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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: Jun. 14, 2013

Taken from the briefing Bowman v. Monsanto: Supreme Court Reinforces the Limits of the “Patent Exhaustion” Defense recorded May, 2013.On May 13, 2013, the U.S. Supreme Court released its unanimous decision in Bowman v. Monsanto Co. and reinforced the limits of the “patent exhaustion” doctrine. In its decision, the Supreme Court held that the patent exhaustion doctrine did not shield Indiana farmer Vernon Bowman’s unauthorized planting of Monsanto ...

Released on: Jun. 25, 2013

Taken from the briefing CLS Bank Int'l v. Alice Corp.: Federal Circuit Splits on Patent Eligibility of Computer-Implemented Inventions recorded June, 2013.On May 10, the Federal Circuit handed down a much-anticipated en banc ruling regarding the patent eligibility of computer-implemented inventions under 35 U.S.C. § 101.  In a per curiam opinion that is perhaps the most important § 101 jurisprudence since the Supreme Court's Bilski v. Kappos ...

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: 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: 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: Aug. 6, 2013

Taken from the briefing American Express v. Italian Colors: Supreme Court Says Basta! to Plaintiffs Seeking to Dodge Arbitration Agreements 2013 recorded July, 2013.On June 20, 2013, the Supreme Court of the United States re-visited the question of the extent to which a party to an otherwise enforceable arbitration agreement could wriggle free from the arbitrability requirement. The decision – American Express Co. v. Italian Colors Restaurant – builds ...

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: 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: 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: Jul. 30, 2013

Taken from the briefing Avoiding the Bite of the Unrelated Business Income Tax recorded July, 2013.The Unrelated Business Income Tax (UBIT) and the related concept of Unrelated Debt Financed Income (UDFI) pose formidable hurdles to lawyers and business people handling investment transactions for nonprofit organizations.  Understanding these concepts and some of the techniques for avoiding them, are the focus of this seminar.  We will ...

Released on: Aug. 21, 2013

Taken from the briefing Basel III: Complying with the New Rules recorded August, 2013.The federal banking agencies have just adopted comprehensive regulatory capital rules that will  implement Basel III in the U.S.  In turn, it is time for banking organizations to understand the new rules and bring themselves into compliance with them by the beginning of 2015 (2014, for the largest banking organizations).  The new rules make important ...

Released on: Jun. 13, 2013

Taken from the briefing Basel III and Derivatives Exposures: Understanding the Regulatory Capital Effects recorded May, 2013.The implementation of Basel III in the U.S. and in other jurisdictions may or may not be just around the corner, but it is none too soon for banking organizations to embark on the process of understanding how the evolving regulatory capital regime will affect their balance sheets and operations. One key area of impact will ...

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: 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: Jul. 3, 2013

Taken from the briefing Catch Phrase or Trademark Infringement? A Trap for the Unwary recorded June, 2013.The recent 2nd Circuit opinion in Kelly-Brown v. Oprah Winfrey, __F3d__, 2013 WL 2360999 (2d Cir 2013) highlights a potential trademark “trap for the unwary” and the need for vigilant clearance. Companies regularly make use of catch phrases and other short phrases, terms and images in connection with advertising their primary brands. Often such ...

Released on: Aug. 1, 2013

Taken from the briefing Chinese Investment and U.S. National Security Reviews -- in 3D [Three Different Perspectives] recorded July, 2013.The Committee on Foreign Investment in the United States (CFIUS) is an interagency committee that conducts national security reviews of in-bound foreign investments.  Deals not approved by CFIUS can face significant risks, including the risk that the deal may be blocked before closing or even the risk ...

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: 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 ...