Monthly Archives: October 2013

Lawsuits, Drilling Bans, and Other Issues Shaping the Future of Fracking in the US

“Lawmakers are heavily divided when it comes to the regulation of hydraulic fracturing. Currently, there are twelve bills in Congress that address the regulation of oil and natural gas operations.” (Peter Whitfield at BakerHostetler) Although the hydraulic fracturing process has been around since the late 1940s, it’s only been in the last 15 years or… Read more »

JD Supra Corporate Brief: Cuban Wins, Rabobank Pays, FDIC Warns, Australia Repeals

This day in legal history: on October 31, 2002, a federal grand jury indicts former Enron CFO Andrew Fastow on 78 counts of wire fraud, money laundering, conspiracy, and obstruction of justice related to the company’s collapse. Scary! Fake Graveyards, Insulting Tombstones, & A Lawsuit Over Free Speech Violations… (Is That Legal?) It took the… Read more »

JD Supra Corporate Brief: European Cookies, Gene Patents, Reasonable Customers, Liquidity Requirements

Why wait for the holidays? Give yourself a gift today: an email subscription to the JD Supra Corporate Brief. It’s informative, entertaining, and – best of all – comes in your size… Those Europeans sure are particular about their cookies, aren’t they? (Cedric Burton, Christopher Kuner, and Anna Pateraki at Wilson Sonsini) The EEOC just… Read more »

JD Supra Corporate Brief: Crowdfunding Portals, FCPA Charges, President Obama, TCPA Filings

150 years ago today, the International Red Cross was formed in Geneva. Happy birthday! Running a crowdfunding portal isn’t for the faint of heart… (Brian Korn at Pepper Hamilton) Diebold just agreed to pay the SEC and the DOJ $48 million to settle criminal charges of violating the FCPA… (Max Chester, Pamela Johnston, and David… Read more »

JD Supra Corporate Brief: Revised Cybersecurity Framework, EU Data Protection, Conflict of Interest Lawsuits, HealthCare.gov Rollout

On October 28, 1919, the US Congress overrides President Woodrow Wilson’s veto of the Volstead Act, paving the way for Prohibition. Ten years later: Black Monday, when the Dow loses 13% in the Wall Street Crash of 1929. Coincidence? Feds continue to refine the country’s cybersecurity framework (Skadden Arps) How can a corporation engage in… Read more »

With New EU Data Rules to Protect Personal Info, US Companies May Have to Decide Whose Laws to Break

“Article 43a appears to be in reaction to the National Security Administration’s PRISM program, which was recently brought to light by Edward Snowden.” (Gerald Ferguson and Alan Pate of BakerHostetler) Earlier this month, the EU Parliament’s Civil Liberties Committee (LIBE) approved a set of proposed amendments to the EU Data Protection Regulation that could have… Read more »

JD Supra Corporate Brief: Crowdfunding Rules, Data Protection, Sleep Studies, Foreign Whistleblowers

It’s Friday, and that means a hearty helping of law news around the JD Supra breakfast table. Dig in! How to run an IPO while pursuing a private confidential auction of your company? Start with this video… (Cathy Birkeland at Latham & Watkins) The new SEC crowdfunding proposal: one small step for regulators, one giant… Read more »

New SEC Crowdfunding Proposal: One Small Step for Regulators, One Giant Step for Startups?

“Under the JOBS Act, the SEC was to propose equity crowdfunding rules by Dec. 31, 2012.” (Brian Korn of Pepper Hamilton) Did the Securities and Exchange Commission just break the crowdfunding logjam? On October 23, SEC commissioners unanimously agreed to propose a framework that will allow entrepreneurs and startups to raise capital via social media… Read more »

JD Supra Corporate Brief: FATCA Regime, Securities Dealers, EU Data, Vicarious Liability

Keep your eye on the markets today: both 1929’s Black Thursday and 2008’s Bloody Friday happened on October 24. You’ve got just enough time to read the JD Supra Corporate Brief before the opening bell … The FATCA tax regime will introduce US tax withholding risk into financial transactions that have almost no nexus to… Read more »

You Could Learn A Lot about SEC Enforcement Listening to Mary Jo White…

Securities and Exchange Commission Chair Mary Jo White is certainly keeping busy. In recent weeks she’s spoken to the Council of Institutional Investors, the National Association of Corporate Directors, and the Securities Enforcement Forum, among others. From lawyers writing on JD Supra, here’s what she had to say: The SEC wants more guilty pleas: “In… Read more »

How to Purchase Cyber Insurance

From attorney Roberta Anderson of K&L Gates, five tips that will help every organization sort through the process of buying cyber insurance: Get a Grasp on Risk Profile and Tolerance Look at Existing Coverage Purchase “Cyber” Insurance As Needed Spotlight The “Cloud” Remember The “Cyber”Misnomer Read the full update, How to Purchase “Cyber” Insurance, then… Read more »

JD Supra Corporate Brief: Do Not Track, TCPA Class Action, Slack Fill Law, Comprehensive Tax Reform

Forty years ago today, US President Richard Nixon agrees to turn over the Watergate tapes. As far as we know, he didn’t tell anyone he was going to erase more than 18 minutes of conversations before doing so… Hamlet as a 21st century CEO: “To track … or not to track. That is the question…”… Read more »

7 Things Every Entrepreneur Should Do to Protect Your Startup’s IP

“For a new venture […] an intellectual property portfolio may be the venture’s only major asset.” (Vern Francissen of law firm Lane Powell) You have an amazing startup idea and work is underway. Positive response from early adopters; you’re building a great team; things are looking good… But don’t overlook one key part to your… Read more »

JD Supra Corporate Brief: Social Media Disclosure, Federal Shutdown Costs, Shanghai Free-Trade Zone, Ireland Whistleblower Protections

Sign up for email delivery of the JD Supra Corporate Brief, and you’ll never go looking for law news again… Facebook, Twitter, YouTube, and LinkedIn provide a 24/7 outlet for corporate disclosure… (Akin Gump) Contractors may be entitled to recover costs arising from the federal shutdown, but they’ve got to act quickly… (Morrison & Foerster)… Read more »

5 Risks Every Private Equity Firm Needs to Manage

“[R]egulators and prosecutors are increasingly focusing on private equity firms.” (Jeffrey Legault, Mark Pedretti, and Pablo Quiñones at Reed Smith) Managing risk is nothing new in the private equity world. But federal and state regulators – and unhappy stakeholders in acquired companies – are upping the ante. From lawyers writing on JD Supra, here’s a… Read more »