Professional Practice

On-Demand Learning

This Year

Audio Only Web Programs

Released on: Feb. 7, 2013

Taken from the briefing 10b5-1 Trading Plans and Insider Trading Under the Spotlight: Key Issues Companies and Executives Must Consider recorded January, 2013. A recent front page article in the Wall Street Journal entitled “Executives’ Good Luck in Trading Own Stock” reported that, based on the review of thousands of trades by corporate insiders, many executives appear to have done suspiciously well buying and selling their companies’ ...

Released on: May. 22, 2013

Taken from the briefing Kiobel v. Royal Dutch Petroleum Co.: Supreme Court Sets New Limits on Extraterritorial Human Rights Suits recorded May, 2013.On April 17, 2013, the Supreme Court held in Kiobel v. Royal Dutch Petroleum Co. that the Alien Tort Statute (ATS), which allows suits in federal courts for violations of international law (including international human rights law), is subject to the presumption against extraterritoriality. Chief Justice ...

Released on: Apr. 25, 2013

Taken from the briefing Kirtsaeng v. John Wiley & Sons, Inc.: First Sale Doctrine Applies to Goods Made Abroad and Imported Without the Permission of the Copyright Holder recorded April, 2013.On March 19, 2013, the United States Supreme Court in Supap Kirtsaeng v. John Wiley & Sons, Inc. reversed the Second Circuit Court of Appeals and held (6-3) that the first sale doctrine set forth in 17 U.S.C. § 109(a) of the Copyright Act applies to goods ...

Released on: May. 21, 2013

Taken from the briefing Sierra Club v. EPA: Clean Air Act Permitting Becomes Even More Complicated and Onerous recorded May, 2013.On January 22, 2013, the court in Sierra Club v. EPA, No. 10-1413 (D.C. Cir. Jan. 22, 2013) issued a decision with far reaching implications for sources seeking a Clean Air Act permit under the Prevention of Significant Deterioration (PSD) program. The decision addressed two screening tools – Significant Impact Levels (SILs) ...

Released on: Mar. 19, 2013

Taken from the briefing ADA and Mental Disorders: Employee Threats and Violence, Employer Assessments and Accommodations recorded March, 2013. Threats of physical harm in the workplace may arise in a variety of ways, none benign. They range from bullying behavior to blatant homicidal and suicidal statements. Typically, employers must contend with a threatening and aggressive employee while under considerable pressure to take action quickly. Employers ...

Released on: Feb. 19, 2013

Taken from the briefing Affordable Care Act: Compliance Program Considerations for Health Care Providers recorded February, 2013. Compliance efforts are heating up under the Affordable Care Act (ACA).  Enforcement activities at both the state and federal level are on the rise making compliance programs and plans for the health care industry a must.  Under the ACA, mandatory plans will be required for certain providers by March 23, 2013.  ...

Released on: Feb. 1, 2013

Taken from the briefing America Invents Act Pro Bono Program for Inventors and Small Businesses recorded January, 2013. The America Invents Act (AIA) requires that the Director of the United States Patent and Trademark Office (USPTO) work with local intellectual property (IP) organizations across the country in establishing pro bono patent application services for inventors and small businesses. Since the passage of this bill, four pro bono programs ...

Released on: Feb. 20, 2013

Taken from the briefing American Taxpayer Relief Act of 2012: Permanency at Last? recorded February, 2013. On January 1, 2013, Congress passed the American Taxpayer Relief Act of 2012, and President Obama signed the Act into law on January 2, 2013. Sanford (“Sandy”) J. Schlesinger, the founding partner of Schlesinger Gannon & Lazetera LLP, will discuss the transfer tax aspects of the Act. Lecture Topics  [Total Time: 01:01:35]  ...

Released on: Feb. 6, 2013

Taken from the briefing Art of the Deal 2.0 - Web 2.0 Issues in Technology Acquisitions recorded January, 2013. Web 2.0 has introduced a new breed of assets to the 21st century.  M&A lawyers who once sold plant and equipment, then trademarks, copyrights, and patents, now need to be expert in the acquisition of these elusive assets.  Yet practice in this area has yet to adapt to Friends, Channels, and App Ratings.  This briefing ...

Released on: May. 8, 2013

Taken from the briefing Choices of Law in Acquisitions Agreements: U.S. vs. U.K. recorded April, 2013.What are the key differences between U.K. and U.S. law with respect to acquisition agreements? These days the M&A community is ever more focused on this question, as these differences are becoming of increasing commercial and strategic importance in sale processes, particularly auction sales where seller often gets to select the governing law. ...

Released on: May. 30, 2013

Taken from the briefing Crisis Management - A View from Inside and Outside the U.S. recorded May, 2013.Crises are unpredictable but not unmanageable. In recent years, we've seen numerous corporate crises in the headlines, some of which have caused significant damage to companies, and highlighted the critical role of the general counsel as crisis manager. Although a corporate crisis can be a turning point for any company, it does not need to end badly. ...

Released on: Apr. 22, 2013

Taken from the briefing Cybercrime: A Multi-Faceted Legal Challenge recorded April, 2013.Every day, more and more of our lives and our business is conducted online. It should come as no surprise, therefore, that savvy criminals are increasingly looking to the digital world as well. Each day brings new headlines about the growing threats posed by cybercriminals, ranging from thefts of personal information and intellectual property, to disruptive denial ...

Released on: Apr. 3, 2013

Taken from the briefing Defending Corporations and Executives in Congressional Investigations 2013 recorded March, 2013. Congressional investigations, in which corporate executives are called to account by Congress in televised hearings, have long been a fixture of American politics. And they often exact a steep price for individual corporate executives and the companies they represent. Yet few corporations are as prepared to handle congressional ...

Released on: May. 23, 2013

Taken from the briefing Distressed IP: Buying, Selling and Licensing Intellectual Property in Distressed Situations recorded May, 2013.The aftermath of the financial meltdown and the continued financial instability around the world give rise to potential opportunities, as well as risks, relating to intellectual property transactions. High-profile bankruptcy filings by global technology companies, such as Nortel and Kodak, followed by the offering ...

Released on: Mar. 12, 2013

Taken from the briefing Doing Business in Russia recorded February, 2013. As one of the world’s most important and growing economies, Russia continues to be a significant destination for global investment. Russia is a country rich in natural resources that has a highly-skilled and well-educated work force. Over the past decade, the Russian economy has demonstrated growth at rates exceeding most developed countries, doubling disposable ...

Released on: Apr. 30, 2013

Taken from the briefing Drafting New York Choice of Law and Choice of Court Clauses in International Commercial Transactions: An Update After IRB v. Inepar recorded April, 2013.Parties engaged in international business transactions often consider choosing New York law to govern their agreements and New York courts to hear any disputes arising out of the transaction. In its recent decision in IRB v. Inepar, New York’s highest court made it clear that ...

Released on: Feb. 11, 2013

Taken from the briefing Empty Voting and the TELUS Experience recorded January, 2013. Empty voting has enormous corporate governance implications.  We rely on the fact that shareholders will vote rationally, in their own economic interest in the issuer.  If the shares are voted at a shareholder meeting by persons who do not have commensurate economic exposure to the company (in other words, if the shares and the economic interest associated ...

Released on: Mar. 13, 2013

Taken from the briefing ERISA Controlled Group Liability for Private Equity Funds: Fully Covered or Over Exposed? recorded February, 2013. The presentation will focus on the court and administrative decisions addressing whether ERISA's controlled group liability provisions expose investment fund assets (including minority investments) to the pension plan liabilities of distressed portfolio companies. Lecture Topics [Total Time: 01:02:55]  ...

Released on: May. 9, 2013

Taken from the briefing Europe's New Unitary Patent Regime: One Patent, One Court recorded April, 2013.Now that 24 EU member states have signed an international treaty establishing a European unified patent court, Europe’s dream of a unified patent system is moving closer to reality. If enough participating states ratify the agreement, the EU will get a new Unitary Patent right - taking effect via a single application throughout most of the EU - and ...

Released on: Apr. 2, 2013

Taken from the briefing Europe for Sale? European M&A Opportunities and Challenges in 2013 recorded March, 2013. Against a backdrop of economic and political uncertainty, the European capital markets are undoubtedly in turmoil. Valuations of many European companies have slipped and several companies are seeking to divest non-core businesses and operations to improve their balance sheets. In addition, some European companies are nearing the ...

Released on: Feb. 12, 2013

Taken from the briefing FERC: Policing the Physical Energy Markets recorded January, 2013. The Federal Energy Regulatory Commission (FERC) became an enforcement agency in 2005 when Congress enacted the Energy Policy Act, which authorized the agency, inter alia, to impose million-dollar a day penalties and police against manipulation of the physical electric energy and natural gas markets.  FERC implemented this authority by issuing policy ...

Released on: Feb. 28, 2013

Taken from the briefing Final FATCA Regulations: What Hedge Funds and Private Equity Funds Need to Know recorded February, 2013. The FATCA regime represents the IRS’s far-reaching effort to require “foreign financial institutions,” including offshore investment vehicles, to assist it in enforcing the US tax obligations of US persons. The lengthy final FATCA regulations were published on January 17, 2013. The FATCA regime will ...

Released on: May. 6, 2013

Taken from the briefing Financial Firms as ERISA Plan Sponsors - The When, What and How of the QPAM Audit Requirement recorded April, 2013.Starting in 2012 when a Department of Labor amendment of the Qualified Professional Asset Manager (“QPAM”) prohibited transaction class exemption became effective, a new requirement was imposed on financial firms when managing assets of ERISA plans they maintain for their own employees. These firms now must undergo ...

Released on: Jan. 4, 2013

Taken from the briefing FCPA Due Diligence in Cross-Border Transactions recorded December, 2012. On November 14, 2012, the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) released their much-anticipated Resource Guide to the Foreign Corrupt Practices Act, a self-described “unprecedented undertaking … to provide the public with detailed information about our FCPA enforcement approach and priorities.”  ...

Released on: Apr. 24, 2013

Taken from the briefing Foreign Filing Best Practices: An Update on the Patent Cooperation Treaty recorded April, 2013.With today’s global industries and markets, foreign patent protection is an essential part of IP strategy. Since entering force in 1978, the Patent Cooperation Treaty (PCT) has been a popular route for applicants acquiring patent rights in different countries because of the distinct advantages that the PCT offers versus the Paris ...