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Briefings
November 20, 2009 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 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 19, 2009 New York’s Highest Court Narrows Restrictions on Transfer of Claims
The New York Court of Appeals ruled on October 15, 2009 that transfers of legal claims do not violate New York’s champerty statute even where the transferee intends to enforce the claims in court, so long as the purpose of the transfer is not to profit from the costs of the resulting litigation.
November 17, 2009 FTC To Hold First in Series of Privacy Roundtables
The Federal Trade Commission will hold on December 7 the first in a series of roundtables on privacy issues.
November 18, 2009 World Trade Organization: Doha Round of Trade Negotiations
The “Doha Round” of negotiations at the World Trade Organization in Geneva has the potential, directly or indirectly, to affect business around the world.
November 16, 2009 Social Networking Web site to Pay $750,000 for Sending Unsolicited and Deceptive Promotional Emails
The New York and Texas State attorneys general entered into settlement agreements with social networking Web site Tagged.com, after the attorneys general concluded that the Web site misappropriated its members’ contact lists and sent out millions of unsolicited and deceptive promotional emails to members’ contacts.
November 13, 2009 U.K. Law on Prize Competitions receives Clarification
Under the Gambling Act 2005 the organisers of prize competitions in the United Kingdom must be careful to ensure that their promotions do not constitute an illegal lottery. 
November 13, 2009 Mattress.com Ruled Generic
The Federal Circuit Court of Appeals ruled on Friday that Mattress.com is generic for online retail sales of mattresses, beds, and bedding.
November 11, 2009 Creating Categories Does Not Destroy CDA Immunity
Thomas Dart, a sheriff in Cook County, Illinois, filed suit against online classified advertiser Craigslist, Inc. in the U.S. District Court for the Northern District of Illinois for creating a public nuisance by facilitating prostitution.
November 11, 2009 Photographer Retains Rights in Photos Created for Company’s Advertising and Promotional Materials
Learning Curve International is an authorized licensee of the popular “Thomas & Friends” train characters.
November 11, 2009 DOE Issues Loan Guarantee Program for Commercial Technology Renewable Energy Generation Projects
Nearly eight months after passage of the American Recovery and Reinvestment Act of 2009 and its promulgation of Section 1705 of Title XVII of the Energy Policy Act of 2005 authorizing Department of Energy loan guarantees for commercial technology renewable energy generation projects, on October 7, 2009 the DOE issued its solicitation for applications for these loan guarantees.
November 9, 2009 Facebook Issues New Policy Regarding Conducting Sweepstakes and Contests
Facebook recently released a revised policy for administering sweepstakes and contests through Facebook.
November 6, 2009 Geisen Appeal Goes to the Commission
On September 21, 2009, the Nuclear Regulatory Commission Staff filed a petition seeking Commission review of the Atomic Safety and Licensing Board decision setting aside an Enforcement Order against David Geisen.
November 5, 2009 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 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 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 3, 2009 SEC Proposes to Eliminate Flash Orders
On September 18, 2009, the Securities and Exchange Commission issued a proposal to eliminate the "flash order" exception from the quotation dissemination requirements of Rule 602 of Regulation NMS under the Securities and Exchange Act of 1934, as amended.
November 2, 2009 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.
October 29, 2009 Refunds Issued for Baby Einstein Purchases
According to recent press reports, Walt Disney Studios Home Entertainment is offering consumers who purchased Baby Einstein videos between June 2004 and September 2009 a refund of $15.99, or else the option to exchange the video for another product.
October 28, 2009 Puerto Rico Revises Sweepstakes Regulations
On October 27, 2009, Puerto Rico’s Department of Consumer Affairs released new regulations governing the promotion of sweepstakes in Puerto Rico.
October 27, 2009 FTC Settles With Company Over Biodegradable Claims Since Product Not Normally Composted
The Federal Trade Commission announced a settlement October 22 with a company that makes clothing and other textiles from processed bamboo.
October 27, 2009 House of Representatives Passes Coast Guard Authorization Bill — Again
On October 23, 2009, the U.S. House of Representatives once again passed the authorizing legislation for the U.S. Coast Guard with its accompanying 300 pages of diverse maritime legislative provisions (H.R. 3619).
October 21, 2009 Facebook Settles Privacy Lawsuit for $9.5 Million
Facebook recently settled a class action lawsuit filed in California against its Beacon program.
October 21, 2009 President Obama Issues Executive Order on Environmental Sustainability
On October 5, 2009, President Obama issued an executive order “to establish an integrated strategy towards sustainability in the Federal Government and to make reduction of greenhouse gas emissions a priority for Federal agencies.”
October 21, 2009 EPA Issues Proposed Greenhouse Gas Tailoring Rule
On September 30, 2009, the Environmental Protection Agency issued a proposed rule that would prescribe the application of Clean Air Act permit requirements to stationary sources of greenhouse gas emissions (“the proposed tailoring rule”).
October 21, 2009 Use of Celebrity Image in Greeting Card May Violate Publicity Right
Paris Hilton sued Hallmark Cards after a Hallmark birthday card contained a picture of Paris Hilton’s head super-imposed on a cartoon’s body with a caption that read, “Paris’s First Day as a Waitress” and included Hilton’s catch-phrase “That’s hot.” Hilton sued Hallmark for violation of her right of publicity as well as violations of the Lanham Act.
October 21, 2009 Customs Issues New Vessel Repair Duty Regulations
On October 20, 2009, United States Customs and Border Protection modified its regulations administering the foreign vessel repair duty to incorporate additional exemptions for repairs by the vessel’s crew and repairs made in countries with which the United States has a free trade agreement.
October 20, 2009 COPPA Settlement for Improper Age Screening Results in $250,000 Civil Penalty
Iconix Brand Group, Inc. owner of the Mudd, Candie's, Bongo and OP brands (brands with wide appeal to children), settled on October 20, 2009 with the Federal Trade Commission over its information collection practices on many of its brand-specific sites.
October 19, 2009 U.S. Nuclear Regulatory Commission Issues Final Rule Imposing Criminal Penalties for Unauthorized Introduction of Weapons in Certain Licensed Facilities
On October 14, 2009, the U.S. Nuclear Regulatory Commission published in the Federal Register a final rule which would authorize the imposition of federal criminal penalties for the introduction, without authorization, of weapons or explosives into certain facilities and installations regulated by the NRC.
October 19, 2009 Reminder – Many Companies Need to Amend for 162(m) by Year End
Many companies will need to amend their employment agreements, equity plans and awards, and other incentive plans and agreements by December 31, 2009, to preserve the deductibility of performance-based awards and amounts under Code Section 162(m) [the $1 million limit on public companies’ ability to deduct compensation payments to their named executive officers] in light of Rev. Rul. 2008-13.
October 13, 2009 Class Action Filed for Invalid Instant Win Codes in Sweepstakes
A class action lawsuit was filed against a major alcoholic beverage manufacturer alleging that some instant win game codes distributed in connection with the “Silver Ticket Sweepstakes” were invalid.
October 13, 2009 RE/MAX International Wins Trademark Infringement Suit
RE/MAX International, Inc. brought a trademark infringement suit against Trend Setter Realty, LLC, for use of “red-over-white-over-blue horizontal bar design” in connection with real estate services.
October 13, 2009 Maritime Provisions Enacted in U.S. Defense Legislation
On Oct. 8, 2009, the U.S. House of Representatives passed the National Defense Authorization Act for Fiscal Year 2010.
October 12, 2009 FINRA Proposes New Rules Governing Communications with the Public
On September 21, 2009, FINRA issued Regulatory Notice 09-55, requesting comments on proposed new rules governing communications with the public by FINRA member broker-dealers.
October 9, 2009 IRS Updates Procedures for Appeals Mediation Program
The Internal Revenue Service’s Appeals mediation program provides taxpayers who are unable to resolve issues during the traditional Appeals settlement process with another opportunity to resolve those issues before litigation.
October 9, 2009 TALF and Non-Mortgage ABS: Formal Risk Assessment and Expansion of Credit Rating Agency Eligibility
On October 5, 2009, the Federal Reserve Board announced changes to the Term Asset-Backed Securities Loan Facility, which is maintained by the Federal Reserve Bank of New York as authorized on November 24, 2008, and is intended to aid market participants in meeting the credit needs of investors in highly rated asset-backed securities.
October 7, 2009 FTC Announces Final Update To Endorsement and Testimonial Guides
The Federal Trade Commission adopted final changes to the Guides Concerning the Use of Endorsements and Testimonials in Advertising.
October 7, 2009 FTC Enters Into Final Consent Agreement Regarding Product Claims
The FTC entered a final consent agreement with Constellation Brands concerning the FTC’s charges that ads for Wide Eye caffeinated schnapps were deceptive. 
October 6, 2009 SEC Indicates How Companies May Avoid Regulation FD Enforcement Proceedings
Regulation FD generally requires public companies to publicly disclose material nonpublic information that has been selectively disclosed to members of the investment community.
October 5, 2009 A Different Era: An Update on New Nuclear Adjudications
The first applications for licenses to construct and operate new power reactors were filed in 2007. At the time, the applications were the first in nearly 25 years — but they were not the last.
October 2, 2009 Second Circuit Rules Parties May Sue Greenhouse Gas Emitters Under Nuisance Claim
In a decision that should raise flags across the country in boardrooms of companies with significant greenhouse gas emissions, the United States Court of Appeals for the Second Circuit recently overturned a federal district court decision and ruled in favor of the plaintiffs in a climate change lawsuit based on a federal common law nuisance claim against six private power companies that operate coal-fired power plants in 20 states.
September 30, 2009 NRC Issues Guidelines on Use of Firearms by Security Personnel at Licensed Facilities
Some four years after the passage of the Energy Policy Act of 2005, the U.S. Nuclear Regulatory Commission has issued, with the approval of the United States Attorney General, guidelines on the use of firearms by security personnel whose duties include the protection of NRC-regulated facilities.
September 25, 2009 IRS Rules Offshore Loan Activities Subject to U.S. Tax
In a legal memorandum issued by the Office of the Chief Counsel, the Internal Revenue Service has concluded that a foreign corporation’s income attributable to certain loan activities was effectively connected with the conduct of an active trade or business within the United States and, therefore, was subject to U.S. income tax.
September 24, 2009 Winston Wins Victory for Veoh Against Universal Music Group in Copyright Infringement Lawsuit
A federal court recently affirmed that Veoh Networks, an online video Web site, qualified for safe harbor protection under the Digital Millennium Copyright Act.
September 24, 2009 Florida Attorney General Sues For Failing to Send Rebate Checks On Time
The Florida Attorney General sued Tigerdirect, Inc. for deceptive trade practices with respect to Tigerdirect's advertisements for its mail-in rebates.
September 24, 2009 CARU Finds Sweepstakes Disclosures Not Clear and Understandable to Children
The Children's Advertising Review Unit reviewed advertising for Mrs. Butterworth's Syrup that aired during children's programming.
September 24, 2009 Joint Policy Committee Issues Advice Regarding Union Demands Over Payments on Unauthorized Uploads to Web Sites
Recently, the Screen Actors Guild and the American Federation of Television and Radio Artists have been demanding that advertising agencies remit payments to performers and to pension and health funds for videos that have been uploaded to video sharing Web sites, such as You Tube, without the advertising agency or producer's permission.
September 24, 2009 NAD Recommends That Company Modify "Green" Claims Regarding its Computers
Following a challenge, the National Advertising Division reviewed certain "green" claims touted by Apple regarding its MacBook laptop computers. Specifically, NAD examined the express claim, "The New MacBooks.
September 24, 2009 Court Finds Browsewrap Agreement Unenforceable
The U.S. District Court for the Eastern District of New York held that Overstock.com's terms and conditions were not enforceable against its customers who did not actually read the terms.
September 24, 2009 Twitter Amends Terms in an Attempt to Address User Ownership Issues
Twitter recently amended its Web site terms of use to emphasize that users own their own postings.
September 24, 2009 Site Vicariously Liable for Infringing Content Created by its Web Developer
A janitorial supply corporation, Master Maintenance, hired a third party Web developer, West Central Ohio Internet Link, Ltd., to redesign its Web site.
September 24, 2009 ISPs Found Liable for Contributory Trademark and Copyright Infringement
A unanimous jury in the U.S. District Court for the Northern District of California found that two ISPs committed contributory trademark infringement and copyright infringement against Louis Vuitton Malettier S.A. for failing to block Web sites offering counterfeit Louis Vuitton merchandise.
September 24, 2009 Blog Post Generically Describing Patient Experience Did Not Violate Privacy Policy
A Kentucky court recently ruled that a nursing student's blog post about a patient giving birth did not violate the school's policies, which prohibit students from disclosing confidential information, including medical information about patients.
September 24, 2009 Missouri Enacts Data Breach Notification Law
Effective August 28, 2009, businesses in Missouri are now required to notify Missouri residents if their unencrypted personal information is breached when a risk of harm is present.
September 24, 2009 A Step-by-Step Action Plan For Conducting Executive Compensation Risk Assessments
The most important year-end 2009 task for Companies, Boards of Directors, and Compensation Committees may be to begin to establish a process for assessing the risk of the Company’s executive and employee compensation programs.
September 24, 2009 EPA Finalizes Greenhouse Gas Reporting Rule
In March of this year we alerted you to the Environmental Protection Agency’s proposed rule to require the reporting of greenhouse gas emissions from large sources of GHGs.
September 22, 2009 New Guidance From the SEC on Regulation FD
On August 14, 2009, the SEC’s Division of Corporation Finance published new Compliance and Disclosure Interpretations regarding Regulation FD, which generally requires public companies to publicly disclose material nonpublic information that has been selectively disclosed to members of the investment community
September 14, 2009 International Tribunal Rules That Hong Kong Investor May Assert Claim Under Chinese Bilateral Investment Treaty
An international tribunal has issued the first arbitral award ever rendered under a Chinese bilateral investment treaty.
September 10, 2009 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 9, 2009 Geisen Sanctions Set Aside
On August 28, 2009, a three-member panel of the Atomic Safety and Licensing Board set aside, in a 2-1 decision, an Enforcement Order against David Geisen, a former employee of the Davis-Besse Nuclear Power Station owned and operated by First Energy Nuclear Operating Company.
September 4, 2009 Illinois Employment Law Legislative Update
Illinois Governor Patrick Quinn recently signed three statutory amendments into law, each aimed at expanding the rights of workers in Illinois.
September 3, 2009 Update Re Maine Act to Prevent Predatory Marketing Practices Against Minors
The marketing industry has been working feverishly to quash the Maine Act to Prevent Predatory Marketing Practices Against Minors before it becomes effective on September 12, 2009.
August 31, 2009 Breaches of Unsecured Protected Health Information
On August 24, 2009, the Office of Civil Rights of the Department of Health and Human Services published an interim final rule specifying when an individual must be notified of unauthorized use or disclosure of the individual’s protected health information.
August 31, 2009 FDIC Statement of Policy on Qualifications for Failed Bank Acquisitions Creates Significant Hurdles for Private Investors
On Aug. 26, 2009, the FDIC issued in final its Statement of Policy on Qualifications for Failed Bank Acquisitions.
August 27, 2009 Proposed Legislation May Make It Easier to Sue Foreign Manufacturers In the United States
On August 6, 2009, the Foreign Manufacturer Legal Accountability Act of 2009 (S. 1606) was introduced into the United States Senate.
August 26, 2009 Importers’ Duty to Know The Origin And Species of Plant And Plant Products Increases with Staged Phase-In of Lacey Act Declaration Requirement
May 22, 2008 marked a new U.S. enforcement era for individuals trafficking in “illegal” wildlife, fish, and plants.
August 24, 2009 New York Attorney General Challenges "Free Gas" Promotion
New York Attorney General Andrew Cuomo sued a Florida marketing company for use of allegedly deceptive "free gas" card program.
August 24, 2009 Established Business Relationship Exception to Prohibition on Pre-recorded Telemarketing Calls Ends August 31
An amendment to the Telemarketing Sales Rule, which was passed last year by the Federal Trade Commission takes effect on September 1, 2009.
August 24, 2009 Linking From a Kid’s Website to a Non-Compliant Website Is a Violation of CARU Guidelines
The Children’s Advertising Review Unit (CARU) recently found that Kidz Bop LLC violated the CARU Guidelines when it contained a link on the Kidz Bop website to a website which allowed the collection of personally identifiable information from children without fully complying with CARU guidelines.
August 24, 2009 Harpo Inc. Sues Internet Marketers for Use of Oprah’s Name Without Permission
In 2008, Oprah hosted Dr. Mehmet Oz, the director of the Cardiovascular Institute and a surgery professor at Columbia University. While on the show, Oz discussed the anti-aging properties of acai berries.
August 24, 2009 FTC Settles Case Over "Made In The USA" Claims
The FTC recently settled a case against Enhanced Vision for making "made in the U.S.A." claims about its desktop and portable video magnifiers.
August 24, 2009 NAD Finds "Unbeatable Price" Claims Are Permitted If Based On Low Price Guarantee
In June 2009, the NAD reviewed Wal-Mart’s use of "unbeatable prices" in conjunction with its price matching policy. Specifically, Wal-Mart was making the claim "Unbeatable Prices" along with the disclosure "We’ll match the price of any local competitor’s printed ad for an identical product.
August 24, 2009 Weight Loss Website Required To Disclose Its Relationship To Products Featured In Its Reviews
The Electronic Retailing Self-Regulation Program reviewed Urban Nutrition’s website in response to a challenge from its competitors. The website claimed to be an unbiased, independent resource for consumers regarding weight loss and diet products.
August 24, 2009 Deceptive Packaging Lawsuits Against Cereal Manufacturers Do Not Bear "Froot"
Two class action lawsuits claiming that breakfast cereal packaging was deceptive under California false advertising and deceptive practices law were rejected recently. In Videtto v. Kellogg USA, the federal district court in Sacramento ruled that a reasonable consumer would not be deceived into believing that fruit was contained in "Fruit Loops" cereal.
August 24, 2009 Use of Copyrighted Images in Biographical Work of Artist Is Fair Use
In a recent decision, a district court found that the use of cover images from Warren Publishing’s monster magazines in a biographical book about the life of the images’ artist, Basil Gogos, was "fair use" of the images and not an infringement.
August 24, 2009 Maine Kid’s Privacy Law Takes Effect September 12
As we have previously reported, the Maine governor signed a new law that: (1) puts an absolute prohibition on using personal information of a minor to market to the minor or to promote any course of action regarding a product to a minor — whether parental permission has been obtained or not and whether you know the person’s age or not; and (2) prohibits knowingly collecting personal information from children in Maine under 18 for "marketing purposes," without first obtaining parental consent.
August 24, 2009 Class Action Settlement Reached Over Sale of Customers’ Personal Information
According to a complaint filed against Time Warner Entertainment Co. in 1998, the company had sold the personal information of over 7 million customers — which information included the customers’ social security numbers and drivers’ license numbers — to third parties including telemarketers, direct marketing companies, and Time Warner affiliates and divisions.
August 24, 2009 SEC Proposes New Short Sale Price Restriction, Reopens Comment Period
In its continuing effort to balance demands for a reinstatement of price restrictions on short sales and the benefits that certain forms of short selling may provide to the marketplace, the Securities and Exchange Commission has reopened the comment period for the amendments to Regulation SHO that it proposed earlier this year, and has added a proposed new “alternative uptick rule” that would allow short selling only at prices above a security’s current national best bid price.
August 24, 2009 Regulation and Registration of Private Equity/Venture Capital Fund Advisers
On June 17, 2009, the Department of Treasury released a White Paper on Financial Regulatory Reform, which proposed that advisers to private pools of capital register with the Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended.
August 20, 2009 Bankruptcy Court Allows General Growth’s SPEs to Continue Their Bankruptcy Cases
The Chapter 11 case of General Growth Properties, Inc. and its affiliates pending in the U.S. Bankruptcy Court for the Southern District of New York has been closely watched by mortgage lenders and investors in commercial-mortgage backed securities.
August 18, 2009 Federal Reserve Extends Term Asset-Backed Securities Loan Facility
On August 17, 2009, the Federal Reserve Board of Governors and the Treasury Department announced the approval of the extension of the Term Asset-Backed Securities Loan Facility.
August 7, 2009 SEC Charges Investment Adviser With Violations of 13D Filing Requirement
On July 21, 2009, the Securities and Exchange Commission announced that it had charged an investment adviser with violating Section 13(d) of the Securities Exchange Act of 1934, as amended and Rule 13d-1 thereunder, for failing to properly report that it had purchased a significant holding in the stock of a public company.
August 5, 2009 Inspections of Medical Licensees Demonstrate Non-Compliance with NRC Regulations
Recent events have demonstrated a frequent disconnect between Nuclear Regulatory Commission regulations and hospital practice in the execution of medical procedures utilizing radiological materials.
August 5, 2009 Tips to Deal With Maine’s New Law Regarding Minors’ Personal Information
As we recently reported, the Maine governor signed a new law effective September 12, 2009, relating to the collection and use of personally identifiable information (“PII”) of people under the age of 18.
August 4, 2009 The Cuban Case and Confidential Disclosures by Public Companies
The recent U.S. district court opinion in SEC v. Cuban, although unlikely to significantly alter corporate practices, is a useful reminder of best practices for corporations and their advisors and shareholders when giving and receiving confidential information.
August 3, 2009 SEC Makes Naked Short Sale Rule Permanent - Eliminates Form SH
On July 27, 2009, the Securities and Exchange Commission announced several actions designed to protect against “abusive” short sales and to make more short sale information available to the public.
August 3, 2009 ME Has Passed Expanded COPPA-Style Law: Applies to Kids Under 18
With little fanfare, the Maine governor signed into law on June 2 a new law that, starting September 12, will essentially bring the requirements of COPPA to 13-18 year olds that reside in that state, both in the online and the offline world.
July 30, 2009 Update on Proposed Legislation to Tax Income Attributable to Partnership Profits Interests for Services as Ordinary Compensation Income
Proposals to tax income attributable to a carried interest as ordinary “self-employment” income are not new.
July 28, 2009 The American Recovery And Reinvestment Act Of 2009: Payments For Specified Energy Property In Lieu Of Tax Credits For Renewable And Alternative Projects
The newly enacted American Recovery and Reinvestment Act of 2009 represented a transformative shift in Congress’ policy for encouraging the development and operation of renewable and alternative energy projects in the United States.
July 28, 2009 AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009: ENERGY RELATED APPROPRIATIONS
July 27, 2009 SEC Approves NYSE Rule Eliminating Broker Discretionary Voting in Uncontested Elections of Directors
On July 1, 2009, the Securities and Exchange Commission approved an amendment to NYSE Rule 452 to eliminate broker discretionary voting for the uncontested election of directors.
July 24, 2009 Banking Agencies Release Proposed Interagency Guidance on Funding and Liquidity Risk Management
On July 6, 2009, the Office of the Comptroller of the Currency, the Federal Reserve Board, the Federal Deposit Insurance Corporation, the Office of Thrift Supervision, and the National Credit Union Administration, together with the Conference of State Bank Supervisors, released proposed guidance on funding and liquidity risk management.
July 24, 2009 Consideration in the House of the Consumer Financial Protection Agency Act Delayed Until September
Rep. Barney Frank (D-Mass.), chairman of the House Financial Services Committee, and 12 cosponsors introduced a bill to establish the Consumer Financial Protection Agency on July 8, 2009.
July 22, 2009 EUROPEAN UPDATE: Walking the Line - the Challenge for Proposed Pan-European Reform
Regulators around the world are walking the regulatory tight-rope under pressure to put in place preventative measures to avoid a repeat of what has been one of worst financial crises in 60 years.
July 21, 2009 EEOC Issues Technical Assistance on “Understanding Waivers of Discrimination Claims in Employee Severance Agreements”
Last week, the Equal Employment Opportunity Commission issued, on its website, a technical assistance “Q&A” document to aid both employers and employees in navigating the complex rules on waivers of discrimination claims that employees are often required to sign as part of a severance agreement.
July 20, 2009 Advertising Industry Releases Online Behavioral Advertising Principles
As we reported in February, the Federal Trade Commission issued a report that month about how companies should disclose to consumers if they engage in behavioral advertising, and give consumers choice over such practices.
July 20, 2009 Intent to Parody Does Not Avoid Copyright Infringement Claim
An intent to parody is not sufficient to save a novel from a finding of copyright infringement, according to a ruling of the Southern District of New York in early July.
July 20, 2009 Private Fund Investment Advisers Registration Act of 2009
On July 15, 2009, the Department of Treasury announced the Private Fund Investment Advisers Registration Act of 2009, proposed legislation that would require the registration of investment advisers to hedge funds and other private pools of capital, including private equity and venture capital funds.
July 20, 2009 Customs Proposes Significant Jones Act Changes in the Gulf of Mexico
U.S. Customs and Border Protection issued a notice on July 17, 2009 that has far-reaching potential impacts for the repair and supply of rigs, pipelines, and cables in the U.S. Gulf of Mexico.
July 20, 2009 CARU Recommends Modification to Disney's Sweepstakes Advertisement
The Children's Advertising Review Unit challenged a television ad for Disney's "My Movie Rewards." In the commercial, a voiceover stated that codes were found inside DVDs and later stated that every eligible code yields an entry into the million dollar sweepstakes.
June 20, 2009 NY AG Takes Action Over Fake Blog Postings
The New York Attorney General recently settled with Lifestyle Lift, a cosmetic surgery franchise, over allegations that Lifestyle posted fake customer reviews of its services on its blog and other Web sites.
July 20, 2009 ".cm" Domain Landrush Period Opens Putting Brands at Risk
".cm" is the country code top level domain assigned to Cameroon. It is significant to brand owners because Internet users searching for brand owners' Web sites frequently mistype ".com" as ".cm.
July 20, 2009 Possession of Copyrighted Work Not an Inference of Infringement
The Sixth Circuit has held that access to an allegedly infringed copyrighted work is not necessarily established where the only evidence of access is mere receipt of the allegedly infringed work by an employee of the company linked to the defendant.
July 20, 2009 Retailer Held Responsible for Claims of Product Manufacturer
The national pharmacy chain Rite Aid has agreed to pay $500,000 to settle charges from the FTC that it engaged in deceptive advertising for the "Germ Defense" tablets it sold at its various retail stores.
July 20, 2009 Use of "Uncleared" Prop Not a Copyright Infringement
Gottlieb Development LLC sued Paramount Pictures for copyright infringement, among other claims for Paramount's unauthorized use of the "Silver Slugger" pinball machine.
July 20, 2009 CDA Shields Site Because It Did Not Require User to Provide Information
Plaintiff sued MySpace in state court on behalf of her daughter, who was assaulted by a sexual predator she met on the social network.
July 20, 2009 User That Did Not See Site Terms May Still be Bound
Plaintiff sued Expedia in the Eastern District of Missouri despite a provision in Expedia's terms and conditions stipulating that all disputes be brought in the courts of Kings County, Washington. In order to book travel through Expedia, a user must either create an account or log in as a guest.
July 20, 2009 CDA Defense Not Available Against FTC Claims of Unfair Practices
According to the FTC, Accusearch Inc. had engaged in an unfair practice when it sold information contained in telephone records.
July 20, 2009 EU Working Group Indicates Social Networks and Some Users Must Comply with EU Privacy Laws
Under the EU Data Privacy Directive, a working group was set up to examine the impact of the directive on the protection of individuals with regard to the processing of their personal data.
July 17, 2009 SEC Issues Order to Allow Certain US Persons to Purchase and Sell Foreign Security Futures Contracts
The Securities and Exchange Commission has issued an order exempting, under certain conditions, certain persons from provisions of the Securities Exchange Act of 1934, as amended that prohibit the offer and sale of foreign listed security futures to U.S. persons.
July 13, 2009 Significant New Use Rule for Carbon Nanotubes Issued by USEPA
On June 24, 2009, the United States Environmental Protection Agency issued Significant New Use Rules for single- and multi-walled carbon nanotubes, 74 Fed. Reg. 29982, under the Toxic Substances Control Act, 15 U.S.C. § 2602 et seq.
July 10, 2009 Supreme Court Holds that States Can Enforce Their Banking Laws Against National Banks Through Litigation
In a decision that could have a broad impact on national banks and other financial institutions, the Supreme Court recently held that a State may enforce its own laws against national banks by bringing prosecutorial litigation against those suspected of violating state law.
July 10, 2009 Financial Stability and Recovery Program Summary (As of July 1, 2009)
July 9, 2009 New California Electronic Discovery Act Mirrors Federal Rules in Many Aspects but with Important Differences
On June 29, 2009, Gov. Schwarzenegger signed into law “The Electronic Discovery Act,” California Assembly Bill AB 5, which amends the civil rules that govern discovery for California court proceedings.
July 8, 2009 SEC Heightens Standard for Public Company Board Corporate Governance and Pay Practices for Executives
On July 1, 2009, the Securities and Exchange Commission unanimously voted in favor of two new rule proposals that will have broad implications for boards of directors of public companies and the deliberative process used to decide and disclose meaningful information to investors and shareholders.
July 8, 2009 Developments in Regulation of Municipal Securities Marketplace Participants
This briefing discusses recent developments in the regulatory and legislative arenas that foreshadow increased regulation of participants in the municipal securities marketplace.
July 2, 2009 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.
July 1, 2009 SEC Seeks Public Comment on Proposed Shareholder Proxy Access Rules
On May 20, 2009, the Securities and Exchange Commission voted in favor of proposed new rules that would require public companies to include in their proxy materials director nominees proposed by shareholders in addition to those proposed by management.
July 1, 2009 Supreme Court Rules Tax on Oil Tankers is Unconstitutional
In a decision that will impact many large-scale users of seaports, the Supreme Court recently held that a tax on ships that applied almost exclusively to oil tankers was a violation of the Tonnage Clause, Art. I, § 10, cl. 3, which provides that unless Congress consents, a state may not "lay any duty of Tonnage."
June 30, 2009 House of Representatives Passes Comprehensive Global Warming and Clean Energy Bill
On June 26, 2009, the House passed a global warming bill, the American Clean Energy and Security Act of 2009, which would establish the first federal cap on greenhouse gas emissions and a trading scheme for covered entities.
June 29, 2009 Supreme Court Rules Race-Based Actions to Remedy Employer’s Exam with Disparate Impact Violates Title VII
The Supreme Court ruled today that a city’s decision to discard results from promotion qualification exams after most minorities failed to qualify violated Title VII of the Civil Rights Act of 1964.
June 29, 2009 Court Considers Liability Under CAN-SPAM for Emails Sent by Affiliates
The United States brought suit under CAN-SPAM against Impulse Media Groupfor emails sent by its affiliates. Impulse operated an affiliate program named "SoulCash" in which affiliates earned money every time they referred a customer who subscribed to one of Impulse's Web sites.
June 29, 2009 Point Certificates Held Not Gift Cards
The United States Court of Appeal for the 9th Circuit recently reversed a lower court decision in Reynolds v. Philip Morris USA Inc., which held that California's gift certificate law applies to on-pack proofs of purchase issued by Philip Morris in connection with its Marlboro Miles loyalty program.
June 29, 2009 Lawsuit over Allegedly False Savings Claim
Expedia recently filed a lawsuit against Priceline, a competing online travel provider, alleging that Priceline is engaging in a misleading advertising campaign in which it falsely claims that consumers can save "half off" hotel prices compared to Expedia.
June 29, 2009 Limited Time Remains to Protect Trademark by Registering ".cm" Domain Name
".cm" is the country code top level domain assigned to Cameroon. It is significant to brand owners because Internet users searching for brand owners' Web sites frequently mistype ".com" as ".cm." For example, "google.cm" receives approximately 20,000 hits per day.
June 29, 2009 Twittersquatting Generates Cybersquatting Lawsuit
When Anthony La Russa, manager of the St. Louis Cardinals, learned that an unknown Twitter user created an account at twitter.com/TonyLaRussa and pretended to post updates as La Russa, he filed suit against the unknown user and Twitter in the Superior Court of San Francisco, alleging trademark infringement and dilution, cybersquatting, and misappropriation of name and likeness.
June 29, 2009 FTC Settles Charges of False Biodegradeable Claims
The FTC recently settled charges against retailers Kmart Corporation and Tender Corporation for making biodegradable, or environmentally beneficial claims about each companies respective products and product packaging.
June 29, 2009 The National Advertising Division Recommends Limiting of Advertiser's Taste Preference Claims
The National Advertising Division of the Council of Better Business Bureaus recently reviewed Domino's Pizza's advertising for its "oven baked" sandwiches following a challenge from Subway.
June 29, 2009 Resfusal to Honor Sales Prices Brings Action
Albertsons and the Florida AG recently reached an agreement regarding the AG's allegations that Albertsons refused to honor sales prices printed in the grocery retailer's weekly flyer.
June 29, 2009 Web Site Terms and Conditions Found Unenforceable Where It Containted Unilateral Right to Modify
Blockbuster operates an online service where consumers can rent videos online, and, through a contract Blockbuster has with Facebook, consumers' movie rental choices will then be placed on the consumers' Facebook pages.
June 29, 2009 FTC Brings Action over Online Tracking Application
The Federal Trade Commission recently settled with a major U.S. retailer over claims that company engaged in unfair and deceptive practices by asking consumers to download an online tracking application without accurately disclosing what information would be collected by the application, and how such information would be used.
June 29, 2009 New Breach Notification Laws in South Carolina and Alaska, Revised in Maine
Two data breach notification laws are to go into effect on July 1 in South Carolina and Alaska, and are very similar to the existing laws in other jurisdictions.
June 29, 2009 Nevada to Require Companies to Encrypt Data on Mobile Devices
Under existing Nevada law, companies must encrypt personal information that contains financial data or social security numbers when transferring that data outside of the company.
June 29, 2009 Nutter Settles with FTC over Data Security Allegations
The FTC recently settled with B. Nutter & Company, a company that provides single-family mortgage loans, regarding the FTC's claims that B. Nutter failed to properly safeguard and secure consumer personal information in violation of the FTC's Safeguards Rule and Privacy Rule.
June 26, 2009 New York Adopts Regulations Requiring Compliance Programs for Medicaid Providers
On June 24, 2009, the New York Office of Medicaid Inspector General finalized, without substantive changes, its January 14, 2009 proposal to require most Medicaid providers to adopt an effective compliance program.
June 25, 2009 Delaware District Court Reverses New Century Plan Confirmation Based on Improper Substantive Consolidation
A recent decision highlights the potential difficulty Chapter 11 debtors may face when confirming any plan of reorganization or liquidation that attempts to consolidate debtors, their assets, and liabilities without the consent of affected creditors.
June 22, 2009 Supreme Court Rules “Motivating Factor” Standard Not Allowed Under ADEA
Last week, the United States Supreme Court ruled (5 to 4) that employees bringing disparate-treatment claims pursuant to the Age Discrimination in Employment Act must prove that age was the “but-for” cause of the challenged adverse action, rather than simply a “motivating factor”.
June 19, 2009 Reminder: Report of Foreign Bank and Financial Accounts (FBAR) is Due June 30, 2009
Any United States person who has a financial interest in, or signature or other comparable authority over, a “financial account” in a foreign country is required to file a report with the IRS if the aggregate value of such accounts exceeds $10,000 at any time during the calendar year.
June 19, 2009 Obama Administration Proposes Comprehensive Reform of Financial Regulation: Impact of the Bank Regulatory Overhaul
This Briefing provides a summary of the sections of the Proposal related to the changes in the supervision of banking and financial organizations.
June 19, 2009 Obama Administration Proposes Comprehensive Reform of Financial Regulation: Aligning Compensation Practices With the Interests of Shareholders and the Stability of Financial Firms and the Financial System
On June 17th, the Obama administration released its long-anticipated proposal for financial regulatory reform. The 88-page Proposal contains several items related to executive compensation, which generally track the President’s June 10 proposal to reform the executive compensation process.
June 19, 2009 Obama Administration Proposes Comprehensive Reform of Financial Regulation: Impact on Broker-Dealers and Investment Advisers
While the Proposal is broadly designed to address issues across the spectrum of financial services and products, there are several parts of the Proposal that directly impact the activities, policies, and procedures of broker-dealers and investment advisers.
June 19, 2009 Obama Administration Proposes Comprehensive Reform of Financial Regulation: OTC Derivatives
The Proposal purports to identify the most significant causes of the current financial crisis. In the context of the over-the-counter derivatives market, the Proposal includes among such causes: the build-up and concentration of risk, often in “opaque and complex” ways; excessive risk taking by significant market participants; poor counterparty credit risk management by many banks; and a lax regulatory regime.
June 19, 2009 Obama Administration Proposes Comprehensive Reform of Financial Regulation: SEC Registration of Advisers to Hedge Funds and Other Private Pools of Capital; Harmonization of Securities and Futures Regulation and Investment Adviser/Broker-Dealer Regulation
Much of the Proposal represents a significant shift in the government’s role in the financial markets, as it takes on a much more active position with respect to the protection of consumers of financial products and services and the supervision of “systemic risk.”
June 19, 2009 Obama Administration Proposes Comprehensive Reform of Financial Regulation: Strengthening Supervision of Securitization Markets
Included in the Proposal are measures intended to strengthen the regulation of core markets and market infrastructure, and to increase transparency with respect to the distribution of risks associated with certain, particularly newer, financial instruments. To that end, the Proposal specifically addresses the need to strengthen and further regulate securitization markets.
June 16, 2009 New York Court of Appeals Says Judgment Creditors Can Garnish Property Held Overseas by Banks with New York Presence
In a decision that will significantly impact foreign banks and their clients, the New York Court of Appeals ruled recently that New York courts can order a bank with a New York presence to turn over to a judgment creditor any property it holds for a judgment debtor
June 10, 2009 Only Three Days Remain to Protect Your Trademark on Facebook
Facebook announced that beginning at 12:01 a.m. (Eastern) on Saturday, June 13, 2009, it is estimated that 200 million users will be able to select "usernames," which are Facebook Web addresses consisting of their trademark, brand name, or personal name.
June 9, 2009 Proposed Changes to Nuclear Regulatory Commission Emergency Preparedness Regulations
On May 18, 2009, the U.S. Nuclear Regulatory Commission published a proposed rule in the Federal Register to amend certain emergency preparedness requirements applicable to commercial power reactors and other utilization facilities.
June 5, 2009 New Legislation Likely to Effect Substantial Changes to Credit Card Industry
On May 22, 2009, President Obama signed into law the Credit Card Accountability Responsibility and Disclosure Act of 2009.
June 3, 2009 Bankruptcy Court Reinterprets BAP’s Decision in Clear Channel
For nearly a year since the Bankruptcy Appellate Panel of the Ninth Circuit published its decision in Clear Channel Outdoor, Inc. v. Knupfer, bankruptcy practitioners have wondered whether sales of assets free and clear of junior liens remain possible in the Ninth Circuit where the sale price does not exceed the face value of all secured debt.
June 1, 2009 Comprehensive Bills to Re-Regulate US Commodities and OTC Derivatives Industry: Stupak and Waxman-Markey Legislation – Back to the Futures
On May 14, 2009, Congressman Bart Stupak introduced the “Prevent Unfair Manipulation of Prices Act of 2009” to reform the existing regulatory scheme for the over-the-counter derivatives and energy commodities industry.
May 29, 2009 The Federal Reserve Board Revises Regulation D to Permit up to Six Monthly “Convenient” Transfers from a Savings Account
On May 20, 2009, the Federal Reserve Board announced amendments to Regulation D and Regulation I.
May 29, 2009 SEC Proposes New Shareholder Proxy Access Rule
On May 20, 2009, the Securities and Exchange Commission voted in favor of proposed new rules that would require public companies to include in their proxy materials director nominees proposed by shareholders in addition to those proposed by management.
May 28, 2009 Reminder from the State And Local Tax Group Regarding Upcoming Deadlines for California Taxpayers
As a reminder for those contemplating filing, May 31, 2009 is the deadline for a corporation to file amended California franchise tax returns to avoid California’s new mandatory 20 percent penalty on a corporate taxpayer’s understatement of tax in excess of $1 million.
May 27, 2009 Modification du droit des installations classées et du droit des déchets par la Loi du 12 mai 2009
La loi n° 2009-526 de simplification et de clarification du droit et d’allègement des procédures, adoptée le 12 mai 2009 et entrée en vigueur le 14 mai, introduit dans le code de l’environnement un certain nombre d’adaptations visant à alléger le droit des installations classées et à préciser le droit des déchets
May 26, 2009 New Federal Gift Card Law Enacted
The Credit Card Act of 2009, which was passed on Friday, May 22, provides federal regulations for gift cards.
May 26, 2009 Class Action Alleges Failure to Provide Free Method of Entry
A class action lawsuit was brought against several California casinos claiming that the casinos engaged in false advertising and offered an illegal lottery, another case in their bad-beat poker jackpot promotions
May 26, 2009 Use of Athlete Name, Stats, and Images in Fantasy Games Protected
In a recent decision, CBS Interactive, Inc. prevailed on a lawsuit against the National Football League Player's Association, Inc., which sought to prevent the NFLPA from collecting royalties for the use of players' names, likenesses, stats, and biographical data in fantasy football leagues.
May 26, 2009 Civil Penalty Assessed for "Hidden and Deceptive" Fees in Pre-Paid Calling Cards
A provider of calling card services was ordered to pay a $300,000 civil penalty after the California Attorney General brought an action seeking to bar the company from charging "hidden and deceptive" fees for its pre-paid calling cards.
May 26, 2009 Tire Company Settles with 17 AGs for $375,000 Over Allegedly Deceptive Advertising
Michelin North America Inc. has reached a multistate settlement with 17 state attorneys general to resolve claims that the company falsely advertised its fuel-efficient tires.
May 26, 2009 Google Lifts Ban on Trademark Terms for Search Ads
Google announced that it has changed its trademark policy for search ads to allow use of trademarks in ad text by advertisers other than the trademark owner.
May 26, 2009 FDA Warns That Health Claims for Cereal Advertising Could Trigger "Drug" Requirements
The Food and Drug Administration issued a warning to General Mills, producer of Cheerios cereal, because the FDA concluded that certain claims made on product labeling such as "you can Lower Your Cholesterol 4 pecent in 6 weeks" and "clinically proven to lower cholesterol" require an approved new drug application.
May 26, 2009 Court Finds Claims of "Unique Formula" May Be Puffery
A district court refused to issue a temporary restraining order against Mead Johnson Nutrition Co. in a recent false advertising case in which PCM Products LLC alleged Mead's claims were false.
May 26, 2009 Court Finds That "Best Built" Claim Is Puffery, but "Safest" Claim Is Not Puffery
Katherine Giles sued The Inflatable Store, Inc. for violating the Colorado Consumer Protection Act after Giles was severely injured while wearing TIS's mock sumo wrestling suit.
May 22, 2009 Regulatory Reform of Over-the-Counter (OTC) Derivatives
On 13 May 2009, the Obama administration announced its objectives for regulatory reform of the over-the-counter derivatives markets, a key element of the new regulatory rules of the road that were announced in late March 2009 by Treasury Secretary T. Geithner in response to the current financial crisis.
May 22, 2009 SEC Proposes Amendment to Advisers Act Custody Rule to Better Protect Investor Funds Against Madoff-Type Investment Scams
The Securities and Exchange Commission in an open meeting on May 14, 2009 approved the issuance of a release proposing for comment amendments to Investment Advisers Act Rule 206(4)-2 — Custody of Funds or Securities of Clients by Investment Advisers to address gaps in protections for investors who entrust their money to SEC-registered investment advisers.
May 20, 2009 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 19, 2009 Illinois Appellate Court Finds Forced Holidays Did Not Change Exempt Status Under State Wage Law
An Illinois appellate court recently ruled that a telecommunications company that cut the working time and pay of salaried employees through furlough days during holiday weeks did not forfeit the exemption for salaried professionals under the Illinois Minimum Wage Law.
May 19, 2009 Supreme Court Upholds Mandatory Arbitration of Discrimination Claims
In a decision that could have a broad impact on business and organized labor, the United States Supreme Court recently held that a collective bargaining agreement can require the arbitration of workplace discrimination claims arising under the Age Discrimination in Employment Act.
May 15, 2009 FINRA Proposes Revisions to Personal Transaction Rules
As part of its continuing efforts to consolidate NASD and New York Stock Exchange Rules, FINRA is proposing a new regime for supervising the personal trading activities of its members’ associated persons.
May 12, 2009 Burlington Northern & Santa Fe Railway Co. v. United States: An Important Supreme Court Decision Clarifying Arranger Liability and the Apportionment of Liability under CERCLA
On May 4, 2009, the Supreme Court issued a near-unanimous decision with important implications for entities subject to Superfund clean-up actions.
May 7, 2009 Energy Users Should Take Cost-Effective Action Now to Manage Energy Costs and Anticipate Climate Change Legislation
Congressional and regulatory initiatives to significantly reduce greenhouse gas emissions and lessen dependence on fossil fuels and foreign oil have taken center stage in the United States.
May 4, 2009 Update 4: 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.
April 30, 2009 Impact of Swine Flu in the Workplace
Now that the World Health Organization has raised the swine flu (also called the 2009 H1N1 flu) pandemic alert to a Level 5 (out of 6), employers may need to take precautions to safeguard their workers’ health and to avoid possible liability issues.
April 28, 2009 Illinois Supreme Court Expands Strict Liability Standard for Workplace Sexual Harassment Committed by Supervisors
Illinois employers are strictly liable for sexual harassment committed by any supervisor, even if the supervisor does not directly supervise the employee alleging harassment, according to a 4-2 ruling by the Illinois Supreme Court.
April 24, 2009 EPA Issues Proposed Endangerment Finding
On April 17, 2009, the Environmental Protection Agency issued a proposed finding that greenhouse gases cause air pollution that may endanger public health or welfare.
April 23, 2009 Seventh Circuit Approves Plan Release for Third Parties
The Seventh Circuit Court of Appeals has expanded the scope of permitted third-party releases under a plan of reorganization to include the nonconsensual release of claims held by a non-creditor so long as the party whose claim is being extinguished receives fair notice and an opportunity to object.
April 22, 2009 Company Subject to Writer's Union Received Objection Regarding User-Generated Content
The Writers Guild of America (WGA) has objected to a television network's request for story ideas from mothers for its new sitcom, claiming that it violates the network's contract with the guild. ABC created a new sitcom that was based on an online video series that featured brief vignettes about funny, stressed-out moms, which were inspired by stories submitted by viewers via an online forum.
April 22, 2009 FTC Settles With Major Packaged Food Manufacturer for Charges of False and Misleading Cereal Ads
The FTC recently settled charges against a major packaged food manufacturer, alleging that its cereal advertising was false and misleading.
April 22, 2008 Court Finds "#1 Bridal Show" Claim Is Puffery
A claim that a wedding showcase is "Houston's #1 Bridal Show" is puffery, and not a claim that would require substantiation, according to a recent decision by a federal court in Texas.
April 22, 2009 Lawsuit Filed Over "Green" Seal Of Approval
S.C. Johnson & Son, Inc. was recently sued for its use of a seal of approval on the front of its Windex product that states "Greenlist" and includes leaves on the label. Additionally, the packaging states that "Greenlist is a rating system that promotes the use of environmentally responsible ingredients."
April 22, 2009 Court Finds 30-Second Song Previews are Not a Fair Use
In order to provide cell phone users with a 30-second song clip they can listen to before purchasing a ringtone, AT&T sought a public performance license from the American Society of Composers, Authors and Publishers for a number of the songs used in its previews.
April 22, 2009 Insurance Policy's "Advertising Injury" Clause Found to Apply to a Claim of Trademark Infringement
The Minnesota Supreme Court recently held that an insurance policy containing coverage for an "advertising injury" or "infringement of a title" applies to a claim of trademark infringement. he owner of the "Hobbit Travel" travel agency was sued by the administrator of the rights to J.R.R. Tolkien's The Hobbit and The Lord of the Rings trademarks for its use of the "Hobbit" designation.
April 22, 2009 Bayer Settlement Agreement Requires Corrective Advertising Campaign
The California Attorney General recently reached a settlement agreement with Bayer regarding the AG's claims that Bayer engaged in deceptive advertising for YAZ. The AG alleged that Bayer made claims about its product that were not FDA approved, in violation of a previous agreement that prohibited Bayer from making false or misleading claims about its products sold in the United States.
April 22, 2009 Venue Selection Clause Struck by Court Due to "of" Language
The California Appellate Court recently struck the venue selection clause which attempted to elect venue in federal courts in Virginia via America Online's membership contract. AOL's clause contained a choice of law provision designating Virginia courts by stating the "courts of Virginia".
April 22, 2009 The Second Circuit Finds that Google's Keyword Sales May Be "Use in Commerce"
The Second Circuit Court of Appeals recently held that Google's keyword ad practices constituted a "use in commerce" for purposes of trademark law.
April 22, 2009 Telemarketer Penalized for Failure to Determine Source of Data Leads
VICI Marketing LLC, a telemarketing company, obtains customer contact data from third-party data brokers. According to the terms of a recent settlement the company reached with the Florida attorney general, VICI will now conduct due diligence when obtaining data from third parties and before using such data for telemarketing purposes.
April 22, 2009 Creditors Must Have ID Theft Measures in Place by May 1
Companies that fall under the Red Flag Rules' definition of "creditor" must have a plan in place by May 1 that outlines how the companies protect consumer data from identity theft.
April 17, 2009 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 17, 2009 SEC Proposes to Reinstate Short Sale Price Restrictions
On April 10, 2009, the Securities and Exchange Commission proposed to reinstate price restrictions on short sales. This proposal is the result of the current turmoil in the financial markets, which has eroded investor confidence to the point where the Commission, under pressure from Congress, issuers, investors and the press, has decided to reevaluate its 2007 decision to eliminate such restrictions.
April 16, 2009 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.
April 7, 2009 More COBRA Subsidy Information
On March 31, 2009, the Internal Revenue Service released its Notice 2009-27, in the form of a series of questions and answers that provide additional guidance regarding the COBRA premium reduction.
April 7, 2009 Municipalities Can Easily Reject Collective Bargaining Agreements Under the Bankruptcy Code
A bankruptcy court has provided a powerful weapon to municipalities looking to renegotiate labor agreements, ruling that municipalities can reject collective bargaining agreements in cases under Chapter 9 of the Bankruptcy Code without complying with the strict requirements imposed on businesses under Chapter 11.
April 2009 Global Financial Markets Spotlight – United Kingdom
Summary of Fiscal Recovery Measures Implemented in the United Kingdom
April 7, 2009 A Spotlight on the Turner Review
On 18 March 2009, Lord Turner, Chairman of the UK Financial Services Authority, published his review of the causes of the current crisis and his recommendations on the changes in regulation and supervisory approach needed to create a more robust banking system for the future.
March 31, 2009 Chinese Manufacturers’ Remedies and Strategies When Dealing with Financially Distressed Buyers in the United States
China’s exports to the United States, its top trading partner and export destination, have increased dramatically in the last decade.
March 31, 2009 Chinese Manufacturers’ Remedies and Strategies When Dealing with Financially Distressed Buyers in the United States
(Simplified Chinese Version)
March 31, 2009 Chinese Manufacturers’ Remedies and Strategies When Dealing with Financially Distressed Buyers in the United States
(Traditional Chinese Version)
March 25, 2009 New York Attorney General Takes Action for Rebate Promotion That Awarded Prepaid Cards Instead of Cash
AT&T Mobility agreed to pay more than $2.63 million to consumers as part of its agreement with the New York Attorney General over AT&T's rebate offers for cellular phones and wireless services.
March 25, 2009 Appellate Court Holds That Web Site Not Gambling Where Bets Were Non-Binding
A state appellate court in Washington held that Betcha.com, an Internet betting exchange, was not in violation of the Washington State Gambling Act by providing a forum for person-to-person social wagering.
March 25, 2009 Web Site Host That Solicited Allegedly Defamatory Comments May Lose CDA Immunity
A state appellate court recently found that the specific solicitation of potentially defamatory content and the intermingling of third-party content with one's own comments may remove a Web site host or user from immunity under the Communications and Decency Act.
March 25, 2009 Court Allows Jackson Browne's Claims to Proceed For Use of Song in Commercial
Last month, a federal court denied Sen. John McCain and the Republican National Committee’s (RNC) motion to dismiss a lawsuit filed by Jackson Browne.
March 25, 2009 Domain Name Dispute Procedure Not Proper Way To Resolve Copyright Infringement Claim
A Uniform Domain Name Dispute Resolution Policy Panel denied Viacom International, Inc. relief in its complaint over the domain name stansdad.com. The UDRP is an alternative dispute resolution mechanism designed to resolve domain name disputes in a quick and cost-effective manner.
March 25, 2009 FTC Allows Manufacturers To Provide Warranty Terms or Electronic Devices
A recent FTC staff opinion addressed whether it is possible for a manufacturer of electronic devices to comply with the Magnuson-Moss Warranty Act by providing warranty terms electronically on a warranted device.
March 25, 2009 Advertisers That Failed to Comply With NAD Decision Referred to The FTC
The National Advertising Division has asked the Federal Trade Commission to investigate Mead Johnson’s advertising for its infant formula.
March 25, 2009 Non-Famous and Non-Distinctive Trademarks Not Protected Under the Federal Cybersquatting Act
A court ruled that a plaintiff, Philbrick's Sports, could not assert a claim under the Anticybersquatting Consumer Protection Act against eNom, Inc. for holding domain names similar to Philbrick's trademark, because the ACPA only protects famous and distinctive trademarks.
March 25, 2009 Court Holds Online Retailers Not Required To Comply with FACT Act's Prohibition on the Printing of Credit Card Expiration Dates On Receipts
An individual sued online retailer Zazzle when the company displayed credit card expiration dates on its on-screen payment confirmation pages.
March 23, 2009 Illinois Law Restricting Participation in Federal E-Verify Program Held Invalid
Last week, the U.S. District Court for the Central District of Illinois held that Section 12(a) of the Illinois Right to Privacy in the Workplace Act violates the supremacy clause of the United States Constitution and is thus invalid. See United States v. Illinois, No. 07-3261, (C.D. Ill. March 12, 2009).
March 20, 2009 Model COBRA Notices Released; Action Required
On March 19, 2009, the Department of Labor issued the much-anticipated model notices and updated frequently asked questions for employers and employees regarding the COBRA premium subsidy that was enacted under the American Recovery and Reinvestment Act of 2009.
March 19, 2009 FINRA Proposes Consolidated Limit and Market Order Protection Rule
The Financial Industry Regulatory Authority, as part of its development of a consolidated rulebook incorporating FINRA, NASD, and New York Stock Exchange rules, is proposing new FINRA Rule 5320 governing protection of customer orders.
March 19, 2009 First Circuit Upholds NLRB’s Authority to Issue Two-Member Decisions and Affirms Ruling That Confidentiality Provision in Employment Contract Violated Federal Labor Law
In Northeastern Land Servs. Ltd. d/b/a NLS Group v. NLRB, No. 08-1878 (1st Cir., March 13, 2009), the First Circuit held in a case of first impression that the NLRB’s “delegation of its institutional power to a panel that ultimately consisted of a two-member quorum because of a vacancy was lawful under the plain text of [S]ection 3(b)” of the National Labor Relations Act.
March 12, 2009 EPA Issues Proposed Greenhouse Gas Reporting Rule
In a move that is widely viewed as a precursor to comprehensive federal climate change legislation, on March 10, 2009, the Environmental Protection Agency issued a proposed rule that would require large emitters of greenhouse gases to submit annual reports of their GHG emissions to EPA.
March 12, 2009 Global Financial Markets Spotlight – Hong Kong
Summary of Measures Implemented by the Hong Kong Special Administrative Region Government.
March 12, 2009 Global Financial Markets Spotlight – People’s Republic of China (PRC)
Summary of Measures Implemented by the PRC Government (as of March 3, 2009)
March 11, 2009 Employee Free Choice Act Introduced in Congress
The Employee Free Choice Act was introduced yesterday in both the House and Senate, days after President Obama renewed his pledge to sign the legislation. The EFCA would amend the National Labor Relations Act to allow unions to bypass secret ballot elections and demand employer recognition through a process called "card check."
March 11, 2009 Update 3: 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.
March 9, 2009 Privacy Provisions of the HITECH Act
The stimulus bill, also known as the American Recovery and Reinvestment Act of 2009, makes major changes to the privacy and security provisions of the Health Insurance Portability and Accountability Act of 1996.
March 9, 2009 Forward-Looking Capital Assessments and the Capital Assistance Program
On February 25, 2009, the federal bank regulatory agencies began forward-looking economic assessments of large U.S. banking organizations with at least $100 billion in assets.
March 4, 2009 Stimulus Bill Dramatically Expands Small Shipyards Grant Program
President Obama’s stimulus funding has found its way to the U.S. Maritime Administration (MarAd). On March 4, 2009, MarAd announced the availability of $98 million in small shipyard grants appropriated in the American Recovery and Reinvestment Act of 2009 (popularly known as the stimulus bill).
March 2, 2009 The American Recovery and Reinvestment Act of 2009: Methods of Receiving Value for New and Extended Renewable and Alternative Energy Tax Incentives
The newly-enacted American Recovery and Reinvestment Act of 2009 (the Stimulus Act) represents a transformative shift in Congress’ policy for encouraging the development and operation of renewable and alternative energy projects in the United States.
March 2, 2009 Aircraft Impacts for New Nuclear Power Reactors: Final Rule
On February 17, 2009, the Nuclear Regulatory Commission approved a final rule amending certain requirements in 10 C.F.R. Parts 50 and 52 for consideration of aircraft impacts for new nuclear power reactors.
February 25, 2009 Tracking and Accountability in an Age of Financial Stability Plans
In recent months, lawmakers have called for greater accountability, transparency, and tracking of proceeds in the government’s financial stability program.
February 23, 2009 Promotion Open Only to Females Determined Not Discriminatory
In 2006, Dr. Michael Cohen filed suit against the California Angels for claiming age and sex discrimination based on an Angels' Mother's Day promotion whereby all females 18 years of age and older attending the baseball game at Angeles Stadium received a free Angels tote bag.
February 23, 2009 FTC Announces Do-Not-Call Settlements For Use of Numbers Obtained Via Sweepstakes, Free, and Other Promotional Offers
The FTC has settled two do-not-call cases with the time share providers Westgate Resorts, Ltd. (and related entities) and All in One Vacation Club, LLC (and related entities), with civil penalties from the two companies totaling $1.2 million.
February 23, 2009 FTC Settles with Advertisers Over "Free" Offers
The FTC reached a settlement with two companies, Complete Weightloss Center, Inc. and JAB Ventures, LLC, that marketed weight-loss products online. Complete Weightloss urged consumers to buy the products through a series of online ads that offered "free" trials, such as "Click Here to try it Absolutely FREE*" with the asterisk referring consumers to the small disclosure:
February 23, 2009 Iowa Court Rules on Uncashed Rebate Check Escheat Issue
An Iowa District Court denied the Summary Judgment Motions filed by a major pharmacy retailer and major wireless carriers against the State of Iowa who was seeking to have such parties declared "holders" of unclaimed property (uncashed rebate checks), which was allegedly not reported and transmitted to the state as required under state escheat laws.
February 23, 2009 FTC Charges Company With Failing to Live Up To Rebate Promises
An Indiana-based reseller of computer-related hardware and other electronics equipment, which distributed its products through numerous national retailers, offered many mail-in rebates ranging in value from $20 to $150.
February 23, 2009 FTC Report Recommends Self-Regulation for Behavioral Advertising
In December 2007 the FTC sought comment on proposed behavioral advertising principles, which would have required companies to give consumers a choice as to whether information they submitted online was used for behavioral advertising purposes.
February 23, 2009 NAD Holds Use of "Superior" Not a Comparative Claim in the Context Used
"Superior Gray Coverage" was used on a package of L'Oreal Excellence Crème. Procter & Gamble Company challenged the claim in front of the NAD, arguing that it was a superiority claim against all other hair coloring products.
February 23, 2009 Electronics Retailer Criticized for Paying Consumers to Write Favorable Reviews
In what it alleges was a random and unauthorized incident, an online advertising representative for a major electronics retailer was found to be offering to pay consumers to post favorable reviews on sales sites such as Amazon.com.
February 23, 2009 Warcraft Bot Violates DMCA Anti-Circumvention Provisions Even Without Copyright Infringement
An Arizona judge recently ruled that a bot engineered to avoid detection by the World of Warcraft anti-bot detection mechanisms violated sections 1201(a)(2) and 1201(b)(1) of the Digital Millennium Copyright Act.
February 23, 2009 Company President Personally Liable for Company's Purchase of Counterfeit Software
The president of Ram Distribution LLC, was recently sued for vicarious and contributory copyright and trademark infringement when he purchased counterfeit software through the secondary market. The software owner alerted Mr. Boldin of the infringement, however he continued to purchase the cut-rate software which resulted in the software owner suing Ram Distribution and Mr. Boldin for trademark and copyright infringement.
February 23, 2009 MMA Revises Mobile Advertising Self-Regulatory Standards
The Mobile Marketing Association, a self-regulatory group that provides guidelines for its members—and others—in how to engage in responsible mobile advertising, updated its mobile advertising guidelines in January.
February 23, 2009 Online Computer Retailer Agrees to Settle FTC Data Breach Allegations
An online computer retailer has agreed to refrain from making deceptive privacy and data security promises and to implement and maintain a comprehensive data security program to safeguard consumers' personal information under a proposed agreement and consent order with the FTC.
February 23, 2009 Massachusetts Delays Encryption Requirement
As we reported in October, Massachusetts recently amended its data protection law to require companies to both encrypt data when sending it electronically and to put in place a written data security program.
February 20, 2009 New York and New Jersey “WARN” Update
The New York State Worker Adjustment and Retraining Notification Act became effective February 1, 2009. The New York State Department of Labor also issued an Emergency/Proposed Rule, which took effect on February 1, 2009.
February 19, 2009 Accountability and Transparency Under the American Recovery and Reinvestment Act
The American Recovery and Reinvestment Act establishes numerous government oversight bodies charged with responsibilities ranging from generating information on institutions receiving government assistance to disseminating information regarding the effect of this unprecedented economic stimulus package.
February 19, 2009 New Executive Compensation Limitations Under the American Recovery and Reinvestment Act
On October 3, 2008, President Bush signed into law the Emergency Economic Stabilization Act. EESA established the Troubled Assets Relief Program. On February 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act which, among other things, amended the executive compensation provisions of EESA.
February 19, 2009 Adding Insult to Injury – How the Tax Code Complicates Amending Financing Transactions
Few people would be surprised to discover that if a creditor forgives a debt or allows a debtor to retire a debt for an amount that is less than the amount originally borrowed by the debtor, the Internal Revenue Service will tax the amount of the forgiveness or discount as ordinary income.
February 19, 2009 Provisions of the Stimulus Legislation Affecting Tax-Exempt Financing
The following is intended only as a general summary of those provisions of the American Recovery and Reinvestment Act of 2009 affecting the tax-exempt financing provisions of the Internal Revenue Code of 1986.
February 18, 2009 The Stimulus Bill’s Effect on the Health Care Industry
The America Recovery and Reinvestment Act of 2009, passed by Congress on Friday, February 13, 2009, and signed by the President on Tuesday, February 17, 2009, significantly impacts the health care industry.
February 12, 2009 The Hedge Fund Transparency Act of 2009: A New Legislative Initiative Calling for Increased Oversight of Private Investment Funds
Senators Charles Grassley and Carl Levin have proposed the Hedge Fund Transparency Act of 2009, legislation that would require hedge funds and other private investment funds to register with the Securities and Exchange Commission under the Investment Company Act of 1940.
February 11, 2009 Update 2: Summary of Federal Reserve’s Term Asset-Backed Securities Loan Facility
On November 25, 2008, the Federal Reserve Board of Governors announced the creation of the Term Asset-Backed Securities Loan Facility. The Federal Reserve published revised terms and conditions for, and a question and answer summary related to, TALF on December 19, 2008.
February 10, 2009 New York Judge Blows a Clever Hole in Maritime Attachments
A judge from the U.S. District Court for the Southern District of New York has fired a powerful and clever broadside at the rapidly-escalating practice of maritime attachment of electronic fund transfers in New York, by granting the attachment, but denying the means necessary to make the attachment reasonably enforceable, in the case of Cala Rosa Marine Co. Ltd. v. Sucres et Deneres Group.
February 9, 2009 Troubled Assets Relief Program: Recent Developments Regarding Tracking and Monitoring Use of Capital Purchase Program Funds
The U.S. Department of the Treasury announced its Capital Purchase Program as part of the Troubled Assets Relief Program under the Emergency Economic Stabilization Act of 2008 late last year. Under the CPP, Treasury purchases from financial institutions preferred stock and warrants to purchase common stock.
February 6, 2009 Nanotechnology
Nanotechnology is a burgeoning field that is creating new opportunities to improve a vast array of products. While there is no internationally recognized definition of nanotechnology, the term is generally used to describe the science and art of manipulating, rearranging and developing matter smaller than 100 nanometers.
February 2, 2009 President Obama Signs Executive Orders Impacting Government Contractors
Last Friday, President Obama signed three executive orders governing federal contractors' obligations to and interactions with their employees.
January 30, 2009 Lilly Ledbetter Fair Pay Act Signed into Law
President Barack Obama signed the Lilly Ledbetter Fair Pay Act into law yesterday. This Act marks the first piece of legislation signed by President Obama.
January 30, 2009 Video Sharing Service Not Liable for Material Uploaded to the Web Site by Third Parties
The District Court for the Northern District of California held that Defendant Veoh, a video sharing service similar to YouTube, was protected by "safe harbors" under the Digital Millennium Copyright Act and not liable for copyright infringement for material uploaded to its Web site.
January 30, 2009 Pre-Paid Account Allegedly Subject to State Gift Card Laws
Skype was recently sued for violating the State of Washington gift card laws. In particular, the class action complaint alleges that Skype's "Stored Value Accounts" constitute gift cards under the Washington law, inasmuch as a customer establishes such an account by paying Skype a specific amount, and then Skype deducts from that account for any charges the customer accrues.
January 30, 2009 SMS Short Code Patent Asserted
Lawyers for TeleCommunication Systems Inc. recently sent letters to mobile marketing firms and SMS aggregators alleging infringement of a short code patent. Interestingly, the lawyers for TCS are the same lawyers for the owner of the Cairns patent, which has become well known in the promotional law community.
January 30, 2009 Court Rules Texas Hold 'Em Poker Is a Game of Skill Under State Gambling Law
A trial judge in Pennsylvania dismissed criminal gambling charges against the operator of a poker room, holding that Texas Hold 'em is a game of skill. The poker operator had set up poker tables in a garage.
January 30, 2009 FDA Warns That Soft Drink Is Misbranded
Last month, the Food and Drug Administration (FDA) sent a warning letter to Coca-Cola for the labeling of its Diet Coke Plus soft drink. The FDA warned that it believed Coca-Cola's use of "Diet Coke Plus" in conjunction with "Diet Coke with Vitamins & Minerals" was a nutrient content claim.
January 30, 2009 Retailer Charged With Not Selling at Lowest Advertised Price
One of the largest fast food retailers agreed to pay $645,000 in connection with its advertising that offered any sandwich for $5. Sonoma County District Attorney's office investigated Subway, and alleged that its advertising was misleading because it failed to disclose a number of restrictions to the $5 offer meal deal, and that various franchises were overcharging consumers for the sandwich that was purchased in combination with the offer.
January 30, 2009 Consumer Products Safety Commission Clarifies Law
Effective February 10, 2009, the Consumer Product Safety Improvement Act of 2008 (CPSIA) makes the existing standard for toy safety a mandatory consumer product safety standard, and requires certain products to be tested by an accredited third-party laboratory.
January 30, 2009 Search Engines That Provided Editorial Guidelines Still Immune for Third Party Content Under CDA
Internet search engines were found to be immune from liability for advertisements purchased by illegal gambling Web sites under Section 230 of the Communications Decency Act.
January 30, 2009 Online Social Network Accused of Deceptive E-mail Marketing
A class action lawsuit was filed against online social network Classmates.com for allegedly wrongfully inducing individuals to become paid members of the network through a deceptive e-mail marketing campaign.
January 30, 2009 No Trademark Infringement Likely Where Weak Trademark Was Used in Close Conjunction to Strong Brand
Tastemakers Media conducted events and parties aimed at people who "wish to engage in a luxury lifestyle" and from 1998-2002 published a "nightlife guide." In 1999, Tastemakers filed trademark applications for a stylized version of "Tastemakers NYC" and the word "Tastemakers."
January 30, 2009 California Court Finds Zip Code Is Not "Personal Information"
California’s Song-Beverly Credit Card Act prohibits retailers from requesting or requiring, as a condition of accepting a credit card payment, "personal identification information" of a cardholder that does not appear on the credit card itself.
January 30, 2009 Task Force That Includes Leading Social Networks Issues Final Report
As we reported in January 2008, 49 states reached a settlement with MySpace regarding protection of children on the Internet. As part of the settlement, MySpace agreed to lead a task force of online social networks and states attorneys general which would study safety of children in social networking Web sites and develop guidelines and mechanisms for keeping children safe in such environments
January 30, 2009 New Jersey Seeking Comments to Revised Computer Security Rules
Under New Jersey's Identity Theft Prevention Act, companies are required to notify individuals in the event of a data breach, must securely destroy certain types of data, and are limited in use of Social Security Numbers.
January 28, 2009 Supreme Court Holds Title VII’s Retaliation Clause Covers Worker’s Replies to Employer’s Investigation Inquiry
This week, the United States Supreme Court unanimously ruled that an employee fired within a few months of disclosing a supervisor’s alleged sexual harassment in response to her employer’s questions may pursue a retaliation claim under Title VII of the 1964 Civil Rights Act, even though she never filed a harassment charge or initiated the internal investigation. (Crawford v. Metro. Gov't of Nashville & Davidson County, Tenn., U.S., No. 06-1595, 1/26/09).
January 28, 2009 FINRA Adopts Significant Changes to Trade Reporting Rules
On January 23, 2009, the Financial Industry Regulatory Authority announced that, effective August 3, 2009, reporting obligations for over-the-counter equity transactions will change significantly. The new rules replace FINRA’s current market maker-based reporting regime with a simpler, more uniform one that calls for transactions between member firms to be reported by the “executing party.”
January 26, 2009 Federal Appeals Court Demolishes Defenses Against MARPOL Prosecutions
On January 20, 2009, the U.S. Court of Appeals for the Second Circuit upheld the jury conviction of Ionia Management S.A. for failing to “maintain” an oil record book while in U.S. waters. In its decision, the Second Circuit has joined the Fifth Circuit in construing the Act for the Prevention of Pollution from Ships broadly and extending vicarious criminal liability to ship owners and operators.
January 23, 2009 Nuclear Regulatory Commission Identifies Fitness-for-Duty Violations Involving Completeness and Accuracy of Information and Deliberate Misconduct
This briefing addresses the U.S. Nuclear Regulatory Commission’s identification of apparent fitness-for-duty violations involving completeness and accuracy of information and deliberate misconduct.
January 21, 2009 UK Announces Second Wave of Credit Market Stimuli and Innovative Insurance Safety Net for UK Lenders
On January 19, 2009, British Prime Minister Gordon Brown announced a second wave of plans aimed at kick starting the flow of credit in the UK by restoring confidence and encouraging British banks to start lending again to both individuals and businesses. Our London office briefing outlines the key features of these innovative plans.
January 21, 2009 Legislative Update Concerning New Paycheck Fairness Measures
The U.S. House of Representatives recently approved two pay equity bills, the Lilly Ledbetter Fair Pay Act and the Paycheck Fairness Act. These measures are expected to pass through the Senate and to be signed into law by President Obama in the near future.
January 20, 2009 Antitrust Update - FTC Announces Annual Changes to Notification Thresholds for HSR Act Filings
The Federal Trade Commission recently announced the annual revisions to the Hart-Scott-Rodino thresholds, as well as certain other dollar amounts.
January 15, 2009 FDA Issues Final Guidance Regarding Distribution of Off-Label Medical Articles
On January 12, 2009, the FDA published a Final Guidance for Industry for the distribution of medical journal articles regarding unapproved uses (off-label reprints) of FDA approved drugs and medical devices.
January 14, 2009 New Controversies Over Implementation of CPSIA Phthalate Ban, Exemptions from Children's Products Standards, and Certification of Compliance
This client briefing, the fifth in Winston & Strawn’s series regarding the Consumer Product Safety Improvement Act of 2008 (CPSIA), reviews recent CPSIA developments and identifies the upcoming effective dates and deadlines for public comment on the CPSIA’s new requirements.
January 13, 2009 NRC Issues Revision to RIS 2001-07, Reporting and Recordkeeping for Decommissioning Planning
This briefing addresses the NRC’s issuance of Revised RIS 2001-07, Reporting and Recordkeeping for Decommissioning Planning.
January 8, 2009 Reporting Requirements for Foreign Direct Investment in the United States
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