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Aereo: What Does the Supreme Court's Decision Mean for Other Internet Video and Cloud-Based Services? (Audio-only)

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Released on: Jul. 17, 2014

Taken from the briefing Aereo: What Does the Supreme Court's Decision Mean for Other Internet Video and Cloud-Based Services? recorded July, 2014.This briefing will review the implications of the Supreme Court's June 25 Aereo decision. The Court held that, regardless of the technological means used, a business engaged in the retransmission of television broadcasts to its subscribers violates the public performance right. The Court repeatedly ...

Alice Corp. v. CLS Bank Int'l: Supreme Court Rules that General Purpose Computers Cannot Save Claims Directed to Abstract Ideas 2014 (Audio-only)

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Released on: Jul. 17, 2014

Taken from the briefing Alice Corp. v. CLS Bank Int'l: Supreme Court Rules that General Purpose Computers Cannot Save Claims Directed to Abstract Ideas recorded June, 2014.In this recent decision, the Supreme Court addressed some of the Federal Circuit’s confusion regarding the scope of patentable subject matter under 35 U.S.C § 101. Particularly, the unanimous Court struck down Alice’s claims directed to mitigation of settlement risk. The Justices ...

Chadbourne & Parke LLP v. Troice and Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund: Recent Supreme Court Decisions and Developments in Securities Litigation 2014 (Audio-only)

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Released on: Apr. 9, 2014

Taken from the briefing Chadbourne & Parke LLP v. Troice and Omnicare, Inc. v. Laborers District Council Construction Industry Pension Fund: Recent Supreme Court Decisions and Developments in Securities Litigation recorded March, 2014.In the past several years, the Supreme Court has issued a number of decisions that have shaped the contours of securities litigation. The Court’s avid interest in securities cases continues in 2014.Lecture Topics  ...

Fifth Third Bancorp v. Dudenhoeffer: Supreme Court Eschews Moench Presumption, but Recognizes Limitations on Stock-Drop Litigation Under ERISA 2014 (Audio-only)

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Released on: Aug. 11, 2014

Taken from the briefing Fifth Third Bancorp v. Dudenhoeffer: Supreme Court Eschews Moench Presumption, but Recognizes Limitations on Stock-Drop Litigation Under ERISA 2014 recorded July, 2014.The Supreme Court has decided the long-awaited case of Dudenhoeffer v. Fifth Third Bank. In Dudenhoeffer, the Court declines to recognize a presumption in favor of the acquisition and holding of company stock under an employee stock ownership plan, or "ESOP," ...

FTC v. Wyndham and the Future of the FTC's Unfairness Doctrine Applied to Data Breaches 2014 (Audio-only)

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Released on: Jun. 17, 2014

Taken from the briefing FTC v. Wyndham and the Future of the FTC's Unfairness Doctrine Applied to Data Breaches recorded June, 2014. In April, a federal district court handed down an opinion in the much-watched FTC v. Wyndham case affirming the FTC’s authority to commence enforcement actions against companies that engage in unfair data security practices. The decision marks the first time a court has ruled on the FTC’s unfairness authority as applied ...

Halliburton v. Erica P. John Fund - What's the Practical Impact of the Supreme Court's Opinion on Securities Class Actions? (Audio-only)

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Released on: Jul. 16, 2014

Taken from the briefing Halliburton v. Erica P. John Fund - What's the Practical Impact of the Supreme Court's Opinion on Securities Class Actions? recorded July, 2014.In the final week of its 2013-2014 term, the United States Supreme Court issued its much anticipated ruling in Halliburton v. Erica P. John Fund, declining to overturn the fraud on the market presumption but clarifying how defendants may rebut that presumption at the class certification ...

HRE v. Florida Entertainment Management: Addressing the Presumption of Irreparable Harm Post eBay and Winter (Audio-only)

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Released on: Feb. 20, 2014

Taken from the briefing HRE v. Florida Entertainment Management: Addressing the Presumption of Irreparable Harm Post eBay and Winter recorded February, 2014.In Herb Reed Enterprises, LLC v. Florida Entertainment Management, 736 F.3d 1239 (9th Cir. December 2, 2013), the Ninth Circuit became the first circuit Court of Appeals to directly address whether the United States Supreme Court’s decisions in eBay, Inc. v. MercExchange, L.L.C., 547 U.S. 388 ...

McCutcheon v. Federal Election Commission: The Supreme Court Dramatically Changes the Political Landscape Once Again 2014

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Released on: May. 6, 2014

Taken from the briefing McCutcheon v. Federal Election Commission: The Supreme Court Dramatically Changes the Political Landscape Once Again recorded April, 2014.Just four years after the United State Supreme Court’s decision in Citizens United opened the door to Super PACs and billions of dollars of new political activity, the Supreme Court has again dramatically changed the landscape of campaign finance laws with it decision in McCutcheon v. FEC. ...

National Labor Relations Board v. Noel Canning: What are the Practical Implications of the Supreme Court's Holding? (Audio-only)

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Released on: Jul. 25, 2014

Taken from the briefing National Labor Relations Board v. Noel Canning: What are the Practical Implications of the Supreme Court's Holding? recorded July, 2014.In NLRB v. Noel Canning, the Supreme Court held that President Obama’s recess appointment of three members of the National Labor Relations Board in January, 2012 was not authorized by the Recess Appointments clause of the Constitution, Art. II, §2, Cl. 3. In doing so, the Court effectively ...

Octane Fitness and Highmark: The Supreme Court Eases the Standard for Recovering Attorney Fees in Patent Cases 2014 (Audio-only)

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Released on: May. 21, 2014

Taken from the briefing Octane Fitness and Highmark: The Supreme Court Eases the Standard for Recovering Attorney Fees in Patent Cases recorded May, 2014.The U.S. Supreme Court’s April 29, 2014 decisions in Octane Fitness LLC v. Icon Health & Fitness Inc. and Highmark Inc. v. Allcare Health Management Systems Inc. tossed the frameworks under which the Federal Circuit has handled attorney fees cases for the past decade. The statute at issue in ...

Pom Wonderful v. Coca-Cola: Supreme Court Rules on Lanham Act and FDCA Food and Beverage Labeling Interplay 2014 (Audio-only)

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Released on: Jul. 23, 2014

Taken from the briefing Pom Wonderful v. Coca-Cola: Supreme Court Rules on Lanham Act and FDCA Food and Beverage Labeling Interplay recorded July, 2014.On June 12, 2014 the U.S. Supreme Court issued an eagerly anticipated decision in Pom Wonderful, LLC v. Coca-Cola Co. In its second false advertising opinion this term, the Court held that competitors may bring Lanham Act claims challenging food and beverage labeling, even in the case of labels regulated ...

Schuette v. Coalition to Defend Affirmative Action and the Roberts Court's Vision of a Post-Racial America 2014 (Free Audio-only)

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Released on: Jun. 3, 2014

Taken from the briefing Schuette v. Coalition to Defend Affirmative Action and the Roberts Court's Vision of a Post-Racial America recorded May, 2014. In April, the United States Supreme Court rejected a constitutional challenge to Michigan’s statewide ban on race and sex-based affirmative action. Although the vote was 6-2, the ruling produced no majority opinion for the Court. The plurality opinion repudiated the reasoning, but not the results, ...

SEC v. Obus: Insider Trading and Taking the SEC to Trial 2014 (Audio-only)

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Released on: Aug. 12, 2014

Taken from the briefing SEC v. Obus: Insider Trading and Taking the SEC to Trial 2014 recorded July, 2014. On May 30, 2014, a ten-person jury in the Southern District of New York returned a unanimous verdict in favor of the defendants in SEC v. Obus, one of the longest-running insider trading cases in history. Gibson, Dunn & Crutcher LLP represented Nelson Obus, a New York-based hedge fund manager, in the SEC’s trial against him and two co-defendants ...

Sierra Club v. EPA: Clean Air Act Permitting Becomes Even More Complicated and Onerous 2013

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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) ...

Bank Financings: Commercial Paper and Certificate of Deposit Programs 2014 (Audio-only)

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Released on: May. 9, 2014

Taken from the briefing Bank Financings: Commercial Paper and Certificate of Deposit Programs recorded April, 2014.Commercial paper and certificate of deposit programs remain popular financing methods used by banks. In this Briefing, we will discuss considerations relating to the establishment and operation of these two types of programs.Lecture Topics  [Total Time: 01:08:58] The legal framework for these programs; The documentation that ...

Basics of Export Controls 2013 (Audio-only)

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Released on: Dec. 3, 2013

Taken from the briefing Basics of Export Controls 2013 recorded November, 2013.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 role in administering ...

Basics of the Federal Election Campaign Act 2013 (Audio-only)

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Released on: Oct. 2, 2013

Taken from the briefing Basics of the Federal Election Campaign Act 2013 recorded September, 2013.In just one hour, this briefing will provide you with a summary of federal candidate and PAC campaign law, as regulated by the Federal Election Campaign Act and administered by the Federal Election Commission’s Regulations and Disclosure Rules.Lecture Topics  [Total Time: 01:06:18] Contribution definitions, limits, and prohibitions Expenditures ...

Before Series A - Convertible Note and Series Seed Funding for Startups 2014 (Audio-only)

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Released on: May. 27, 2014

Taken from the briefing Before Series A - Convertible Note and Series Seed Funding for Startups recorded May, 2014.In recent years there has been a surge in early stage investing by sophisticated angel investors and early stage venture capital firms. In 2013, angel investing alone exceeded $1 Billion. In this Briefing you will learn about the two most common deal structures used to finance early-stage startups – convertible notes and seed stage ...

Benefit Corporations 101: Legal Considerations for Companies, Investors and Lenders Involved in this "Impact Investing" Trend 2014 (Audio-only)

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Released on: Apr. 3, 2014

Taken from the briefing Benefit Corporations 101: Legal Considerations for Companies, Investors and Lenders Involved in this "Impact Investing" Trend recorded March, 2014.The first “benefit corporation” legislation was passed in 2010. In less than four years, 19 states plus D.C. have passed benefit corporation legislation, and 16 more states are working on it. On August 1, 2013, Delaware became the 19th state to permit the establishment of benefit ...

BEPS: What's Next? (Audio-only)

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Released on: Aug. 14, 2014

Taken from the briefing BEPS: What's Next? recorded July, 2014.Over the past year, the United States and other countries in the G-20 and the OECD have been working to develop and implement an Action Plan on Base Erosion and Profit Shifting, commonly referred to as "BEPS." The Action Plan includes 15 "action items" and a tight timetable over the next 18 months for delivering the identified outputs.In this Briefing, John L. Harrington, partner at Dentons ...

Big Data Across the Atlantic - U.S. and E.U. Perspectives 2014 (Audio-only)

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Released on: Aug. 19, 2014

Taken from the briefing Big Data Across the Atlantic - U.S. and E.U. Perspectives recorded August, 2014.Consumer data is fast becoming a currency in today's digital economy. Global companies increasing rely on such data - and their ability to collect, analyze, and move it around the globe -- to meet their business needs and the needs of their customers. However, they now face a shifting landscape of data protection obligations. Recent developments ...

Bitcoins - Retirement Plan and IRA Investment in Digital Currencies 2014 (Audio-only)

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Released on: Mar. 13, 2014

Taken from the briefing Bitcoins - Retirement Plan and IRA Investment in Digital Currencies recorded February, 2014.The use of bitcoins - the nascent digital form of currency - for purposes of the purchase of good or services has so far been relatively tiny, but reportedly growing. Its novelty and its potential as an investment asset has resulted in considerable media attention. Illiquidity, speculation, and other factors have driven large swings ...

Brazil's New Anti-Corruption Law: Overview and Analysis 2013 (Audio-only)

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Released on: Dec. 3, 2013

Taken from the briefing Brazil's New Anti-Corruption Law: Overview and Analysis recorded November, 2013. While the Foreign Corrupt Practices Act is relatively old news, the U.S. government continues to enforce the law vigorously.  There is no sign that will abate.  Further complicating many companies' international business is the fact that other countries are rewriting - and modifying enforcement of - their own anti-corruption laws.  ...

Business Development Companies: A Private Equity or a Volcker Solution? (Audio-only)

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Released on: Apr. 22, 2014

Taken from the briefing Business Development Companies: A Private Equity or a Volcker Solution? recorded April, 2014.The market for offerings by business development companies, or BDCs, remains active. We will discuss the advantages associated with BDCs, including beneficial tax treatment. The speakers will provide an overview of the basic requirements applicable to BDCs, including those related to eligible portfolio companies, governance, and affiliate ...

Business Development for Aspiring Partners in Today's Legal Economy: Strategies and Techniques 2012 (Audio-only / No CLE)

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Released on: Oct. 18, 2012

Please note: There will be no CLE credit for this briefing. Taken from the briefing Business Development for Aspiring Partners in Today's Legal Economy: Strategies and Techniques 2012 recorded December 2012. In this briefing, our faculty – a mix of partners and associates heavily involved in business development – will share their experience and insights into business development in today's legal market.  They will discuss ...

Featured Faculty/Authors
Jan Witold Baran

Jan Witold Baran ~ Wiley Rein LLP

Kenneth A. Gross

Kenneth A. Gross ~ Skadden, Arps, Slate, Meagher & Flom LLP

Chip Nielsen

Chip Nielsen ~ Nielsen Merksamer Parrinello Gross & Leoni LLP