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Released on: Jul. 17, 2013

Taken from the briefing Assoc. for Mol. Path. v. Myriad: Isolated Human DNA is Not Patent-Eligible Subject Matter recorded June, 2013.On June 13, 2013, the U.S. Supreme Court held that naturally occurring, isolated human DNA was not patentable subject matter. The litigation involved Myriad’s patents covering, inter alia, isolated human DNA sequences known as the BRCA1 and BRCA2 genes. Mutations in one of these genes can dramatically increase an individual’s ...

Released on: Aug. 28, 2013

Taken from the briefing Koontz v. St. Johns River Water Management District: A Blow to Monetary Exactions in the Land-Use Permitting Context recorded August, 2013.On June 25, 2013, the U.S. Supreme Court issued a decision with significant implications for land-use regulation. The Court held that permitting agencies have a constitutional obligation to prove that any monetary exaction imposed as a condition of permit approval bear an essential nexus ...

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: 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: 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: Sep. 25, 2013

Taken from the briefing CFPB's Responsible Business Conduct: Scope and Application recorded September, 2013. Over the summer, the Consumer Financial Protection Bureau issued important new guidance on the factors it will consider in exercising its enforcement discretion.  CFPB Bulletin 2013-06,  Responsible Business Conduct:  Self-Policing, Self-Reporting, Remediation, and Cooperation provides details on the four factors used to ...

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: Jul. 8, 2013

Taken from the briefing Considerations for End-Users of Derivatives recorded June, 2013.Derivatives market participants are becoming subject to a series of regulatory requirements related to clearing, trade reporting, and record-keeping. Even occasional corporate end-users of derivatives will have to prepare to comply with certain of these new obligations.In this Briefing, James Schwartz and Anna T. Pinedo of Morrison & Foerster LLP, and Matthew ...

Released on: Sep. 24, 2013

Taken from the briefing Delaware's Corporation and Alternative Entity Laws: 2013 Amendments You Must Know About recorded September, 2013.The Delaware General Corporation Law and Delaware’s alternative entity statutes are amended periodically to keep them current and maintain their preeminence.  This year is no exception.  Numerous amendments have been enacted in 2013.  The amendments are relevant to lawyers with transactional ...

Released on: Aug. 15, 2013

Taken from the briefing FCPA Compliance in Latin America recorded August, 2013.It is old news that the U.S. government is aggressively enforcing the Foreign Corrupt Practices Act, the U.S. law that prohibits bribery of foreign public officials. Particularly over the last decade, the U.S. Justice Department and Securities & Exchange Commission have been hitting wrongdoers with significant monetary penalties and, in the case of individuals, prison ...

Released on: Aug. 8, 2013

Taken from the briefing Fracking: Drilling Down on the Latest Regulatory, Research and Litigation Developments 2013 recorded July, 2013.Viewed by many as the key to our nation’s energy independence, expanded hydraulic fracturing (“fracking”) in the United States has raised concerns from some about potentially adverse environmental, health, and safety impacts. These concerns have generated a considerable amount of publicity and media coverage ...

Released on: Jul. 31, 2013

Taken from the briefing Growing Criminal Risks of Intermediaries for Cross-Border Financial Crimes recorded July, 2013.In the last couple of decades the U.S. and the world have experienced growing prosecutions of intermediaries for cross-border financial crimes.   A U.S. bank was convicted by a Spanish court for moving money in the Pinochet criminal investigation instead of freezing it.  The U.S. and State of New York have brought criminal ...

Released on: Jul. 2, 2013

Taken from the briefing Hedge Fund Activism: Post-Crisis Reemergence recorded June, 2013.After a relative lull during the financial crisis, hedge fund activism has reemerged as a common phenomenon in the corporate landscape. With a view to driving short-term gains, hedge funds use a variety of approaches to prompt transactions or force other changes in their investee companies. As a result of the increased prevalence of hedge fund activity, preparedness ...

Released on: Jul. 24, 2013

Taken from the briefing Hotel Management Agreements: The Owner - Operator Relationship recorded June, 2013.Balancing the economic and legal interests of hotel owners and hotel operators in the best of economic times is challenging. Striking the right balance has become even more challenging in the choppy global economic environment of recent years. Consequently, negotiations of long-term hotel management agreements have become more complex as stakeholders ...

Released on: Jul. 26, 2013

Taken from the briefing JOBS Act: SEC's New Regime for Private Placements recorded July, 2013.On Wednesday, July 10 the Securities and Exchange Commission adopted amendments to its rules governing private placements of securities. Section 201(a) of the JOBS Act directed the Commission to act by July 2012 to liberalize restrictions on publicity in private placements, but controversy surrounding the Commission’s August 2012 proposal resulted in ...

Released on: Aug. 14, 2013

Taken from the briefing Leveraged Buyouts: A Discussion with the Pension Benefit Guaranty Corporation recorded July, 2013.The Pension Benefit Guaranty Corporation recently announced that it will become more aggressive in leverage buyout transactions involving underfunded pension plans.  In a similar vein, in April, the PBGC initiated proceedings to terminate a pension plan in connection with Compagnie de Saint-Gobain’s sale of its U.S. metal ...

Released on: Aug. 29, 2013

Taken from the briefing Mobile Targeting and Tracking: Breaking News! recorded August 2013. Companies who engage in mobile targeting and tracking, beware!  The Digital Advertising Alliance, a self-regulatory consortium made up of a variety of industry groups, recently released a guidance on how its online behavioral advertising and multi-site tracking principles apply in the mobile environment.  This guidance gives directions to companies ...

Released on: Jul. 23, 2013

Taken from the briefing Remedies for Victims of Human Trafficking recorded July, 2013.The newly reauthorized Trafficking Victims Protection Act (TVPRA) is the cornerstone of federal anti-trafficking law. This legislation provides a variety of remedies for victims and survivors of human trafficking, including providing immigration status as a form of humanitarian relief.Listen to Ivy O. Suriyopas, Director of the Anti-Trafficking Initiative at ...

Released on: Aug. 7, 2013

Taken from the briefing Reporters, National Security Leaks and the Protection of Sources 2013 recorded July, 2013.This program will review key legal issues presented by the recently-disclosed government seizures of information about Associated Press and Fox News reporters for use in national security leaks investigations, exploring the legal principles that currently shelter newsgathering activities from government intrusion and protect the confidentiality ...

Released on: Jul. 12, 2013

Taken from the briefing Return of Structured Finance and Residential MBS recorded June, 2013.As the U.S. capital markets continue to gain relative strength and longstanding regulatory uncertainties are resolved, ABS, MBS and covered bond issuers are increasingly inquiring about the prospects for entering these markets once again. The years since the financial crisis have brought sweeping changes in the rules affecting structured finance in the U.S., ...

Released on: Jul. 26, 2013

Taken from the briefing Supreme Court's Shelby County and the Future of Voting Rights Enforcement recorded July, 2013.On June 25, 2013, the Supreme Court of the United States issued one of the most significant voting rights opinions in decades: Shelby County, Ala. v. Holder.  The Court considered the constitutionality of Section 5 of the federal Voting Rights Act, which requires certain "covered" jurisdictions to obtain advance permission ("preclearance") ...

Released on: Jul. 25, 2013

Taken from the briefing Supreme Court, DOMA and Proposition 8: Implications for the Future recorded July, 2013.In United States v. Windsor the Court struck down Section 3 of the Defense of Marriage Act and in Hollingsworth v. Perry the Court dismissed an appeal defending California's Proposition 8.Please listen to Erwin Chemerinsky, Founding Dean and Distinguished Professor of Law at the University of California, Irvine School of Law for this ...