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Office: Chicago
September 2010 Article Disclosure of Pay Versus Performance Under Dodd-Frank
Firm Authors: Michael S. Melbinger
September 2010 Article SLAPPED for Speaking Out?
Firm Authors: Julie A. Bauer
August 2010 Article Regulatory Update: IRS Issues Final Regulations on Diversification Requirements for Defined Contribution Plans Holding Employer Securities
Firm Authors: Julie K. Stapel
July 23, 2010 Briefing Dodd-Frank: The Impact on the Hedging Activities of the Corporate Treasurer
What if, on July 21, 2010, the treasurer of a corporate client had sat down with the Winston & Strawn derivatives team to discuss the impact to her of Title VII of the Dodd-Frank Act which was signed into law earlier that day. Set out below is one possible version of a transcript of that discussion.
July 2010 Article Sending Marketing Messages Within Social Media Networks
Firm Authors: Liisa M. Thomas
July 2010 Article Risk Retention: Throwing the Baby Out with the Bath Water
Firm Authors: M. David Galainena, Patrick M. Hardiman, Ronald H. Jacobson, Michael T. Mullins
July/August 2010 Article Profile in Professionalism: 2010 Seventh Circuit Professionalism Award Recipient
July 2010 Article Regulatory Update: Health Care Reform: What Plan Sponsors Need to Know Now
Firm Authors: Julie K. Stapel
June 1, 2010 Article Risk Retention: Throwing the Baby Out with the Bath Water
Firm Authors: M. David Galainena, Patrick M. Hardiman, Ronald H. Jacobson, Michael T. Mullins
June/July 2010 Article “Cloud Computing” in Discovery
Firm Authors: Elizabeth H. Erickson, Charles B. Molster III
June 2010 Article Stress Testing Is Changing Bank Supervision
Firm Authors: Jerry Loeser
June 2010 Article Regulatory Update: Department of Labor Issues Final Rules on Disclosure Requirements for Multiemployer Plans
Firm Authors: Julie K. Stapel
May 26, 2010 Briefing “Durbin Amendment” May Benefit Merchants—Harm Card Issuers, Networks, Processors, and Consumers
On May 13, 2010, the U. S. Senate approved the so-called “Durbin Amendment” to the financial regulatory reform bill, S. 3217, the Restoring American Financial Stability Act, then pending in the Senate.
May 25, 2010 Briefing Supreme Court Rules for Plaintiffs in Two Employment-Related Cases
On May 24, 2010, the Supreme Court issued decisions for plaintiffs in two separate cases, one under Title VII and the other under ERISA. These rulings will impact both employers and administrators of benefit plans.
May 25, 2010 Briefing Two Recent Rulings Address Eligibility for Chapter 9 Bankruptcy Protection
Two recent rulings have provided significant guidance on the determination of whether an entity is eligible to be a debtor under Chapter 9 of the Bankruptcy Code.
May 24, 2010 Briefing Comment Deadline Set for Circuit Breaker Rule Proposals
On Friday, May 21st, we issued a briefing that discussed the proposals by the various national securities exchanges and FINRA to adopt uniform “circuit breaker” rules designed to halt trading in S&P 500 stocks that experience a rapid price movement.
May 21, 2010 Briefing Stock Exchanges Propose Stock-by-Stock Circuit Breakers; SEC & CFTC Staffs Issue Initial Joint Report on May 6 Market Events
On the afternoon of Thursday, May 6, 2010, in an event that some have been calling the “flash crash,” stock prices suffered an unprecedented period of volatility when the Dow Jones Industrial Average fell nearly 1,000 points in a short period of time, only to partially rebound shortly thereafter.
May 15, 2010 Article Five Steps to Protect Your Brand on Social Media Sites
Firm Authors: Robert H. Newman, Liisa M. Thomas
May 12, 2010 Article Risky Retention Standard
Firm Authors: Patrick M. Hardiman, Ronald H. Jacobson, James A. Snyder
May 2010 Article Regulatory Update: Department of Labor Issues Proposed Regulations on the Provision of Investment Advice
Firm Authors: Julie K. Stapel
April 2010 Newsletter Private Equity Update
The Winston & Strawn Private Equity Newsletter is a quarterly publication intended to provide insight into the latest legal and industry developments affecting private equity funds and their portfolio companies.
April 15, 2010 Article Laws And Other Pitfalls Of Using Social Media To Activate Sponsorship
Firm Authors: Brian L. Heidelberger, Mary Hutchings Reed
April 9, 2010 Article Refinancing Cliff: The Risks of Risk Retention
Firm Authors: Patrick M. Hardiman, Ronald H. Jacobson
April 2010 Article Regulatory Update: Department of Labor Issues Final Regulation on “Plan Asset” Status of Participant Contributions
Firm Authors: Julie K. Stapel
March 24, 2010 Article Colombia Opens Up Registration of ‘.co’ Domain Names
Firm Authors: Marc H. Trachtenberg
March 2010 Article How to Address Compensation Risk in this Year’s Proxy Statement
Firm Authors: Michael S. Melbinger
March 2010 Article The Road to Becoming an Associate
Firm Authors: Sean G. Wieber
March 2010 Article Regulatory Update: PBGC’s Proposed Reportable Event Changes
Firm Authors: Linda Lemel Hoseman
February 26, 2010 Briefing SEC Issues Guidance on Climate Change Disclosures
On February 8, 2010, the Securities and Exchange Commision published in the Federal Register interpretive guidance on mandatory disclosures regarding climate change risks and opportunities. The guidance followed on the heels of a somewhat contentious discussion and a 3-2 vote in late January by the Commissioners, some of whom felt the push for such guidance was politically motivated and unnecessary.
February 22, 2010 Article Evidentiary Foundations Should Persuade Jury
Firm Authors: J. David Reich, Dan K. Webb
February 18, 2010 Article Executive Compensation and Risk: TARP Rules for Financial Institutions Trigger Broader Risk Assessment of Compensation Policies
Firm Authors: Michael S. Melbinger
February 2, 2010 Newsletter Federal Circuit Patent Decision Summaries, Volume 3, Issue 5
Federal Circuit Patent Decision Summaries are designed to provide timely updates on recent Federal Circuit patent decisions by including a short description of, and a link(s) to, precedential patent cases recently decided by the Federal Circuit.
February 2010 Article Joint Legislative and Regulatory Lobbying Efforts by Inside and Outside Counsel
Firm Authors: Christine A. Edwards, James F. Miller
February 2010 Article Regulatory Update: IRS Provides Helpful Guidance on Automatic Employee Contribution Arrangements and Contributions of Paid Time Off
Firm Authors: Linda Lemel Hoseman
February 2010 Article Ensuring Party Equality in the Process of Designating Arbitrators in Multiparty Arbitration: An Update on the Governing Provisions
Firm Authors: Thomas Bevilacqua, Ricardo E. Ugarte
January 29, 2010 Article 10 For Ten: Ten Attorneys Who Raised the Bar Over the Last Decade
Firm Authors: Dan K. Webb
January 27, 2010 Briefing Department of Justice Issues New Guidance for Discovery
U.S. Deputy Attorney General David Ogden has issued new guidelines that federal prosecutors must follow in complying with their discovery obligations in criminal cases.
January 2010 Article Regulatory Update: Health Risk Assessment and Wellness Programs Affected by GINA Interim Final Regulations
Firm Authors: Linda Lemel Hoseman
January 2010 Article SEC Proposes Regulation of Dark Pools
Firm Authors: Basil V. Godellas
January 2010 Article Companies May Avoid Regulation FD Enforcement Proceedings
Firm Authors: James J. Junewicz
December 22, 2009 Briefing House Passes Financial Regulation Reform Package
On December 11, 2009, the U.S. House of Representatives approved, by a vote of 223-202, regulatory reform legislation, the Wall Street Reform and Consumer Protection Act of 2009 (H.R. 4173).
December 21, 2009 Briefing Misclassification of Employees as Independent Contractors Draws Heightened Government Enforcement
Highlighting a broad national trend toward stricter enforcement of employee misclassification, the Illinois Department of Labor on December 10 announced that it had imposed a $328,500 civil penalty against a Chicago-area contractor, finding that the contractor has misclassified 18 of its employees as independent contractors.
December 18, 2009 Newsletter Privacy and Technology Bulletin
Winston & Strawn's quarterly Privacy and Technology Bulletin provides summaries and tips on recent legal developments in the areas of Web site, workplace, health care and financial privacy, data security, software and technology, and privacy issues that arise in interactive company-to-consumer communications.
December 15, 2009 Briefing Supreme Court holds that orders requiring disclosure of privileged materials may not be appealed under the collateral order doctrine
Court orders requiring parties to disclose attorney-client privileged information can be devastating for businesses involved in litigation. In Mohawk Industries, the Supreme Court introduced a new obstacle to relief by ruling out one of the four methods litigants have used to challenge such orders.
December 3, 2009 Article Nanotechnology: The Next Battleground for Mass Torts?
Firm Authors: Scott P. DeVries, Sarah Anne Jehl
December 2009 Article Social Networking and Blogging: The New Legal Frontier
Firm Authors: Robert H. Newman, Liisa M. Thomas
December 2009 Article Regulatory Update: USERRA and the HEART Act
Firm Authors: Linda Lemel Hoseman
November 20, 2009 Briefing George Clinton’s Use of “Dog” and Panting in Song is Copyrightable Subject Matter
Bridgeport Music, Inc., owner of the publishing rights to George Clinton’s best-known work, “Atomic Dog,” sued UMG Recordings Inc. for copyright infringement.
November 20, 2009 Briefing Court Finds No Copyright Infringement Where Works Lack Similarity in Total Concept and Feel
A children's book was found not to infringe on another work for children. The court found that the total concept and feel of the two works were not substantially similar, and only the non-copyrightable elements of the works were shared.
November 16, 2009 Article Endorsement Guide Revisions' Impact on Blogging
Firm Authors: Liisa M. Thomas
November 5, 2009 Briefing Revisions to Forms U4 and U5-Action Required by November 14
In May 2009, the SEC approved a proposal by the Financial Industry Authority to modify Forms U4 and U5 in several ways. The revised forms contain additional disclosure questions regarding regulatory actions brought against industry employees, which are designed to enable FINRA and other regulators to more readily identify persons who are subject to disqualification from participation in the securities industry.
November 5, 2009 Briefing October 2009 FMLA Amendments Regarding Military Leave
On October 28, 2009 President Obama signed the National Defense Authorization Act for Fiscal Year 2010, which expands Family and Medical Leave Act coverage for family members of military servicepersons.
November 3, 2009 Newsletter LABOR NEWS
Select events from the world of organized labor for October 2009
November 3, 2009 Briefing National Mediation Board Proposes Changes to Representation Election Rules
The National Mediation Board has proposed significant changes to representation election rules under the Railway Labor Act, which governs labor relations in the airline and railway industries.
November 2, 2009 Article Keeping Up With Rev. Rul. 2008-13
Firm Authors: Michael S. Melbinger
November 2, 2009 Briefing Delaware Court Holds That Fiduciary Disclosure Principles Do Not Apply to ROFR Purchases
In an intriguing case of first impression, the Delaware Court of Chancery recently held in Latesco, L.P. v. Wayport, Inc. that fiduciary disclosure principles do not apply to purchases by insiders pursuant to contractual "right of first refusal" provisions.
November 2, 2009 Article COPPA Settlement for Improper Age Screening Results in $250,000 Civil Penalty
Firm Authors: Liisa M. Thomas
November/December 2009 Article Working to Get More Seats at the Table
Firm Authors: Christine A. Edwards
November 2009 Article Regulatory Update: HITECH Breach Notification Regulations Under HIPPA
Firm Authors: Linda Lemel Hoseman
October 2009 Newsletter Advertising/Promotions Law News
Winston & Strawn's Advertising/Promotions Law News covers topics of interest to the firm's advertising and consumer product company clients in the areas of advertising challenges and litigation, sweepstakes and promotions, privacy and security, and other relevant legal issues.
October 2009 Article Privacy Issues for Mobile Devices
Firm Authors: Liisa M. Thomas
October 21, 2009 Article Six Biggest Misconceptions About the FTC's New Guides Concerning the Use of Endorsements and Testimonials in Advertising
Firm Authors: Brian L. Heidelberger
October 2009 Article United States Supreme Court Enforces Collective Bargaining Agreement Requiring Arbitration of Employees' ADEA Claims
Firm Authors: Gerald C. Peterson
October 2009 Article U.S. Supreme Court to Hear Case On Executive Compensation
Firm Authors: Michael S. Melbinger
October 1, 2009 Article Is There Change?
Firm Authors: Mary Hutchings Reed
October 2009 Article Full Faith and Credit for Status Records: A Reconsideration of Gardiner
Firm Authors: Shawn J. Gebhardt
October 2009 Article New Developments in Children’s Privacy Law, Including Maine
Firm Authors: Liisa M. Thomas
October 2009 Article Regulatory Update: Fall 2009 Health Plan Update
Firm Authors: Linda Lemel Hoseman
September 30, 2009 Article Public Companies: Conduct Risk Assessment on Compensation Plans
Firm Authors: Michael S. Melbinger
September 2009 Article Where Have You Been? The Rules for Online Behavioral Advertising
Firm Authors: Monique N. Bhargava, Liisa M. Thomas
September 2009 Article Critical to My Success
Firm Authors: Oscar A. David
September, 2009 Article Trial Strategy: Keep It Simple at First When Closing
Firm Authors: J. David Reich, Dan K. Webb
September 2009 Article The 7 Biggest Legal Risks to Your Company When Using Social Media
Firm Authors: Brian L. Heidelberger
September 10, 2009 Briefing Further Update Re Maine Predatory Marketing Law
As we reported recently, the Maine Independent Colleges Association and others filed a case in the United States District Court of Maine against the Governor of Maine and the Maine Attorney General to have the Maine Act to Prevent Predatory Marketing Practices Against Minors declared unconstitutional, arguing that it impinges upon Free Speech and the Commerce Clause, and that it is preempted by COPPA.
September 1, 2009 Article Regulatory Update: New Form 5500, Schedule C Reporting Requirements for 2009
Firm Authors: Linda Lemel Hoseman
September 2009 Article Secular Trusts, Distributions and Other Compensation Planning Opportunities in Anticipation of Potential Tax Increases
Firm Authors: Michael S. Melbinger
August 2009 Article Afghanistan’s Historic Election
August 2009 Article Regulatory Update: New Wage Withholding Tables Under the American Recovery and Reinvestment Act of 2009 Affect Pensioners
Firm Authors: Linda Lemel Hoseman
July/August 2009 Article SEC Permits Some U.S. Investors to Trade Foreign Security Futures Contracts (Finally!)
Firm Authors: Robert Boresta, Michael M. Philipp
July 2009 Article Human Rights and Democracy Betrayed
July 2009 Article Assessing and Avoiding Risk of Adverse Tax Consequences for Partnerships Under the “Golden Parachute” Payment Rules
Firm Authors: Linda Lemel Hoseman
July 2, 2009 Briefing Supreme Court Finds Due Process Violation Based on Judicial Campaign Contributions
The U.S. Supreme Court recently recognized a due process violation in a case involving campaign contributions for an elected judge.
June 2009 Article Synthetic Lease Financing Revisited
Firm Authors: Timothy J. Oxley
June 2009 Article Regulatory Update: COBRA Continuation Health Coverage Under the American Recovery and Reinvestment Act
Firm Authors: Linda Lemel Hoseman
June 2009 Article Thompson, Lincoln: Consummate Lawyer Politicians
June 2009 Article Sean Wieber of Chicago Relishes Pro Bono Causes
May 2009 Article Recent Economic Recovery Legislation Contains Significant New Executive Compensation Requirements
Firm Authors: Linda Lemel Hoseman
May 2009 Article Trial Strategy: In a Closing, Argue, Don’t Summarize
Firm Authors: J. David Reich, Dan K. Webb
May 20, 2009 Briefing Update 5: Summary of Federal Reserve’s Term Asset-Backed Securities Loan Facility
On March 3, 2009, the Federal Reserve Board of Governors announced the launch of the Term Asset-Backed Securities Loan Facility, which is designed to stimulate the lending markets by providing financing to investors who purchase certain qualifying asset-backed securities.
May 2009 Article Bright Ideas: Underwriters Laboratories Inc. and Winston & Strawn LLP
Firm Authors: Columbus R. Gangemi Jr.
May 2008 Article The Era of ‘Busted Deals’?
Firm Authors: Matthew J. Botica
April 2009 Article Stimulus Act Expands Renewable And Alternative Energy Tax Incentives
Firm Authors: Maher H. Haddad, John C. Lorentzen, Andrew W. Ratts
April 17, 2009 Briefing Second Circuit Rules Debtors Must Pay Substantial Pension Termination Fees
In a recent reversal of a Bankruptcy Court decision, the U.S. Court of Appeals for the Second Circuit upheld a law which could further burden financially distressed companies attempting to reorganize and exit bankruptcy.
April 16, 2009 Briefing Illinois Legislators Propose Significant Changes to Trade Secrets and Restrictive Covenants Laws
Illinois state legislators recently introduced two bills proposing changes that, if enacted, would significantly impact trade secret and non-competition law in Illinois.
March 2009 Article The Role of Disclaimers in Avoiding Trademark Infringement
Firm Authors: Liisa M. Thomas
Non-Firm Authors: Robert H. Newman
March 2009 Article Consumer Products Safety Update: Consequences of the 2008 Act
Firm Authors: Thomas J. Frederick, John W. Moss
February 2009 Article Trial Strategy: Expert Witness Prep
Firm Authors: J. David Reich, Dan K. Webb
January 2009 Article In a City of Skyscrapers, Air Rights Leader Shapes Development
Firm Authors: Christopher D. Murtaugh
August 2008 Article International Enforcement of U.S. Securities Laws: Extending the Reach to German Companies
November 2007 Article Sales Training for Women: One Size Does Not Fit All
 
 
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