Volkov) The CFTC’s new guidance on how Dodd-Frank Act requirements will apply to cross-border swap activities is the agency’s most complicated undertaking in the past… Read more »