Professional Practice

Last Year

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Released on: Jul. 17, 2012

Taken from the briefing A Capital Idea? Proposed Changes to the U.S. Regulatory Capital Framework recorded July, 2012. On June 12, 2012, the Federal banking agencies formally proposed for comment, in three separate but related proposals, significant changes to the U.S. regulatory capital framework: the Basel III Proposal, which applies the Basel III capital framework to almost all U.S. banking organizations; the Standardized Approach Proposal, ...

Released on: Oct. 17, 2012

Taken from the briefing Akamai-McKesson: The En Banc Federal Circuit Takes on "Divided Infringement" recorded October, 2012. Who can be liable for patent infringement, when only the combined actions of multiple entities (but none of them individually) perform the steps required by the patent? In recent years, such a question of so-called “divided” patent infringement has created complexities for patent owners - most ...

Released on: Oct. 12, 2012

Taken from the briefing A New "Must-Do" for Children's Products Manufacturers and Importers: Developing a CPSC-Compliant Product Testing and Certification Program 2012 recorded September, 2012. Consumers insist that the children’s products that they purchase are safe and comply with all product safety standards. Retailers mandate that their children’s product suppliers certify that all such products are compliant with all ...

Released on: Jun. 27, 2012

Taken from the briefing Antitrust Enforcement in the Health Care Industry: Current FTC and DOJ Activities recorded June 2012. With health care costs seemingly spiraling out of control, federal antitrust regulators have turned a watchful eye to the health care industry.  The FTC and DOJ have made it clear that they will aggressively challenge both new transactions and established practices they believe threaten competition.  The last ...

Released on: Aug. 29, 2012

Taken from the briefing Are You Ready to Enter the U.S. Biosimilars Pathway? recorded August, 2012. The U.S. Biosimilars legislation was signed into law in March 2010.  The FDA published draft Guidance documents to implement Biosimilars in the Spring of 2012.  With many biologic drugs poised to come off patent in the next few years, Biotech and Biosimilars companies are preparing to test the U.S. Biosimilars system.  Several ...

Released on: Dec. 18, 2012

Taken from the briefing Basics of Export Controls 2012 recorded December, 2012. U.S. and multinational corporations are increasingly affected by the range of U.S. laws and regulations governing international trade. The Commerce Department's Bureau of Industry and Security (BIS), the State Department's Directorate of Defense Trade Controls (DDTC), and the Treasury Department's Office of Foreign Assets Control (OFAC) each plays an important ...

Released on: Jul. 24, 2012

Taken from the briefing Big Data Business Models recorded June, 2012. The amount of digital information in the world has increased exponentially in recent years, growing at a 60% CAGR, according to IDC.  Big Data refers to this data overload and the challenges (and opportunities) presented in trying to effectively deal with this new reality. Accordingly, the potential Big Data market is vast, estimated at $100 billion in a recent Bank ...

Released on: Jul. 11, 2012

Taken from the briefing Buying Patents by the Pound: Today's Patent-Acquisition Boom and Tomorrow's Antitrust Consequences recorded June, 2012. The market for patents is hotter than it has ever been, particularly in technology fields such as cellular telephony and internet searching.  Recently Microsoft, Google, Facebook, Motorola and other major companies have been involved in multi-billion dollar patent portfolio transactions.  ...

Released on: Aug. 3, 2012

Taken from the briefing Calling all DREAMers recorded July, 2012. The DREAM Act was first introduced in 2007 and has subsequently been reintroduced annually since 2009.  The Act aims to provide conditional permanent residence to individuals who were brought to the U.S. as children to continue their education, leading to the possibility of permanent residence.  The Act, however, has yet to become law.  In furtherance of DHS’s ...

Released on: Sep. 25, 2012

Taken from the briefing Catching Up on Clawbacks recorded September, 2012. Since the introduction of compensation recovery (“clawback”) requirements in the Sarbanes-Oxley Act of 2002, corporate America has been moving inexorably towards mandatory clawback policies. Not only have institutional investors and their advisors promoted the adoption of these policies, the recent spotlight on managing compensation-related risk has underscored ...

Released on: Jun. 7, 2012

Taken from the briefing Civil Enforcement Cases: Emerging Trends and Issues in the Wake of the Financial Crisis recorded May 2012. In recent years, many practitioners have anticipated criminal prosecutions related to the Financial Crisis.  Often overlooked, however, are the significant civil enforcement actions that have been brought in this area.   Lecture Topics  [Total Time: 01:06:00] Discovery tools available ...

Released on: Jul. 31, 2012

Taken from the briefing Climate Change and Insurance: What's Ahead? recorded July, 2012. Climate change has become a leading issue in scientific, political, and legal circles, and this has profound implications for insurance. As the science and politics continue to evolve, climate change continues to emerge as a risk. Emitters of greenhouse gases may face climate change-related claims, while insurers face potential enterprise liability and ...

Released on: Aug. 2, 2012

Taken from the briefing Compliance with Disability Accessibility Requirements When Buying or Selling Instructional Technology: A Legal, Policy and Technical Primer for Lawyers recorded July, 2012. Persons with disabilities are demanding and obtaining legal rights to access and use instructional technology products. This is particularly true in the educational arena. However, the road to product accessibility is paved with a confusing and sometimes ...

Released on: Aug. 23, 2012

Taken from the briefing Contracts for Green Buildings: Solving the Split Incentive Problem and Contracting Well for Green Performance recorded August, 2012. With the increased popularity of LEED-certified buildings and other green aspects of building, contracting or leasing for green has increased in complexity.  Many commercial leases are structured in a manner that actually discourages energy saving improvements, and we will discuss ...

Released on: Aug. 8, 2012

Taken from the briefing Corporate Crime: Southern Union v. United States and Other Key Supreme Court Decisions of the 2011-2012 Term recorded June, 2012. On June 21, 2012, the Supreme Court decided Southern Union v. United States, holding that the Apprendi rule extends to facts that increase the maximum fines in criminal cases. Apprendi ruled that “any fact that increases the penalty for a crime beyond the prescribed statutory maximum,” ...

Released on: Oct. 10, 2012

Taken from the briefing Dodd-Frank Act's Conflict Minerals Provisions: Analysis of Due Diligence and Reporting Requirements recorded September, 2012. Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act established reporting obligations for issuers that manufacture or contract to manufacture products that include conflict minerals from the Democratic Republic of the Congo and its neighboring countries.  These provisions ...

Released on: Dec. 12, 2012

Taken from the briefing Doing Business in the Middle East 2012 recorded November, 2012. The Middle East has been a cross roads between the East and West for thousands of years. Despite its turbulent politics, it continues to be a place of opportunity, which is predicted to outperform Europe and the US in the near term. This Briefing will provide a general introduction to doing business in the Middle East, review its legal system, and discuss ...

Released on: Jun. 28, 2012

Taken from the briefing Energy Deal Making: Current Trends and Tensions recorded June 2012. A high level of oil and gas deal activity continues and reflects the current oversupply of natural gas, a keen continuing interest in oil and natural gas liquids with significant additional drilling potential, and deal risks raised by various regulatory developments.  Deal terms reflect different approaches to address these issues. Lecture ...

Released on: Aug. 1, 2012

Taken from the briefing Engagement Letters: Addressing Conflicts and Other Thorny Issues Before They Arise recorded July, 2012. During difficult economic times, when lawyers and their firms feel a particularly strong urge to develop new business, great care must be taken to identify and manage present and potential future conflicts.  Careful preparation of the opening engagement letter is the first and typically the best way to manage ...

Released on: Dec. 20, 2012

Taken from the briefing Fashion Law - The Global Challenge recorded December, 2012. The fashion and retail industries face significant and distinctive challenges.  These companies operate in a global marketplace characterized by shifting consumer preferences, rapid technological advances and omnichannel purchasing options.  This program will discuss the dominant trends in the fashion and retail industries and how those trends shape ...

Released on: Nov. 1, 2012

Taken from the briefing FATCA: The Deadline Looms... Will You Be Ready? recorded October, 2012. In the wake of the massive criminal tax prosecutions of UBS and other foreign firms by the Department of Justice in the late 2000s, Congress enacted FATCA to combat tax evasion by U.S. persons and to deter the facilitation of tax evasion by foreign financial institutions (“FFIs”).  To achieve these goals, FATCA requires that foreign ...

Released on: Dec. 26, 2012

Taken from the briefing FCPA Due Diligence in Cross-Border Transactions recorded December, 2012. With stricter enforcement of the FCPA and the increase in cross-border acquisitions and multinational strategic alliances, companies are increasingly finding that due diligence takes on a whole new level of importance. Business practices vary from market to market, but acquirors need to be prepared for the challenges that they may face in evaluating ...

Released on: Jul. 25, 2012

Taken from the briefing Financial Institution Planning and Compliance Under Dodd-Frank: Putting the Pieces Together recorded July, 2012. The Dodd-Frank Act calls on banks to put in place new risk management regimes, conduct stress tests, and submit plans in several areas, including capital, liquidity, resolution planning, and compliance with the Volcker Rule.  The regulators have begun to understand how these requirements relate, and ...

Released on: Jun. 14, 2012

Taken from the briefing Force-Placed Insurance: Current Trends Following the Financial Crisis recorded May, 2012. Borrowers who finance the purchase of a home, vehicles or personal or commercial property are generally required to maintain insurance on that property to protect the lender’s interest in the property as collateral for the loan.  When the borrower fails to do so, or its existing insurance policy lapses, the lender is  ...

Released on: Aug. 9, 2012

Taken from the briefing From False Claims Act to FIRREA: The Government's Expanding Enforcement Arsenal Against Financial Institutions 2012 recorded July, 2012. In its pursuit of financial fraud, the Department of Justice has recently "rediscovered" civil enforcement statutes that have not traditionally been applied in the context of financial fraud, particularly the False Claims Act, FIRREA, and the Fraud Injunction Statute. Listen ...