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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: 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: 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: 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: 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 ...

Released on: Mar. 7, 2013

Taken from the briefing Health Care Reform: An Employer's Essential Guide recorded February, 2013. Guidance on health care reform is coming in fast and from all angles.  The departments of Health and Human Services, Treasury and Labor have recently been releasing proposed rules in droves, with much more to come on the horizon.  Employers must already contend with several of the new rules, and other looming requirements will become effective ...

Released on: Apr. 18, 2013

Taken from the briefing High-Stakes Corporate Compliance: Reducing Risk and Managing Potential Sanctions recorded April, 2013.The past few years have seen significant increases in compliance-related investigations, suspensions and debarments, and other actions by government agencies, regulators, and law enforcement. Many government enforcement actions focus on perceived weaknesses in corporate ethical culture, and require the appointment of independent ...

Released on: Mar. 22, 2013

Taken from the briefing International Banking, Part II: Foreign Banks Accessing the U.S. Markets recorded March, 2013. Foreign banks are increasingly seeking to diversify their financing opportunities.  With careful planning, banks can access U.S. investors without subjecting themselves to the securities registration requirements applicable to public offerings and to ongoing disclosure and governance requirements applicable to U.S. reporting ...

Released on: Apr. 4, 2013

Taken from the briefing International Banking, Part III: SEC Registration for Foreign Banks recorded March, 2013. Foreign banks seeking to diversify their financing opportunities may consider SEC registration. This briefing will focus on the registration process; disclosure considerations for financial institutions; and compliance, governance and ongoing reporting. Lecture Topics  [Total Time: 01:05:06] The registration process and ...

Released on: Apr. 16, 2013

Taken from the briefing International Banking, Part IV: Foreign Banks Issuing Covered Bonds into the U.S. recorded March, 2013.Despite the sovereign crisis and heightened volatility, the covered bond market remains very attractive.  Foreign banks continue to access the U.S. markets with covered bond offerings.  We will discuss the market environment, the legal and regulatory considerations, and the process for an exempt offering by a foreign ...

Released on: Mar. 27, 2013

Taken from the briefing Life Sciences M&A: You are Not Buying Widgets - Special Considerations that You Need to Know to Buy and Sell Life Sciences Companies or Assets recorded March, 2013. Handling an acquisition or divestiture deal involving pharmaceutical products, biologics, medical devices, diagnostics or the like can be challenging. These deals often involve critical intellectual property and complex regulatory assets and/or third party ...

Released on: May. 20, 2013

Taken from the briefing Managing Litigation: How Advance Planning Will Best Serve You in Getting Ready for Your Next Trial recorded April, 2013.Litigation in both Federal and State Courts has become increasingly difficult, expensive and challenging due to procedural, economic and “cultural” realities. Whether planning for a jury or court-tried case, technology has changed the “playing field” for trial lawyers and their clients. Experienced litigators ...

Released on: Mar. 14, 2013

Taken from the briefing Mediation and Settlement - Real World Strategies recorded February, 2013. Mediation is an alternative to litigation increasingly demanded by both judges and clients.  Lawyers who are experts in taking depositions or trying cases often find themselves in unfamiliar territory in a mediation or settlement negotiation, where the required skill set is a combination of advocacy, psychology, and poker.  Lecture Topics  ...

Released on: Mar. 26, 2013

Taken from the briefing Navigating the Requirements for Derivatives Trading: Title VII of Dodd-Frank recorded March, 2013. Now that the rulemaking relating to Title VII of the Dodd-Frank Act has been nearly finalized, market participants are preparing themselves to function in a very different derivatives market.  Title VII imposes a comprehensive regulatory framework for derivatives, and requires both end-users and dealers to adopt new compliance ...