Monthly Archives: November 2013

Recap: What Anti-Corruption Authorities Want In-House Lawyers and Compliance Officers to Know About Enforcement

Did you miss the 30th International Conference on the Foreign Corrupt Practices Act earlier this month? Not to worry: attorneys at Akin Gump have distilled some of the key discussions into a series of helpful updates on anti-corruption and bribery compliance. Highlights: •  Expect more settled administrative procedure cases: “[Kara Brockmeyer, Chief of the SEC’s… Read more »

JD Supra Corporate Brief: Stopping 23andMe Sales, Buying Privacy Liabilities, Changing Proxy Policies, Approving REIT Conversions

On November 27, 1924, the very first Macy’s Thanksgiving Day parade was held. As it should be… Happy Holidays! The FDA is routinely criticized in cases where regulation is perceived to stymy innovation. Shutting down 23andMe isn’t one of them… (Andrew Ittleman and Kelly Lightfoot, JD Supra Perspectives) Every mobile app that glitters is not… Read more »

IRS Rules on Real Estate Investment Trust Conversions – Do You Have The REIT Stuff?

“In recent years, there has been a considerable expansion of the types of companies holding non-traditional real estate assets that have elected to become real estate investment trusts for US federal income tax purposes.” (Laurence Crouch and Eileen O’Pray of Shearman & Sterling) For the right business, converting to a Real Estate Investment Trust (a… Read more »

JD Supra Corporate Brief: Conflict Minerals, Google Glass, 3-D Printing, Pay Gap

Get a head start on your holiday shopping: sign up for email delivery of the JD Supra Corporate Brief today! Can’t determine the origin of your conflict minerals? There’s a description for that: “DRC conflict undeterminable”… (Jill Radloff at Leonard, Street and Deinard) How will the rise of Google Glass impact e-discovery? (Michele Lange, JD… Read more »

“Banging the Close”? “Spoofing”? Call It What You Want – It’s Illegal And The CFTC Will Catch You…

Earlier this month, the Commodity Futures Trading Commission sued Donald Wilson and his company, DRW Investments, for manipulating the IDEX USD Three-Month Interest Rate Swap Futures Contract, using two methods known as “banging the close” and “spoofing.” Attorney Felix Shipkevich of Shipkevich PLLC explains: “The CFTC defines ‘banging the close’ as: a manipulative or disruptive trading… Read more »

JD Supra Corporate Brief: Whistleblower Protection, India Antitrust, Office Parties, REIT Conversions

On this day in 1999, the United Nations established November 25 as the International Day for the Elimination of Violence Against Women. To remain relevant, the Office of the Whistleblower will need to continue to raise awareness of its mission… (Randy Stephens at NAVEX Global) What do multinationals need to know about India’s Competition Act?… Read more »

Here’s How to Stop Your Office Party from Turning Into a Legal Nightmare…

“36% of employers report employee misconduct at holiday parties.” (Albert Brannen of Fisher & Phillips) Sexual harassment, fights between co-workers, employees driving home drunk – the list of potential liabilities is enough to make an employer consider cancelling the annual holiday party altogether. But if doesn’t have to be that way. Not if you follow… Read more »

JD Supra Corporate Brief: Attorney-Client Privilege, Brazil Corruption Law, Patent Troll Bill, JP Morgan Settlement

Dateline, November 22, 1963: President John F. Kennedy is assassinated in Dallas, Texas. Avoid embarrassment! Impress your friends! Know the difference between warranty and indemnity! (Richard Hsu at Shearman & Sterling) Who owns attorney-client privilege after a merger? (Herbert Kozlov and Edward Prokop at Reed Smith) Brazil’s new anti-corruption law goes into effect soon –… Read more »

JD Supra Corporate Brief: Fair Use, In-House Whistleblowers, Mortgage Lenders, Tick Sizes

Great Moments in Internet history: on November 21, 1969, the first permanent ARPANET link is established between UCLA and the Stanford Research Institute (SRI). Your lease might be more important to the success of your business than you think… (Jeff Moerdler at Mintz Levin) Influential court of appeals says in-house lawyers shouldn’t use privileged information… Read more »

JD Supra Corporate Brief: Social Media, Virtual Currencies, Patent Trolls, Generic Drugs

On this day in 1974, the Department of Justice filed its final antitrust suit against the AT&T Corporation, leading to the breakup of AT&T and its Bell System. Have a social media policy? You’ll want to add these items… (JD Supra Perspectives) Sure, Bitcoins and other virtual currencies present tantalizing investment opportunities, but look before… Read more »

FDA’s Proposed Rule on Generic Drug Labeling Could Sow Confusion and Chaos (and Lawsuits)

The FDA wants to give generic drug makers the same labeling authority as their branded peers. Attorneys Erin Bosman, James Huston, and Julie Park of Morrison & Foerster explain: [T]he U.S. Food and Drug Administration (FDA) published a long-awaited proposed rule … in an effort to ‘create parity’ between brand-name and generic manufacturers for their… Read more »

JD Supra Corporate Brief: EU Trade Secrets, Social Media Firings, Common Whistleblower Complaints, Chief Compliance Officers

For the record, Tuesday is in fact Newsday here at JD Supra… Enjoy! The EU just took a significant step closer to uniform protection of trade secrets… (Orrick) Turns out that sometimes it’s OK to fire employees based on their social media activity… (Stephen Asay at Pillsbury) Good news for proponents of California’s cap-and-trade auction…… Read more »

JD Supra Corporate Brief: DOL Investigations, Risk Management, EU-China Treaty, Food Labels

Happy Birthday, Mickey Mouse! Say what you want about the FCPA, but don’t call it anti-business… (Randy Stephens at NAVEX Global) “Uh, yeah, there’s a man here who says he’s from the Department of Labor… What do I do?” (Eric Su at Ogletree Deakins) Now more than ever, banks must adopt risk management processes that… Read more »

JD Supra Corporate Brief: Dumping Claims, Free Trade, Ethics Rules, Data Privacy

Looking for law news? You’re in luck: A change in the way the US Commerce Dept reviews dumping claims could be costly to smaller exporters… (Harry Clark and Clark McFadden at Orrick, Herrington & Sutcliffe) Europe and the US have entered a second round of negotiations over an EU-US free trade agreement… (Aline Doussin and… Read more »

3 Rules of Thumb When Investigating Bullying in the Workplace

Whatever the outcome, one thing is certain: Richie Incognito’s alleged abuse of fellow Miami Dolphin Jonathan Martin has lifted the curtain on bullying and intimidation in the workplace. And on an employer’s obligation to stop it. From attorneys at Hopkins & Carley: For employers, the lessons of the Jonathan Martin case are simple and clear.… Read more »