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May 20, 2013 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 28
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
May 17, 2013 Briefing Federal Circuit Finds Software Patents Under Review Invalid Under 35 U.S.C. §101, But Fails to Establish Binding Standard for Subject Matter Eligibility
CLS Bank involved the patent eligibility of the subject matter covered by four patents owned by Defendant Alice Corporation.
May 17, 2013 Briefing Third Circuit Finds Recess Appointment of NLRB Member Invalid
A second U.S. Court of Appeals has ruled that recess appointments of National Labor Relations Board members were unconstitutional because they did not occur during an intersession recess of the Senate. NLRB v. New Vista Nursing & Rehab., 3d Cir., No. 11-3440, (5/16/13).
May 16, 2013 Briefing Dodd-Frank: Recent Relief from Business Conduct Rules in Respect of FX Transactions
In November 2012, the Secretary of Treasury issued a final determination that, in effect, exempted FX swaps and FX forwards from many of the requirements added to the Commodity Exchange Act by Dodd-Frank.
May 15, 2013 Briefing U.S. Supreme Court Holds Patent Exhaustion Does Not Permit a Farmer to Reproduce Patented Seeds Through Planting and Harvesting Without the Patent Holder’s Permission
In a case of significance for patent holders and the agricultural industry, the U.S. Supreme Court unanimously held on May 13, 2013 that the doctrine of patent exhaustion does not permit a farmer to make copies of patented soybean seeds after purchasing them in the marketplace.
May 15, 2013 Newsletter Federal Circuit Patent Decision Summaries, Volume 6, Issue 11
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.
May 14, 2013 Newsletter Private Equity Update - Spring 2013
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.
May 13, 2013 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 27
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
May 13, 2013 Newsletter London Fortnightly Financial Newsletter, Volume 1, Issue 12
Litigation – Fortnightly Financial News is written by lawyers in Winston & Strawn LLP’s London office, focussing on developments within the financial services industry.
May 13, 2013 Newsletter Financial Services Update, Vol. 8, Number 19
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
May 9, 2013 Briefing D.C. Circuit Invalidates NLRB Notice-Posting Rule
The U.S. Court of Appeals for the D.C. Circuit has struck down a National Labor Relations Board regulation requiring businesses to post notices of workers’ rights under the National Labor Relations Act, holding that such a rule violates the free speech rights of employers under federal labor law. Nat’l Assoc. of Manufacturers v. NLRB, D.C. Cir., No. 12-5068 (May 7, 2013).
May 7, 2013 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 26
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
May 6, 2013 Newsletter Financial Services Update, Vol. 8, Number 18
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
May 2, 2013 Briefing U.S. Supreme Court Denies Cert in Antitrust Case Over Loyalty Rebates
On April 29, 2013, the U.S. Supreme Court denied a petition for a writ of certiorari seeking to overturn a judgment against Eaton Corporation for allegedly using multiple, long-term supply contracts containing volume rebates to foreclose a substantial share of the truck transmission market in violation of the Sherman and Clayton Acts.
May 1, 2013 Briefing Unclaimed Property Holders Beware: Delaware Unclaimed Property Voluntary Disclosure Program Is Being Followed by Aggressive Audit Enforcement
A briefing by Winston & Strawn’s State and Local Tax Group on upcoming deadlines related to Delaware's Unclaimed Property Voluntary Disclosure Program.
May 1, 2013 Newsletter Federal Circuit Patent Decision Summaries, Volume 6, Issue 10
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.
April 30, 2013 Briefing Update Regarding “Binding Contracts” For Purposes of Internal Revenue Service Notice 2013-29
As we previously noted on April 15, 2013, the Internal Revenue Service issued Notice 2013-29 providing guidelines and a safe harbor to determine what it means to “begin construction” for purposes of the production tax creditunder section 45 of the Internal Revenue Code, and the investment tax credit under section 48 of the Code.
April 29, 2013 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 25
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
April 29, 2013 Newsletter Financial Services Update, Vol. 8, Number 17
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
April 24, 2013 Briefing U.S. Supreme Court Holds That FLSA Collective Action May Be Mooted By Full Offer of Judgment
On April 16, a divided United States Supreme Court ruled that an employee who filed a Fair Labor Standards Act case could not pursue a proposed collective action after she received an offer that would have given her full relief. Genesis HealthCare Corp. v. Symczyk, No. 11-1059 (Apr. 16, 2013).
April 24, 2013 Newsletter Federal Circuit Patent Decision Summaries, Volume 6, Issue 9
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.
April 23, 2013 Briefing Recent Developments With Respect to the Production Tax Credit and Investment Tax Credit
On April 15, 2013, the Internal Revenue Service issued Notice 2013-29, which the renewable energy industry has been anxiously awaiting, providing guidelines and a safe harbor to determine what it means to “begin construction” for purposes of the production tax credit under section 45 of the Internal Revenue Code and the investment tax credit under section 48 of the Code.
April 22, 2013 Newsletter Financial Services Update, Vol. 8, Number 16
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
April 22, 2013 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 24
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
April 18, 2013 Briefing U.S. Supreme Court Holds Oral Arguments on the Patent Eligibility of Isolated DNA Sequences
In a case with potentially significant ramifications for the genetics, pharmaceutical, and biomedical industries, the U.S. Supreme Court held oral arguments on Monday, April 15, 2013 on whether DNA sequences isolated from the human body are “products of nature” and thus patent-ineligible under U.S. patent law.
April 18, 2013 Briefing U.S. Supreme Court Limits Equitable Defenses in ERISA Reimbursement Actions
It is common for an employer group health plan subject to the provisions of the Employee Retirement Income Security Act of 1974, as amended to contain provisions that allow the plan to seek reimbursement of amounts paid by it to one of its beneficiaries for injuries if the beneficiary later recovers payment from a third party either through a judgment or a settlement.
April 18, 2013 Special Alert Mini Law Lesson: Viral Video on the Cheap and Dirty? Not So Fast!
April 15, 2013 Briefing DOJ Amends Carve-Out Policy
The Department of Justice, Antitrust Division, recently amended its policy regarding carveouts of corporate antitrust plea agreements in two significant ways.
April 15, 2013 Newsletter Financial Services Update, Vol. 8, Number 15
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
April 15, 2013 Newsletter London Fortnightly Financial Newsletter, Volume 1, Issue 10
Litigation – Fortnightly Financial News is written by lawyers in Winston & Strawn LLP’s London office, focussing on developments within the financial services industry.
April 15, 2013 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 23
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
April 11, 2013 Newsletter State and Local Tax Report - April
Winston & State and Local Tax Report covers topics of interest to the firm's clients in the areas of property tax, sales and use tax, state income tax, documentary transfer tax, as well as many other state and local taxes.
April 8, 2013 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 22
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
April 8, 2013 Briefing SEC Approves Social Media Postings for Disclosure of Material Corporate Information
Recognizing the growing influence and reach of social media, the SEC announced on April 2, 2013 that public companies may use social media outlets such as Facebook and Twitter to disclose material non-public information in compliance with Regulation FD under the Securities Exchange Act of 1934.
April 8, 2013 Newsletter Financial Services Update, Vol. 8, Number 14
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
April 4, 2013 Newsletter Federal Circuit Patent Decision Summaries, Volume 6, Issue 8
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.
April 4, 2013 Newsletter Labor News
Select events and news from the world of organized labor for March2013
April 2, 2013 Newsletter Delaware Quarterly Newsletter, Volume 2, Number 1
Recent Developments in Delaware Business and Securities Law
April 2, 2013 Briefing U.S. Supreme Court Holds That Individual Damages Issues May Preclude Class Certification
For years now, some courts have been willing to allow class actions to proceed in the face of individualized damages issues, on the theory that those issues can be worked out later, in a separate damages proceeding.
April 1, 2013 Newsletter Privacy Law News
Winston & Strawn's Privacy Law News 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.
April 1, 2013 Briefing High Court Ruling for EPA Offers Notable Critique of Deference Doctrine
The biggest news for regulated entities awaiting the U.S. Supreme Court’s recent decision in Decker v. Northwest Environmental Defense Center, No. 11-338 (Mar. 20, 2013), came not from the majority opinion, but from three justices who wrote separately to question the judicial deference to agency regulatory interpretations the majority opinion applies.
April 1, 2013 Newsletter Financial Services Update, Vol. 8, Number 13
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
March 29, 2013 Newsletter Federal Circuit Patent Decision Summaries, Volume 6, Issue 7
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.
March 28, 2013 Special Alert Mini Law Lesson: Can My Brand Ambush March Madness?
March 27, 2013 Briefing CFPB Issues Bulletin on Indirect Auto Lending and Fair Lending
On Thursday, March 21, the Consumer Financial Protection Bureau issued a bulletin to provide guidance on the applicability of fair lending requirements to indirect auto lenders that permit auto dealers to increase interest rates and then compensate such dealers with a share of the revenues from those rates.
March 26, 2013 Newsletter London Fortnightly Financial Newsletter, Volume 1, Issue 9
Litigation – Fortnightly Financial News is written by lawyers in Winston & Strawn LLP’s London office, focussing on developments within the financial services industry.
March 25, 2013 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 20
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
March 25, 2013 Newsletter Financial Services Update, Vol. 8, Number 12
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
March 22, 2013 Briefing ICANN Allows Abused Names into the Trademark Clearinghouse: Time to Assess your UDRP Strategy
ICANN announced this week that it intends to allow up to 50 abused domain names, per record, into the Trademark Clearinghouse.
March 22, 2013 Briefing New York City Amends Human Rights Law to Cover “Unemployment”
Last week, overriding Mayor Bloomberg’s veto, the New York City Council passed a bill (Int. No. 814-A) amending the New York City Human Rights Law to prohibit discrimination based on a job applicant’s unemployment status.
March 21, 2013 Briefing U.S. Supreme Court Holds “First Sale” Doctrine Applies to Copyrighted Works Lawfully Made and Sold Abroad
In a case with broad implications for music and publishing, the U.S. Supreme Court has held that a work lawfully produced and sold overseas can be resold in the U.S. without infringing U.S. copyright protections.
March 21, 2013 Special Alert Mini Law Lesson: Can a Brand Create a Harlem Shake Video Without Permission
March 21, 2013 Briefing U.S. Supreme Court Holds that Plaintiffs May Not Circumvent CAFA’s Clear Purpose by Creative Pleading
Earlier this week, the U.S. Supreme Court issued a significant decision that signals that the Class Action Fairness Act should be given its full reach. In Standard Fire Insurance Company v. Knowles, 11-1450, the Court held that a putative class representative could not avoid federal jurisdiction by stipulating that the class will not seek damages exceeding CAFA’s $5 million jurisdictional threshold.
March 18, 2013 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 19
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
March 18, 2013 Newsletter Financial Services Update, Vol. 8, Number 11
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
March 14, 2013 Newsletter Federal Circuit Patent Decision Summaries, Volume 6, Issue 6
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.
March 14, 2013 Newsletter London Fortnightly Financial Newsletter, Volume 1, Issue 8
Litigation – Fortnightly Financial News is written by lawyers in Winston & Strawn LLP’s London office, focussing on developments within the financial services industry.
March 13, 2013 Special Alert Mini Law Lesson: The FTC's New Dot Com Rules: What You Need to Know
March 11, 2013 Newsletter Financial Services Update, Vol. 8, Number 10
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
March 11, 2013 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 18
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
March 7, 2013 Briefing Dodd-Frank Title VII — Cleared Swaps and ERISA Plans
In a move that diminishes many of the legal uncertainties concerning the continued availability of swaps to ERISA plans in the Dodd-Frank world, the Department of Labor recently issued an advisory opinion1 that addresses the applicability of the ERISA fiduciary and prohibited transaction rules to “cleared swaps” entered into by ERISA plans.
March 6, 2013 Briefing Supreme Court holds that certification of securities class actions may rest on allegations—rather than proof—of materiality.
In several recent cases, the Supreme Court has examined a fundamental question relating to class actions: To what degree should the class certification decision examine the merits of the claims?
March 5, 2013 Newsletter Labor News
Select events and news from the world of organized labor for February 2013
Winter 2013 Newsletter eDiscovery Advantage, Volume 3, Issue 1
Winston & Strawn eDiscovery Advantage, a bi-monthly newsletter containing overviews of significant eDiscovery cases and developments.
March 4, 2013 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 17
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
March 4, 2013 Special Alert Mini Law Lesson: How it Really Goes Down Between Ad Lawyers and Creatives
March 4, 2013 Newsletter Financial Services Update, Vol. 8, Number 9
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
March 1, 2013 Briefing OFCCP Rescinds Compensation Standards, Voluntary Guidelines and Issues New Directive to Review Pay Practices
On February 28, 2013, the OFCCP issued a Notice of Rescission rescinding two key compensation analysis policies—Compensation Standards and Voluntary Guidelines—(in effect since 2006) deeming them unworkable and ineffective.
February 27, 2013 Newsletter Federal Circuit Patent Decision Summaries, Volume 6, 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 26, 2013 Briefing Supreme Court Argument Alert: Bowman v. Monsanto Co.
The Supreme Court heard oral argument on February 19, 2013 in Bowman v. Monsanto Co., a case that considers how the doctrine of “patent exhaustion” applies to inventions involving self-replicating technologies.
February 26, 2013 Newsletter London Fortnightly Financial Newsletter, Volume 1, Issue 7
Litigation – Fortnightly Financial News is written by lawyers in Winston & Strawn LLP’s London office, focussing on developments within the financial services industry.
February 26, 2013 Briefing Senators Reintroduce Legislation to Protect Whistleblowers In Criminal Antitrust Cases
U.S. Senators Patrick Leahy and Chuck Grassley recently reintroduced legislation to extend whistleblower protections to employees who provide information to federal prosecutors relating to what they reasonably believe to be a violation of antitrust laws.
February 25, 2013 Newsletter Financial Services Update, Vol. 8, Number 8
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
February 25, 2013 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 16
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
February 25, 2013 Briefing Supreme Court Holds That Malpractice Claims Against Patent Lawyers Generally Belong in State Court
In Gunn v. Minton, a unanimous Supreme Court held that the federal courts do not have federal question jurisdiction over legal malpractice cases against patent lawyers, even when federal patent law issues are involved. As a result, unless there is diversity, such cases can only be heard by state courts.
February 21, 2013 Briefing Canning the CFPB? Challenges to the CFPB in the aftermath of the Canning Decision
On January 24, 2013, a panel of three judges of the U.S. Court of Appeals for the D.C. Circuit, unanimously ruled that President Obama’s appointment of three members of the NLRB violated the appointments clause of the U.S. Constitution because the appointments did not receive the advice and consent of the U.S. Senate, yet were made when the Senate was in session, and, thus, did not constitute valid recess appointments.
February 20, 2013 Newsletter Federal Circuit Patent Decision Summaries, Volume 6, Issue 4
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 19, 2013 Newsletter Financial Services Update, Vol. 8, Number 7
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
February 19, 2013 Briefing Amendment to PRC Labor Contract Law Includes Significant Changes Regarding Dispatch Arrangements
On December 28, 2012, the Standing Committee of the National People’s Congress amended the PRC Labor Contract Law.
February 19, 2013 Briefing New York International Arbitration Center to Open this Spring
The New York International Arbitration Center, Inc. was established in 2012 with the support of 33 leading New York law firms, including Winston & Strawn LLP, to promote New York as a venue for international arbitration.
February 18, 2013 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 15
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
February 15, 2013 Special Alert Mini Law Lesson: How Brands Can Use Twitter's Vine
February 14, 2013 Newsletter London Fortnightly Financial Newsletter, Volume 1, Issue 6
Litigation – Fortnightly Financial News is written by lawyers in Winston & Strawn LLP’s London office, focussing on developments within the financial services industry.
February 13, 2013 Newsletter Federal Circuit Patent Decision Summaries, Volume 6, Issue 3
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 11, 2013 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 14
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
February 11, 2013 Briefing Seventh Circuit Affirms Decertification of Wage and Hour Class Action
On February 4, the Seventh Circuit Court of Appeals issued an important decision that may impact the ability of plaintiffs to maintain large wage and hour class and collective actions. Espenscheid v. DirectSat USA, LLC, Case No. 12-1943 (7th Cir. 2013). The Court of Appeals affirmed a district court ruling that decertified, near the eve of trial, a class of more than 2,300 class members alleging various wage and hour violations.
February 11, 2013 Briefing California’s Fair Employment and Housing Act Significantly Reorganizes Procedure for Prosecuting Discrimination Cases
On January 1, 2013, the Department of Fair Employment and Housing implemented a reorganization plan meant to streamline the process and reduce the cost of litigating discrimination cases in the state of California.
February 11, 2013 Newsletter Financial Services Update, Vol. 8, Number 6
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
February 7, 2012 Briefing U.S. Department of Labor Issues Final Rule & Survey Report on the Family and Medical Leave Act’s 20th Anniversary
The U.S. Department of Labor marked the 20th anniversary of the Family and Medical Leave Act, by issuing a Final Rule implementing two significant expansions of FMLA coverage related to veterans, military families, and airline personnel and flight crews.
February 5, 2013 Newsletter Labor News
Select events and news from the world of organized labor for January 2013
February 5, 2013 Newsletter Privacy Law News
Winston & Strawn's Privacy Law News 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.
February 4, 2013 Article Anti-Bribery Compliance Programs in the Real World
Firm Authors: Robb C. Adkins, Dan K. Webb
February 4, 2013 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 13
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
February 4, 2013 Newsletter Financial Services Update, Vol. 8, Number 5
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
February 1, 2013 Briefing UK Proposals to Increase Private Actions in Competition Law
This week, the UK Department for Business, Innovation & Skills published the Government Response to its consultation on Private Actions in Competition Law launched in April 2012.
February 1, 2013 Briefing California Issues Guidance on How it Will Implement California Court of Appeal Decision That the Qualified Small Business Stock Deferral and Exclusion Statutes Are Unconstitutional
The Franchise Tax Board recently issued guidance on the procedures it will use in applying the California Court of Appeal’s decision in Cutler v. Franchise Tax Board, 208 Cal. App. 4th 1247 (2012).
February/March 2013 Article Drinking From a Fire Hose: Future-Proofing Your Internet Strategies
Firm Authors: Paul D. McGrady Jr.
February 2013 Article We Know Where You’ve Been: Emerging Rules in Online Behavioral Advertising
Firm Authors: Liisa M. Thomas
January 31, 2013 Briefing Reminder of Annual Requirements for Investment Managers
As we begin the New Year, we thought it would be helpful to remind our clients that manage separate accounts or private funds, whether hedge funds, private equity funds, commingled funds, or commodity pools, of certain obligations that may be applicable to them as “Investment Managers” under various U.S. federal and state laws and regulations.
January 30, 2013 Special Alert Mini Law Lesson: Can Brands Use Celebrities In Social Media Without Permission?
January 30, 2013 Newsletter Federal Circuit Patent Decision Summaries, Volume 6, Issue 2
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.
January 29, 2013 Briefing UK Supreme Court Maintains Status Quo Regarding the Application of Legal Advice Privilege
On 23 January 2013, the UK Supreme Court handed down a judgment which dismissed (by a majority of 5 to 2) the latest attempt to extend the application of legal advice privilege to “legal advice given by someone other than a member of the legal profession.”
January 28, 2013 Briefing Termination by CIETAC Beijing of Arbitration Authorization to the Former CIETAC Shanghai and Shenzhen Sub-Commissions
The recent infighting within the China International Economic and Trade Arbitration Commission arbitration commissions in China has been very public and has surely damaged its reputation as an arbitration centre.
January 28, 2013 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 12
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
January 28, 2013 Newsletter Financial Services Update, Vol. 8, Number 4
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
January 25, 2013 Briefing D.C. Circuit Rules Obama Recess Appointments Unconstitutional
The U.S. Court of Appeals for the District of Columbia unanimously ruled today that President Barack Obama’s recess appointments to the U.S. National Labor Relations Board last year were “constitutionally invalid” because the Senate was not in recess at the time of the appointments. Noel Canning v. NLRB, 12-1115 (D.C. Cir. Jan. 25 2013).
January 24, 2013 Briefing HM Treasury’s Anti-Money Laundering and Counter Terrorist Finance Report 2011-2012
On 9 January 2013, HM Treasury released its annual report on the performance of UK supervisors in monitoring the compliance of businesses in the UK with the Money Laundering Regulations 2007.
January 23, 2013 Newsletter Federal Circuit Patent Decision Summaries, Volume 6, Issue 1
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.
January 22, 2013 Newsletter Financial Services Update, Vol. 8, Number 3
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
January 21, 2013 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 11
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
January 16, 2013 Special Alert Mini Lesson: How to Handle a Cease-and-Desist
January 15, 2013 Briefing New California Disability Regulations
California’s Office of Administrative Law recently approved the state’s Fair Employment and Housing Commission’s proposed pregnancy disability regulations.
January 15, 2013 Briefing Delaware Court Revisits “Don’t Ask, Don’t Waive” Standstills
For the second time in a matter of weeks, the Delaware Court of Chancery has addressed the legality of “don’t ask/don’t waive” standstill provisions, which could have the effect of precluding losing bidders in an auction from making a topping bid after a merger agreement is signed with the winning bidder but before it is approved by shareholders.
January 14, 2013 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 10
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
January 14, 2013 Newsletter London Fortnightly Financial Newsletter, Volume 1, Issue 4
Litigation – Fortnightly Financial News is written by lawyers in Winston & Strawn LLP’s London office, focussing on developments within the financial services industry.
January 14, 2013 Newsletter Financial Services Update, Vol. 8, Number 2
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
January 14, 2013 Briefing FTC Announces 2013 Revised Jurisdictional Thresholds for Hart-Scott-Rodino Act Filings
The Federal Trade Commission recently announced the annual changes to the jurisdictional thresholds for Section 7A of the Clayton Act.
January 11, 2013 Briefing Who Can Take Part in Arbitration Proceedings Under Swiss Law?
The Swiss Supreme Court, the sole appellate court for arbitral awards rendered in Switzerland, is known to avoid unnecessary intervention in the arbitral process and favor the validity of arbitration agreements.
January 10, 2013 Newsletter Private Equity Update - Winter 2013
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.
January 10, 2013 Briefing China Imposes Its First Fines on Foreign Firms for Price-Fixing Conduct
On January 4, 2013, the National Development and Reform Commission, China’s antitrust regulator with jurisdiction to investigate and deal with price-related monopolistic conduct, announced its first settlement with foreign companies charged with price fixing.
January 8, 2013 Briefing EU Adopts Additional Financial Sanctions Against Iran Background
On 21 December 2012, the Council of the European Union adopted Council Regulation No. 1263/2012 implementing additional restrictive measures against Iran.
January 7, 2013 Newsletter Labor News
Select events and news from the world of organized labor for December 2012
January 7, 2013 Newsletter Financial Services Update, Vol. 8, Number 1
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
January 7, 2013 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 9
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
January 7, 2013 Briefing Dodd-Frank: Non-SD/MSP Swap Recordkeeping Requirements
As relevant to the typical end user, Dodd-Frank imposes clearing, reporting, and recordkeeping requirements on the swaps that it enters and delegates the authority to define the detail of such requirements to relevant regulatory agencies.
January 7, 2013 Article Social Media and Advertising: What is on the Horizon?
Firm Authors: Jason W. Gordon, Liisa M. Thomas
January 2013 Newsletter Delaware Quarterly Newsletter, Volume 1, Number 3
Recent Developments in Delaware Business and Securities Law
December 31, 2012 Briefing NLRB Finishes 2012 by Issuing Numerous Notable Decisions for Union and Non-Union Employers
In the last month, the NLRB issued a number of significant decisions touching on a broad range of labor law issues including, among others, social media postings, backpay awards, requests for information, the chargeability of certain union lobbying expenses, and an employer’s responsibility to continue dues collection after the expiration of a collective bargaining agreement.
December 26, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 43
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.
December 20, 2012 Briefing Latest Developments Concerning European Bilateral Investment Treaties
Two major events have taken place recently regarding the situation of Bilateral Investment Treaties concluded between European Union Member States and BITs concluded between an EU Member State and a State not Member of the EU.
December 20, 2012 Briefing NLRB Reverses Longstanding Practice and Rules that a “Dues-Checkoff” Provision Survives a Contract’s Expiration
On December 12, the National Labor Relations Board ruled 3-1 that a labor contract provision authorizing an employer to deduct union dues from an employee’s paycheck (known as a “dues-checkoff”) continues in force after the labor contract containing the dues-checkoff provision expires.
December 20, 2012 Briefing EEOC Approves Strategic Enforcement Plan
This week, the U.S. Equal Employment Opportunity Commission, by a 3-1 vote, approved a Strategic Enforcement Plan establishing the agency’s national enforcement priorities for fiscal years 2013-2016 and improving integration of enforcement responsibilities between field offices.
December 20, 2012 Special Alert COPPA Rule Update to go Into Effect July 1, 2013
December 19, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 42
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.
December 18, 2012 Newsletter Privacy Law News
Winston & Strawn's Privacy Law News 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 17, 2012 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 8
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
December 17, 2012 Newsletter London Fortnightly Financial Newsletter, Volume 1, Issue 3
Litigation – Fortnightly Financial News is written by lawyers in Winston & Strawn LLP’s London office, focussing on developments within the financial services industry.
December 17, 2012 Newsletter Financial Services Update, Vol. 7, Number 46
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
December 13, 2012 Newsletter State and Local Tax Report - December
Winston & State and Local Tax Report covers topics of interest to the firm's clients in the areas of property tax, sales and use tax, state income tax, documentary transfer tax, as well as many other state and local taxes.
December 12, 2012 Briefing Michigan Enacts Right-to-Work Laws
On December 11, 2012, Michigan became the 24th state to enact “right-to-work” legislation. Right-to-work legislation prohibits “compulsory unionism” by declaring invalid so-called “union security” or “closed shop” clauses in collective bargaining agreements.
December 12, 2012 Briefing Delaware Court Enjoins “Don’t Ask/Don’t Waive” Standstill Provision
On November 27, 2012, in a significant decision for those engaged in competitive acquisitions, the Delaware Court of Chancery enjoined a standstill provision in a confidentiality agreement that would prohibit a potential bidder from privately asking a public company target, which had signed a merger agreement with another bidder, to waive provisions of a confidentiality agreement that limited the potential bidder’s ability to communicate with the target.
December 12, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 41
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.
December 10, 2012 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 7
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
December 10, 21012 Newsletter Financial Services Update, Vol. 7, Number 45
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
December 5, 2012 Newsletter Labor News
Select events and news from the world of organized labor for November 2012
December 5, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 40
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.
December 3, 2012 Newsletter Financial Services Update, Vol. 7, Number 44
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
December 3, 2012 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 6
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
December 3, 2012 Newsletter London Fortnightly Financial Newsletter, Volume 1, Issue 2
Litigation – Fortnightly Financial News is written by lawyers in Winston & Strawn LLP’s London office, focussing on developments within the financial services industry.
November 28, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 39
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.
November 27, 2012 Briefing U.S. Supreme Court Holds That Arbitrators Decide the Validity of Noncompetition Clauses Under Valid Arbitration Agreements
The U.S. Supreme Court has once again dealt a decisive blow to a state court’s effort to resist a valid arbitration agreement.
November 21, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 38
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.
September/October 2012 Newsletter eDiscovery Advantage, Volume 2, Issue 4
Winston & Strawn eDiscovery Advantage, a bi-monthly newsletter containing overviews of significant eDiscovery cases and developments.
November 21, 2012 Briefing FCPA Guidance Released by DOJ and SEC
On November 14, 2012, the Department of Justice and the Securities and Exchange Commission released their much-anticipated joint non-binding guidance “A Resource Guide to the U.S. Foreign Corrupt Practices Act.”
November 20, 2012 Briefing Dodd-Frank: Final Determination Regarding FX Swaps and FX Forwards
In a much anticipated move, on November 16, the Department of Treasury issued a final determination that FX Swaps and FX Forwards are exempt from the definition of “swap” under the Commodity Exchange Act.
November 19, 2012 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 5
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
November 19, 2012 Newsletter London Fortnightly Financial Newsletter, Volume 1, Issue 1
Litigation – Fortnightly Financial News is written by lawyers in Winston & Strawn LLP’s London office, focussing on developments within the financial services industry.
November 19, 2012 Newsletter Financial Services Update, Vol. 7, Number 43
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
November 15, 2012 Briefing Italy Enacts New Anti-Corruption Law
In a move resonant of an enhanced global focus on anti-corruption, Italy has just adopted a new anti-corruption law which focuses on the prevention of corruption in the public sector, but which has implications for commercial organisations active in Italy.
November 15, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 37
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.
November 12, 2012 Newsletter Financial Services Update, Vol. 7, Number 42
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
November 12, 2012 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 4
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
November 7, 2012 Newsletter Labor News
Select events and news from the world of organized labor for October 2012
November 5, 2012 Newsletter Financial Services Update, Vol. 7, Number 41
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
November 5, 2012 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 3
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
November 2, 2012 Briefing Federal Banking Agencies Issue Final Stress Tests Rules for Banking Organizations with Assets of Between $10 Billion-$50 Billion
On October 9, the federal banking agencies announced adoption of final rules implementing a requirement in the Dodd-Frank Act that banking organizations, including savings and loan holding companies, with total consolidated assets of more than $10 billion but less than $50 billion, conduct annual stress tests, report the results to their principle federal regulator and the Federal Reserve Board, and publish a summary of the results.
November 2, 2012 Briefing Virginia Supreme Court Holds That Individuals Can Face Wrongful Discharge Claims
On November 1, the Virginia Supreme Court held that Virginia law provides a claim of wrongful discharge directly against individuals, such as supervisors or managers, who participate in the firing of an employee, even if they are not the employee’s actual employer.
November 1, 2012 Briefing NLRB Advice Memo Allows At-Will Employment Provisions
The National Labor Relations Board’s Office of the General Counsel issued two Advice Memoranda on October 31, evaluating two at-will provisions in employee handbooks and concluding in each case that employees could not reasonably construe the provisions to restrict protected activity.
November 1, 2012 Newsletter Greater China Law Update November 2012
Winston & Strawn's Greater China Law Update is a publication covering relevant legal, financial, and economic topics that affect the Chinese and Hong Kong marketplaces.
October 31, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 36
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.
October 29, 2012 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 2
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
October 29, 2012 Newsletter Financial Services Update, Vol. 7, Number 40
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
October 24, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 35
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.
October 22, 2012 Newsletter Antitrust and Competition–The EU Weekly Briefing, Vol. 1, Issue 1
Antitrust and Competition – The EU Weekly Briefing is designed to provide timely updates on recent European Union competition law by including a short description of, and links to, recent developments.
October 22, 2012 Newsletter Financial Services Update, Vol. 7, Number 39
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
October 17, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 34
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.
October 15, 2012 Newsletter Financial Services Update, Vol. 7, Number 38
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
October 12, 2012 Briefing California Legislative Update
In September 2012, California Governor Jerry Brown signed into law several bills that will impact all employers with California employees. Employers should review these new laws and adjust their policies and practices as needed to ensure compliance by January 1, 2013, when many of the new laws become effective.
October 10, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 33
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.
October 9, 2012 Special Alert FTC Updates Green Marketing Guides
Firm Authors: Brian D. Fergemann, Stephen E. Wieker
October 9, 2012 Briefing Sixth Circuit Holds that Severance Pay is Not Subject to FICA Taxes
A few weeks ago, the Sixth Circuit affirmed the Western District Court of Michigan’s holding in U.S. v. Quality Stores Inc., 424 B.R. 237 (W.D. Mich. 2010), that severance payments made to employees pursuant to an involuntary reduction in force were not “wages” for Federal Insurance Contribution Act tax purposes.
October 8, 2012 Newsletter Financial Services Update, Vol. 7, Number 37
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
October 8, 2012 Briefing Gillette Rehearing: California Court of Appeal Allows Taxpayer to Elect Multistate Tax Compact’s Three-Factor Apportionment Formula
On Tuesday, October 2, 2012, the California Court of Appeal issued its opinion on rehearing The Gillette Company et al. v. Franchise Tax Board, Appeal A130803.
October 5, 2012 Newsletter Labor News
Select events and news from the world of organized labor for September 2012
October 5, 2012 Briefing First Self-Regulatory OBA Enforcement Action Brought Against an Advertiser
The Online Interest-Based Advertising Accountability Program, the body charged with enforcement of the Self-Regulatory Principles for Online Behavioral Advertising, recently released five decisions following inquiries into the practices of Kia Motors America and the advertising networks that serve Kia ads.
October 4, 2012 Briefing NLRB Upholds Termination Based on Facebook Posting
In previous briefings, we have summarized various guidance memoranda issued by the National Labor Relations Board’s Office of the General Counsel concerning social media issues.
October 3, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 32
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.
October 2012 Newsletter Delaware Quarterly Newsletter, Volume 1, Number 2
Recent Developments in Delaware Business and Securities Law
September 27, 2012 Newsletter Privacy Law News
Winston & Strawn's Privacy Law News 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.
September 25, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 31
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.
September 24, 2012 Newsletter Financial Services Update, Vol. 7, Number 35
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
October 2012 Article Implications for Commercial Organizations of the Global Investigations into LIBOR
Firm Authors: Christine A. Edwards, Patrick M. Hardiman, Michael Madden, Justin McClelland
September 21, 2012 Briefing NLRB Issues First Decision on Social Media Policies
A three member panel for the National Labor Relations Board has issued its first decision concerning the validity of an employer’s social media policy.
September 21, 2012 Briefing Recent CFTC Rule Changes – Impact on CLO Managers
A series of recent changes to securities and commodities rules have implications for operators of and advisors to pooled investment vehicles, including vehicles that issue collateralized loan obligations.
September 19, 2012 Briefing (Yet Another) Section 409A Transition Deadline Approaching
Plans that require execution of a release may need to be amended by December 31, 2012.
September 19, 2012 Briefing Dodd-Frank: The End-User Exception to the Clearing Requirement for Swaps
What if the treasurer of a corporate client sat down with the Winston & Strawn Derivatives Team to try to sort through, and understand, the practical impact of the flurry of rules that have been issued to implement the provisions of Title VII of the Dodd-Frank Act.
September 18, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 30
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.
September 2012 Newsletter State and Local Tax Report
Winston & State and Local Tax Report covers topics of interest to the firm's clients in the areas of property tax, sales and use tax, state income tax, documentary transfer tax, as well as many other state and local taxes.
September 17, 2012 Newsletter Financial Services Update, Vol. 7, Number 34
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
September 14, 2012 Briefing FTC Soliciting Comment on Proposed Changes to Hart Scott Rodino Reporting Requirements for Transfers of Patent Rights in the Pharmaceutical Industry
Firm Authors: Richard L. Falek
The Hart Scott Rodino Act requires reporting certain transactions valued in excess of the current threshold of $68.2 million to the FTC and the Department of Justice.
September 13, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 29
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.
September 11, 2012 Briefing Seventh Circuit Overturns Precedent and Holds Employers Must Use Job Reassignment as Reasonable Accommodation for Qualified Employee – absent undue hardship
On September 7, the U.S. Court of Appeals for the Seventh Circuit held that employers must reassign disabled employees to vacant positions for which they are qualified if the accommodation would ordinarily be reasonable and would not cause undue hardship, reversing its interpretation of the Americans with Disabilities Act. EEOC v. United Airlines, Inc., Case No. 10-cv-01699.
September 10, 2012 Newsletter Financial Services Update, Vol. 7, Number 33
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
September 7, 2012 Newsletter Labor News
Select events and news from the world of organized labor for August 2012
September 5, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 28
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.
August 29, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 27
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.
August 27, 2012 Newsletter Financial Services Update, Vol. 7, Number 32
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
August 27, 2012 Article FCPA Guidance Expected Soon From The Feds
Firm Authors: Robb C. Adkins, Dan K. Webb
August 24, 2012 Newsletter Greater China Law Update August 2012
Winston & Strawn's Greater China Law Update is a publication covering relevant legal, financial, and economic topics that affect the Chinese and Hong Kong marketplaces.
August 23, 2012 Article Renewable Energy Investment: REITs And MLPs
Firm Authors: Amit Kalra, John C. Lorentzen, Andrew W. Ratts
August 22, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 26
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.
August 21, 2012 Newsletter Privacy Law News
Winston & Strawn's Privacy Law News 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.
August 20, 2012 Newsletter Financial Services Update, Vol. 7, Number 31
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
August 16, 2012 Briefing UPDATE: California Court of Appeal Vacates Decision Allowing Taxpayers to Elect Multistate Tax Compact Income Apportionment
In an unexpected development last week, the Court of Appeal, on its own motion, ordered a rehearing and vacated its July 24 decision and opinion.
August 16, 2012 Briefing Reminder of August 31 Deadline for Disclosures to Plan Participants
As a reminder to our clients and friends, the August 31 deadline for disclosing plan fees and investment-related information to participants in 401(k) and similar participant-directed plans (as required by DOL Regulation Sec. 2550.404a-5) is rapidly approaching.
August 15, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 25
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.
August 15, 2012 Briefing Investment in Renewable Energy Projects by Real Estate Investment Trusts and Master Limited Partnerships
Recently, Senator Chris Coons (Dem. Del.) and Senator Jerry Moran (Rep. Kan.) introduced a bill, the “MLP Parity Act,” to expand the use of Master Limited Partnerships to finance renewable energy projects.
August 14, 2012 Briefing Fifth Circuit Upholds Private Settlement of FLSA Claims
Recently, the U.S. Court of Appeals for the Fifth Circuit upheld a private settlement of Fair Labor Standards Act claims on the grounds that the settlement resolved a “bona fide dispute as to the number of hours worked,” rather than a waiver of plaintiffs’ substantive FLSA rights.
August 13, 2012 Briefing The Global Investigations into LIBOR Implications for Commercial Organisations
The ubiquitous benchmark interest rate applied across commercial contracts, LIBOR (the London Inter Bank Offer Rate), has made the headlines globally for all the wrong reasons. This note explains what the rate is; how it is calculated; the nature of the ongoing global investigations; and how the investigations and their outcomes might affect you.
August 13, 2012 Newsletter Financial Services Update, Vol. 7, Number 30
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
August 8, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 24
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.
August 7, 2012 Newsletter Financial Services Update, Vol. 7, Number 29
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
July 2012 Newsletter Labor News
Select events and news from the world of organized labor for July 2012
August 2, 2012 Briefing Illinois Amends Right to Privacy in the Workplace Act to Include Social Media
On Aug. 1, Illinois Gov. Pat Quinn (D) signed H.B. 3782, amending Section 10 of the Illinois Right to Privacy in the Workplace Act, (820 ILCS 55), into law.
August 2012 Briefing California Court of Appeal Allows Taxpayers’ Multistate Tax Compact Income Apportionment Elections
In Gillette Company et al. v. Franchise Tax Board, the California Court of Appeal held that taxpayers are allowed to elect to use the equally weighted income apportionment formula provided in the Multistate Compact, notwithstanding California legislation which requires use of a double-weighted sales factor.
August 1, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 23
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.
August 2012 Article The Heidelbergers: 'Great Character' Runs in the Family
August 2012 Article 'Tis the Season – To Review and Update Your Compensation Committee Charter!
Firm Authors: Michael S. Melbinger
July 30, 2012 Newsletter Financial Services Update, Vol. 7, Number 28
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
July 2012 Newsletter Pro Bono Reporter - Summer 2012
The new electronic version of the firm’s Pro Bono Reporter
July 25, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 22
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.
July 23, 2012 Newsletter Financial Services Update, Vol. 7, Number 27
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
July 18, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 21
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.
July 17, 2012 Briefing National Labor Relations Board May Review At-Will Employment Statements in Handbooks
The National Labor Relations Board’s Regional Office in Phoenix, Ariz., recently filed a complaint against a national hotel chain, alleging that the at-will provision in the chain’s handbook, which stated that the provision could only be changed through a written agreement between an employee and certain executives, was overbroad and violated the National Labor Relations Act.
July 16, 2012 Newsletter Financial Services Update, Vol. 7, Number 26
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
July 11, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 20
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.
July 10, 2012 Briefing D.C. Circuit Upholds EPA’s Greenhouse Gas Rules
On June 26, 2012, the U.S. Court of Appeals for the D.C. Circuit upheld four of EPA’s greenhouse gas rulemakings against challenges from industry groups and states in Coalition for Responsible Regulation v. EPA.
July 9, 2012 Newsletter Financial Services Update, Vol. 7, Number 25
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
July 9, 2012 Article Federal Lands: To Develop Or Conserve?
Firm Authors: Averil M. Edwards, May Wall
June 2012 Newsletter Labor News
Select events and news from the world of organized labor for June 2012
July 2012 Newsletter Delaware Quarterly Newsletter, Volume 1, Number 1
Recent Developments in Delaware Business and Securities Law
June 2012 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.
July 2012 Article Top Tips for Managing Keyword Advertising Risks in a Changing Legal Landscape
Firm Authors: Robert H. Newman, Liisa M. Thomas
June 29, 2012 Briefing The EU Unified Patent Court — Agreement Reached
Court of “Exclusive Competence” For EU Patent Litigation
To Be Headquartered in Paris....and London....and Munich!
It was announced today that the Heads of State or Government of the Member States of the EU had reached agreement on what has been doggedly called the “last outstanding issue” on the socalled patent package establishing a Unified Patent Court and litigation system for the EU, namely the location of the Central Division of the UPC.
June 27, 2012 Newsletter Privacy Law News
Winston & Strawn's Privacy Law News 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.
June 25, 2012 Briefing Supreme Court Holds That the Government Must Prove Beyond a Reasonable Doubt to a Jury Any Fact That Increases the Maximum Available Criminal Fine
In Southern Union Co. v. United States, the Supreme Court held that the rule it had established in Apprendi v. New Jersey – that the Sixth Amendment’s jury trial guarantee requires that any fact (other than of a prior conviction) that increases the maximum punishment for a particular crime must be proven to a jury beyond a reasonable doubt – applies to the imposition of criminal fines as well as to imprisonment
June 25, 2012 Newsletter Financial Services Update, Vol. 7, Number 24
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
June 21, 2012 Briefing Supreme Court Holds First Amendment Bars SEIU from Requiring Objecting Nonmembers to Pay Special Fee to Finance Political Activities
The Supreme Court held that the SEIU violated the First Amendment when it required objecting nonmembers to pay a special fee for the purposes of financing the union’s political and ideological activities.
June 20, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 19
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.
June 19, 2012 Newsletter Private Equity Update - Summer 2012
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.
June 18, 2012 Newsletter Financial Services Update, Vol. 7, Number 23
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
June 18, 2012 Briefing Supreme Court Rules Pharmaceutical Sales Representatives Exempt as Outside Salesmen Under the FLSA
The Supreme Court ruled 5-4 that pharmaceutical sales representatives, whose primary duty is to obtain nonbinding commitments from physicians to prescribe their employer’s prescription drugs, qualify as outside salesmen for purposes of the Fair Labor Standards Act’s outside sales exemption.
June 13, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 18
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.
June 11, 2012 Newsletter Financial Services Update, Vol. 7, Number 22
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
June 6, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 17
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.
June 5, 2012 Newsletter Labor News
Select events and news from the world of organized labor for May 2012
June 1, 2012 Briefing National Labor Relations Board General Counsel Issues Third Report on Employer Social Media Policies
On May 30, 2012, the National Labor Relations Board Acting General Counsel, Lafe Solomon, issued a report on the lawfulness of employer policies governing social media (Memorandum OM 12-59).
June 2012 Newsletter State and Local Tax Report
Winston & State and Local Tax Report covers topics of interest to the firm's clients in the areas of property tax, sales and use tax, state income tax, documentary transfer tax, as well as many other state and local taxes.
June 1, 2012 Briefing Sixth Circuit Says the ADA Requires “But For” Causation
On May 25, the U.S. Court of Appeals for the Sixth Circuit held that the Americans with Disabilities Act requires plaintiffs to prove their disabilities were a “but for” cause of any adverse employment action. Lewis v. Humboldt Acquisition Corp., Inc., Case No. 09-6381.
June 2012 Article Covered Service Provider Disclosure Requirements Under Section 408(b)(2) of ERISA
Firm Authors: Mark S. Weisberg
May 23, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 16
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.
May 21, 2012 Newsletter Financial Services Update, Vol. 7, Number 20
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
May 17, 2012 Briefing Delaware Court Enjoins Takeover Bid Because of Breach of Confidentiality Agreement
On May 4, 2012, the Delaware Chancery Court held that Martin Marietta Materials’ hostile takeover bid for Vulcan Materials violated confidentiality agreements between the parties and accordingly enjoined its bid from proceeding.
May 16, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 15
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.
May 16, 2012 Briefing Seventh Circuit Rules That Travel Before or After Unpaid Activities is Unpaid Under the FLSA
On May 8, 2012, the U.S. Court of Appeals for the Seventh Circuit held that steelworkers employed by the United States Steel Corporation were not entitled to compensation for time spent in putting on or taking off their work clothes or for time spent walking between their locker room and work stations under the Fair Labor Standards Act. Clifton Sandifer et al. v. U.S. Steel Corp., __ F.3d __, 2012 WL 1592543 (7th Cir. May 8, 2012).
May 15, 2012 Briefing District Court Invalidates NLRB Election Rules Changes Due to Lack of Participating Quorum
On May 14, 2012, the U.S. District Court for the District of Columbia ruled that the National Labor Relations Board’s institution of changes to rules governing procedures to be followed in union representation cases was invalid because at the time the changes were passed, the Board lacked participation by a requisite three-member quorum. Chamber of Commerce v. NLRB, D.D.C., No. 11-cv-2262, 5/14/12.
May 14, 2012 Briefing Action Required by Plan Fiduciaries
As most plan administrators are by now well aware, the U.S. Department of Labor issued new final regulations in February 2012 that require certain plan service providers to provide specific disclosures to “responsible plan fiduciaries” by July 1, 2012 and thereafter (the “408b-2 Rules”).
May 14, 2012 Newsletter Financial Services Update, Vol. 7, Number 19
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
May 9, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 14
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.
May 7, 2012 Newsletter Financial Services Update, Vol. 7, Number 18
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
May 5, 2012 Newsletter Labor News
Select events and news from the world of organized labor for April 2012
May 2, 2012 Briefing California Supreme Court Rules No Attorneys’ Fees for Prevailing Party in Rest Break Cases
On April 30, 2012, the California Supreme Court unanimously held that a party that prevails on a claim involving an employer’s alleged failure to provide employee rest periods under California Labor Code Section 226.7 cannot recover attorneys’ fees. Kirby v. Immoos Fire Prot. Inc., Cal., No. S185827.
April 30, 2012 Newsletter Financial Services Update, Vol. 7, Number 17
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
Spring 2012 Newsletter eDiscovery Advantage, Volume 2, Issue 1
Winston & Strawn eDiscovery Advantage, a bi-monthly newsletter containing overviews of significant eDiscovery cases and developments.
April 27, 2012 Briefing NLRB General Counsel Issues Guidance Memorandum on Representation Rule Changes
On April 26, National Labor Relations Board Acting General Counsel Lafe Solomon issued a guidance memo outlining in detail how Regional offices will implement new representation case procedures that take effect on Monday, April 30.
April 27, 2012 Article Writing conjures up creativity
Firm Authors: Mary Hutchings Reed
April 26, 2012 Briefing EEOC Releases Enforcement Guidance on Employers’ Use of Criminal Records
On April 25, the Equal Employment Opportunity Commission released enforcement guidance in order to clarify and update the EEOC’s longstanding policy concerning the use of arrest and conviction records in employment.
April 25, 2012 Newsletter Financial Services Update, Vol. 7, Number 16
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
April 25, 2012 Briefing EEOC Says Title VII Protects Transgender Workers
On April 23, the Equal Employment Opportunity Commission released a decision stating that for purposes of Title VII, sex discrimination encompasses discrimination against transgender individuals, who are individuals who self-identify as a different gender from their biological sex at birth.
April 25, 2012 Briefing DLSE (Again) Revises Its Previously Revised California Wage Theft Prevention Act Template & FAQs
On Thursday, April 12, 2012, the California Division of Labor Standards Enforcement once again revised and posted its template “Notice to Employee” and Frequently Asked Questions regarding the Wage Theft Prevention Act.
April 25, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 13
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.
April 19, 2012 Briefing California Changes its Position on Deductibility of Real Property Taxes
After months of telling California taxpayers that the only deductible real property taxes are those assessed on the basis of value, i.e., ad valorem taxes, the Franchise Tax Board recently acknowledged that its advice was wrong.
April 19, 2012 Briefing Recent Developments with Respect to the Cash Grant Program
The Internal Revenue Service recently issued Notice 2012-23 which addressed the tax treatment of payments received under the cash grant program.
April 18, 2012 Briefing U.S. Supreme Court Unanimously Upholds Generic Drug Makers’ Right to Correct Inaccurate Brand Patent Descriptions
In its first-ever case construing the Hatch-Waxman Act’s provisions governing competition between generic and brand-name drug makers, the United States Supreme Court on Tuesday handed a major victory to the generic drug industry.
April 18, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 12
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.
April 17, 2012 Briefing NLRB Posting Requirement on Hold Pending Appeal
Yesterday, we advised you that the U.S. District Court for the District of South Carolina held that the National Labor Relations Board lacked the authority to require employers to post notices in the workplace informing employees of their rights under the National Labor Relations Act.
April 16, 2012 Newsletter Financial Services Update, Vol. 7, Number 15
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
April 16, 2012 Briefing U.S. District Court in South Carolina Strikes Down the NLRB’s Notice Posting Rule
On April 13, the U.S. District Court for the District of South Carolina held that the National Labor Relations Board lacked the authority to require employers to post notices in the workplace informing employees of their rights under the National Labor Relations Act.
April 12, 2012 Briefing U.S. Supreme Court Holds that Clean Water Act Administrative Compliance Order can be Challenged in Court
In its March 21, 2012, decision in No. 10-1062, Sackett v. EPA, the Supreme Court of the United States unanimously held that an administrative compliance order EPA issued under the Clean Water Act was immediately reviewable in federal court under Chapter 7 of the Administrative Procedure Act even though the order purported to require only “voluntary compliance” subject to further administrative consideration.
April 12, 2012 Briefing Maryland Passes Legislation Banning Employers from Asking for Social Media Passwords
On April 9, Maryland legislators approved a bill banning employers from asking current or prospective employees for their passwords to social media sites.
April 12, 2012 Briefing California Supreme Court Provides Guidance to Employers on the Meaning of “Provide”
In its long-awaited decision in Brinker Restaurant Corp. v. Super. Ct. (SC S16635 04/12/12), the California Supreme Court, in a unanimous opinion, at last provided guidance to employers on how to “provide” meal and rest periods to California employees.
April 11, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 11
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.
April 9, 2012 Newsletter Financial Services Update, Vol. 7, Number 14
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
April 9, 2012 Article Criminal Referrals as Effective Tool in Brand Protection
Firm Authors: Robb C. Adkins, Dan K. Webb
April 9, 2012 Article The NLJ 250: Dan Webb, Winston & Strawn
April 5, 2012 Briefing President Signs the Jumpstart Our Business Startups Act
Today the President signed into law the Jumpstart Our Business Startups Act (JOBS Act), H.R. 3606.
April 5, 2012 Newsletter Labor News
Select events and news from the world of organized labor for March 2012
April 2012 Newsletter London IP News - April 2012
We are pleased to publish the April edition of our London IP Newsletter. We do hope you find it a good read. All comments and feedback will be most gratefully received.
April 2, 2012 Briefing EEOC Issues Final Rules Regarding ADEA Defenses
On March 29, 2012, the Equal Employment Opportunity Commission announced that it has issued a final rule amending its current Age Discrimination in Employment Act regulations.
April 2, 2012 Briefing Supreme Court Reverses Decision Affecting Period of Eligibility for Short-swing Profit Rule Lawsuits
In a ruling likely to reassure public company officers and directors everywhere, the Supreme Court has reversed a Ninth Circuit ruling that threatened to extend indefinitely the two-year period in which corporate insiders may be sued under the “short-swing profits rule” of § 16(b) of the Securities Exchange Act.
April 2, 2012 Newsletter Financial Services Update, Vol. 7, Number 13
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
April 2012 Article The supervisory authority of the Supreme Court of Illinois: A powerful tool for the court and practitioner alike
Firm Authors: Matthew R. Carter
March 2012 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.
March 26, 2012 Briefing Merely Applying Law of Nature does not Constitute Patentable Subject Matter
In Mayo Collaborative Services dba Mayo Medical Laboratories, et al. v. Prometheus Laboratories, Inc., No. 10-1150 (March 20, 2012), the Supreme Court addressed the issue of patentable subject matter.
March 21, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 9
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.
March 15, 2012 Briefing FTC’s Recent Administrative Complaint In the Matter of Omnicare, Inc., PharMerica Merger Demonstrates Continued Significance of Traditional Market Structure Analysis
Long term care pharmacies are specialized pharmacies that package and deliver prescription medications primarily to skilled nursing facilities.
March 15, 2012 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.
March 15, 2012 Article GTLD Registration — To Apply Or Not To Apply?
Firm Authors: Paul D. McGrady Jr.
March 14, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 8
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.
March 12, 2012 Newsletter Financial Services Update, Vol. 7, Number 11
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
March 9, 2012 Briefing Capital Requirements for Insurance Companies That Are Savings and Loan Holding Companies and the “Collins Amendment”
Insurance companies are subject to state insurance regulation that includes capital requirements generally imposed under uniform regulations based on capital standards adopted by the National Association of Insurance Commissioners.
March 7, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 7
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.
March 5, 2012 Briefing Update: Defanging Stern v. Marshall
The United States Supreme Court’s June 2011 decision in Stern v. Marshall created substantial uncertainty in the bankruptcy community when it held that a bankruptcy court lacked the constitutional authority to enter a final judgment on a state law counterclaim brought by a debtor against a creditor, even though the counterclaim was part of the “core” statutory jurisdiction of the bankruptcy court.
March 5, 2012 Briefing OSHA Announces Major Restructuring of Whistleblower Protection Program
On March 1, 2012, the U.S. Occupational Safety and Health Administration announced a major restructuring of its Office of the Whistleblower Protection Program.
March 5, 2012 Newsletter Financial Services Update, Vol. 7, Number 10
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
March 5, 2012 Newsletter Labor News
Select events and news from the world of organized labor for February 2012
March 2, 2012 Briefing Court Rules Employer’s Attendance Policy Seeking Medical Conditions for Absences Violates the ADA
A federal district court in California recently ruled that an employer’s attendance policy that required employees to disclose the nature of their medical conditions in order for healthrelated absences to be excused violated the Americans with Disabilities Act.
March 2, 2012 Briefing Court Rules on NLRB’s Notice Posting Regulation
Today, the court for the District of Columbia upheld the authority of the National Labor Relations Board to require employers to notify employees through a workplace posting of their rights under the National Labor Relations Act.
March 1, 2012 Briefing Decision Time: Window For New gTLD Applications Closing Soon
ICANN recently began accepting applications for new generic top-level domains. Top-level domains are the letters that come after the “dot” in a domain name (e.g. “.com”).
February 29, 2012 Briefing SEC Revises Rules on Advisory Performance Fee Charges
On February 15, 2012, the Securities and Exchange Commission adopted amendments to its rule on investment advisory performance fees under the Investment Advisers Act by revising the dollar amount thresholds used to determine whether an investor is a “qualified client.”
February 29, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 6
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 27, 2012 Newsletter Financial Services Update, Vol. 7, Number 9
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
February 23, 2012 Newsletter Financial Services Update, Vol. 7, Number 8
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
February 17, 2012 Briefing FDA Issues Draft Guidances Regarding Implementation of the Biologics Price Competition and Innovation Act of 2009
Congress enacted the Biologics Price Competition and Innovation Act of 2009 (“BPCIA”) as part of the Affordable Care Act of 2010.
February 15, 2012 Briefing CFTC Eliminates and Revises Rule 4.13 Registration Exemptions and Limits Rule 4.5 Exclusion
On February 9, 2012, the Commodity Futures Trading Commission issued final rules that, among other things, rescinded certain relief from registration as a commodity pool operator with the CFTC.
February 15, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, 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 13, 2012 Newsletter Financial Services Update, Vol. 7, Number 7
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
February 8, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 4
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 10, 2012 Briefing EPA Prioritizes New Source Review Program Enforcement for 2012
The United States Environmental Protection Agency is continuing to prioritize enforcement of the new source review permitting program for cement, acid, and glass manufacturers, as well as for coal-fired power plants, throughout 2012.
February 6, 2012 Newsletter Financial Services Update, Vol. 7, Number 6
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
February 3, 2012 Newsletter Labor News
Select events and news from the world of organized labor for January 2012
February 1, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 3
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/March 2012 Article Bankruptcy Court Denies Confirmation of WaMu’s Plan of Reorganization
Firm Authors: Myja K. Kjaer, David Neier, Rolf S. Woolner
January 30, 2012 Briefing The SEC Addresses the Scope of a PCAOB Order of Formal Investigation
The Securities and Exchange Commission recently affirmed a final decision issued by the Public Company Accounting Oversight Board concerning noncooperation with a Board investigation.
January 30, 2012 Newsletter Financial Services Update, Vol. 7, Number 5
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
January 30, 2012 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.
January 26, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 2
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.
January 27, 2012 Briefing NLRB Acting General Counsel Issues Second Report on Social Media
On January 24, the Acting General Counsel of the National Labor Relations Board, Lafe E. Solomon, issued a second report, Memorandum OM 12-31, which updates the Acting General Counsel’s earlier August 2011 report on social media issues in the workplace.
January 25, 2012 Briefing IRS Concludes Attorney Fees Related to Generic Drug Patent Infringement Lawsuits Must be Capitalized
In a recent Chief Counsel Memorandum, the Internal Revenue Service concluded (contrary to an established industry custom) that attorney fees incurred for investigatory patent research and to defend actions for patent infringement in connection with the filing of abbreviated new drug applications were not deductible and instead must be capitalized.
January 25, 2012 Briefing 2012 Reminder of Annual Requirements for Investment Managers
As we begin the New Year, we thought it would be helpful to remind our clients that manage separate accounts or private funds, whether hedge, private equity, or commingled funds of certain obligations that may be applicable to them under various U.S. federal and state laws and regulations.
January 23, 2012 Newsletter Financial Services Update, Vol. 7, Number 4
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
January 23, 2012 Briefing New Jersey Enacts Trade Secrets Law
On January 9, 2012, Governor Chris Christie signed into law the New Jersey Trade Secrets Act. The Act, modeled on the Uniform Trade Secrets Act, codifies many of New Jersey’s current common law rules governing trade secrets.
January 18, 2012 Newsletter Private Equity Update - Winter 2012
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.
January 17, 2012 Newsletter Financial Services Update, Vol. 7, Number 3
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
January 10, 2012 Briefing NLRB Says Arbitration Agreements Waiving Employees’ Right to File Class Action Claims Violate the National Labor Relations Act
Last week, the National Labor Relations Board ruled that arbitration agreements prohibiting employees from filing class action claims violate the National Labor Relations Act.
January 9, 2012 Newsletter Financial Services Update, Vol. 7, Number 2
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
January 5, 2012 Briefing SEC Amends “Accredited Investor” Definition
On December 21, 2011, the SEC amended the definition of “accredited investor” under the Securities Act of 1933 to change the treatment of an investor’s primary residence in determining accredited investor status.
January 5, 2012 Newsletter Labor News
Select events and news from the world of organized labor for December 2011
January 4, 2012 Newsletter Federal Circuit Patent Decision Summaries, Volume 5, Issue 1
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.
January 3, 2012 Newsletter Financial Services Update, Vol. 7, Number 1
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
December 30, 2011 Briefing Changing Landscape: Thrift Holding Companies and Their Regulator
Firm Authors: Christine A. Edwards, Jerry Loeser, Marvin J. Miller Jr.
The Dodd-Frank Act, effective July 21, 2011, eliminated the Office of Thrift Supervision and transferred its regulatory authority to the Office of the Comptroller of the Currency, the Federal Reserve Board, and the Federal Deposit Insurance Corporation.
December 21, 2011 Briefing Drafting Contracts and Counseling Clients to Avoid Antitrust Violations
Factual Background and Plaintiffs’ Claims: Netflix began renting and selling DVDs online in 1997. By 2000, Netflix stopped selling DVDs, limiting its business to renting DVDs to subscribers for a monthly subscription fee.
December 2011 Briefing SEC Renews Focus on Insider Trading in Private Company Stock
On December 12, 2011, the SEC announced an enforcement proceeding that serves as a useful reminder that the federal laws against insider trading and misrepresentation apply as forcefully to private companies purchasing stock from employees and other shareholders as they do in the public company setting.
December 13, 2011 Briefing Distinguishing Applicability of AT&T Mobility v. Concepcion, Southern District of New York Holds that Employees Cannot Waive Their Right to Collective Action under FLSA
In a recent decision, Judge Robert Sweet of the Southern District of New York held that employees cannot waive their right to bring federal wage and hour claims on a collective basis. Raniere v. Citigroup Inc., 2011 WL 5881926 (S.D.N.Y. Nov. 22, 2011).
December 12, 2011 Briefing DOL Proposes Rule to Increase Government Contractors’ Hiring of Disabled Employees
On December 9, the Department of Labor proposed a rule designed to encourage government contractors to hire more disabled employees.
November 2011 Newsletter Pro Bono Reporter - Fall 2011
The new electronic version of the firm’s Pro Bono Reporter
December 6, 2011 Briefing Illinois Supreme Court Creates New Standard for Enforcing Employee Noncompetition Agreements
On December 1, a unanimous Illinois Supreme Court ruled that reviewing courts evaluating the enforceability of an employee noncompetition agreement should examine all of the facts of the individual case and weigh each fact and circumstance of the case equally.
December 5. 2011 Newsletter Labor News
Select events and news from the world of organized labor for November 2011
November 30, 2011 Newsletter Federal Circuit Patent Decision Summaries, Volume 4, Issue 36
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.
November 29, 2011 Briefing Texas Senate Bill 321: Employees Now Permitted to Store Firearms and Ammunition on Employers’ Property
Texas Governor Rick Perry recently signed into law Texas Senate Bill 321, codifying an employee’s right to transport and store firearms and ammunition on her employer’s property.
November 23, 2011 Newsletter Federal Circuit Patent Decision Summaries, Volume 4, Issue 35
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.
November 21, 2011 Newsletter Financial Services Update, Vol. 6, Number 43
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC
November 18, 2011 Briefing EEOC Passes Draft Final Rule on Age Discrimination Defense
On November 16, the Equal Employment Opportunity Commission passed a draft final rule that limits employer defenses in age discrimination cases. 
November 17, 2011 Briefing DOJ Succeeds in Blocking H&R Block/TaxAct Merger — May Signal More Aggressive Merger Enforcement Ahead
On October 31, 2011, Judge Beryl Howell of the U.S. District Court for the District of Columbia enjoined the merger of H&R Block and 2SS Holdings Inc., handing the Department of Justice-Antitrust Division its first trial victory in a merger challenge in years.
November 16, 2011 Newsletter Federal Circuit Patent Decision Summaries, Volume 4, Issue 34
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.
November 15, 2011 Article Lawyer Displays Firm, Charity Flags on Mountain
November 14, 2011 Newsletter Financial Services Update, Vol. 6, Number 42
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC
November 7, 2011 Newsletter Financial Services Update, Vol. 6, Number 41
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC
November 2011 Newsletter London Patent News - November 2011
We are pleased to publish the November edition of our London IP Group Patent Newsletter. We do hope you find it a good read. All comments and feedback will be most gratefully received.
November 7, 2011 Article Present a Corporation’s Human Face at Trial
Firm Authors: Dan K. Webb
November 4, 2011 Newsletter Labor News
Select events and news from the world of organized labor for October 2011
November 3, 2011 Briefing California Employment Law Legislative Update
In October 2011, California Governor Jerry Brown approved 22 new employment laws which will impact employers with employees in California.
November 2011 Article Bankruptcy Court Denies Confirmation of WaMu’s Plan of Reorganization
Firm Authors: Myja K. Kjaer, David Neier, Rolf S. Woolner
December 2011 Article re Country Music Assoc., Inc.
Firm Authors: Monique N. Bhargava
September - October 2011 Newsletter eDiscovery Advantage, Volume 1, Issue 3
Winston & Strawn eDiscovery Advantage, a bi-monthly newsletter containing overviews of significant eDiscovery cases and developments.
October 31, 2011 Newsletter Financial Services Update, Vol. 6, Number 40
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC
October 27, 2011 Briefing China Aims to Strengthen its Environmental Protection Law
The current Chinese Environmental Protection Law was last amended in 1989. Many have since voiced the need to revise the law to keep up with the changing economic reality.
October 26, 2011 Newsletter Federal Circuit Patent Decision Summaries, Volume 4, Issue 33
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.
October 25, 2011 Briefing Second Circuit Joins Five Other Circuits in Ruling Company Stock Investments in 401(k) Plans Are Presumptively Prudent
On October 19, 2011, the Second Circuit Court of Appeals became the latest Circuit Court to adopt the “presumption of prudence” test for retirement plans holding company stock as an investment option.
October 25, 2011 Briefing U.S., E.U. Issue Revised Best Practices on Cooperation in Merger Investigations
Firm Authors: Richard L. Falek
Since 1991, the United States and the European Community have been cooperating on competition policy pursuant to a bilateral agreement. The primary goal of the agreement is “to promote cooperation and coordination and lessen the possibility or impact of differences between the Parties in the application of their competition laws.”
October 24, 2011 Newsletter Financial Services Update, Vol. 6, Number 39
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC
October 19, 2011 Newsletter Federal Circuit Patent Decision Summaries, Volume 4, Issue 32
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.
October 17, 2011 Newsletter Financial Services Update, Vol. 6, Number 38
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC
October 14, 2011 Briefing Supreme Court To Decide Several Cases Affecting Labor & Employment in 2011-2012 Term
In the 2011-2012 term, the United States Supreme Court will consider a number of cases that may impact employers and employees.
October 12, 2011 Newsletter Federal Circuit Patent Decision Summaries, Volume 4, Issue 31
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.
October 10, 2011 Newsletter Financial Services Update, Vol. 6, Number 37
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC
October 10, 2011 Article Failed Shareholder Say on Pay Votes, Other Performance Disclosures Lead to Lawsuits
Firm Authors: Michael S. Melbinger
October 7, 2011 Newsletter Labor News
Select events and news from the world of organized labor for September 2011
October 5, 2011 Briefing Federal Trade Commission Revises Rules of Practice for Part 3 Administrative Hearings
Firm Authors: David E. Dahlquist
The Federal Trade Commission recently amended Part 3 of its Rules of Practice related to competition and consumer protection hearings.
October 3, 2011 Briefing New York Bankruptcy Court and Colorado District Court Disagree on the Application of Section 552 to a Lender’s Security Interest in Proceeds of FCC License
A New York bankruptcy court recently considered the effects of Bankruptcy Code section 552 on a lender’s security interest in the proceeds of an FCC broadcast license and held that a prepetition security interest extended to proceeds received from a post-petition transfer of the debtors’ FCC license.
October 2011 Article Regulation Of Certain Wire And ACH Transfers To Persons Abroad Is Impending In The Guise Of Regulation Of Consumer “Remittance Transfers”
Firm Authors: Christine A. Edwards, Jerry Loeser
October 2011 Article Regulatory Update: PPACA Claims and Appeals Regulations Amended
October 2011 Article Twitter v Twittad
Firm Authors: Monique N. Bhargava
September 28, 2011 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.
September 28, 2011 Newsletter Financial Services Update, Vol. 6, Number 35
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
September 27, 2011 Briefing More States Join in Mandating Use of E-Verify for Certain Employers
Following the Supreme Court’s ruling in Chamber of Commerce v. Whiting, 131 S.Ct. 1968 (2011), in which the Court upheld provisions in the Legal Arizona Workers Act that require electronic verification of employment eligibility through an E-Verify system, many states are adopting laws requiring employers to use E-Verify.
September 26, 2011 Article Demonstrative Aids Help Explain Trial Evidence
Firm Authors: Thomas L. Kirsch II
September 26, 2011 Briefing “Amazon Tax” Delayed: California Governor Jerry Brown Signs Bill Postponing Remote-Seller Nexus Provisions
California Governor Jerry Brown signed AB 155 into law last Friday, September 23, 2011. Authored by Assemblyman Charles Calderon, AB 155 adds and repeals section 6203 of the Revenue and Taxation Code, and takes effect immediately.
September 23, 2011 Briefing DOL to Coordinate Enforcement on Independent Contractor Misclassification Issues with IRS and State Labor Agencies
The Department of Labor (DOL) has signed a memorandum of understanding with the Internal Revenue Service (IRS) to coordinate efforts to address employee misclassification.
September 23, 2011 Briefing Bankruptcy Court Denies Confirmation of WaMu’s Plan of Reorganization
Sending the Debtors back to the drawing board after almost three years in bankruptcy, in a 139 page opinion, the Bankruptcy Court has for the second time denied confirmation of the Plan of Reorganization for Washington Mutual, Inc., which was the owner of the largest savings bank ever to be seized by the FDIC.
September 20, 2011 Newsletter Financial Services Update, Vol. 6, Number 34
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
September 2011 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.
September 13, 2011 Newsletter Private Equity Update - September 2011
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.
September 12, 2011 Newsletter Financial Services Update, Vol. 6, Number 33
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
September 2011 Newsletter State and Local Tax Report
Winston & Strawn's State and Local Tax Report covers topics of interest to the firm's clients in the areas of property tax, sales and use tax, state income tax, documentary transfer tax, as well as many other state and local taxes.
September 7, 2011 Newsletter Federal Circuit Patent Decision Summaries, Volume 4, Issue 27
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.
September 6, 2011 Newsletter Labor News
Select events and news from the world of organized labor for August 2011
September 2011 Article Mergers and Acquisitions: Recent Changes to the Antitrust Division’s Policy Guide to Merger Remedies Mark a Shift in Stance on Conduct Remedies
Firm Authors: R. Mark McCareins
September 1, 2011 Briefing Mr Justice Arnold on Experts
All IP practitioners are aware of the importance of expert evidence in patent proceedings in the English courts.
September 2011 Newsletter London Patent News - September 2011
We are pleased to publish the September edition of our London IP Group Patent Newsletter. We do hope you find it a good read. All comments and feedback will be most gratefully received.
September 1, 2011 Briefing Patent Litigation in Northern Ireland
June saw the decision of the High Court of Northern Ireland in Siemens AG v Seagate Technology (Ireland) handed down a year after the hearing of the case. Mr Justice Deeny expressed his regret that the shortage of judicial manpower and greatly increased workload had prevented the judgment from being handed down earlier.
September 1, 2011 Briefing The European Unitary Patent / Unified Patent Court
After years of relatively little progress, there appears to be momentum building up behind the two building blocks underlying the European Union’s goal of a unified patent system.
September 1, 2011 Briefing Will Ireland Outstrip UK’s Reputation as A Patent “Graveyard”?
In November 2010, Mr Justice Arnold, one of the three specialist judges in the Patents Court in London, held three Medinol patents not to be infringed by Abbott Laboratories’ coronary stents.
September 1, 2011 Briefing The Patents County Court Reborn Again
After its ‘re-launch’ in the Autumn of 2010, the restyled Patents County Court has been roundly hailed.
September 1, 2011 Briefing How to Infringe Swiss Form Claims
Mr Justice Kitchin recently considered the scope of Swiss form claims in the context of the proton pump inhibitor esomeprazole. The patent in suit (EP1,020,461), held by AstraZeneca, seeks to protect the magnesium salt of the S enantiomer of omeprazole (magnesium esomeprazole) with an optical purity of 99.8% enantiomeric excess1 and the use of that salt for the manufacture of a medicament for inhibition of gastric acid secretion.
September 1, 2011 Briefing Update on the Ever-Changing Fracking Landscape
Many people consider natural gas to be the most important energy source of the future. Not only does natural gas produce less carbon dioxide – the principal greenhouse gas contributing to climate change – than traditional energy sources, but new discoveries of natural gas deposits locked in shale formations throughout the United States suggest that natural gas is also relatively abundant.
September 2011 Article Regulatory Update: Employee Benefits Security Administration Issues Regulatory Agenda for Coming Year
August 31, 2011 Newsletter Federal Circuit Patent Decision Summaries, Volume 4, Issue 26
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.
August 31, 2011 Briefing NLRB Restores Bars to Challenges to Union’s Representative Status in Voluntary Recognition and Successorship Contexts
The National Labor Relations Board issued two 3-1 decisions, finalized August 26, addressing the protections that federal labor law affords new collective bargaining relationships between unions and employers.
August 31, 2011 Briefing DOL Issues Final Regulations Requiring Successor Government Contractors to Offer Predecessor’s Employees Jobs
This week, the U.S. Department of Labor issued final regulations implementing President Barack Obama’s Executive Order 13495, Nondisplacement of Qualified Workers Under Service Contracts
August 31, 2011 Newsletter Financial Services Update, Vol. 6, Number 32
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
August 25, 2011 Briefing Community Banks vs Bank Examiners—Are Community Banks’ Concerns about Examiner Decisions Justified?
On August 16, 2011, the U.S. House of Representatives Financial Institution Subcommittee on Financial Institutions and Consumer Credit conducted a hearing into supervision of community banks.
August 25, 2011 Briefing NLRB Issues Rule Requiring Employers to Post Notification of Employees Right Under the NLRA
The National Labor Relations Board has issued a “Final Rule”, effective November 14, 2011, that requires employers to notify employees of their rights under the National Labor Relations Act.
August 24, 2011 Newsletter Federal Circuit Patent Decision Summaries, Volume 4, Issue 25
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.
August 15, 2011 Newsletter Financial Services Update, Vol. 6, Number 30
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
August 15, 2011 Article Contract issues for NBA Expatriates
Firm Authors: Brian L. Heidelberger
August 15, 2011 Briefing SEC Adopts Large Trader Reporting System
On July 26, 2011, the Securities and Exchange Commission voted unanimously to adopt Rule 13h-1, along with a new web-based Form 13H, under Section 13(h) of the Securities Exchange Act of 1934.
August 12, 2011 Briefing FTC to Review its Guidance and Regulations of Online, “New Media” Advertising
Firm Authors: Anthony E. DiResta
Without a doubt, today’s world of communications is changing daily. Consumers, advertisers, businesses and brands, and governmental regulators are witnessing an explosion of “social media platforms” and emerging technologies.
August 10, 2011 Briefing OFCCP Ramps Up Compensation Discrimination Enforcement
Speaking at the Industry Liaison Group’s 29th annual national conference, officials from the Labor Department’s Office of Federal Contract Compliance Programs and Solicitor’s Office laid out an aggressive agenda for pursuing compensation discrimination claims against federal contractors.
August 8, 2011 Newsletter Financial Services Update, Vol. 6, Number 29
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
August 4, 2011 Newsletter Labor News
Select events and news from the world of organized labor for July 2011
August 1, 2011 Briefing U.S., China Sign Memorandum of Understanding on Antitrust Cooperation
Firm Authors: David E. Dahlquist
On July 27, 2011 the competition agencies of the United States and the People’s Republic of China signed a Memorandum of Understanding for the purpose of fostering cooperation in the enforcement of their competition laws and policies.
August 1, 2011 Newsletter Financial Services Update, Vol. 6, Number 28
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
August 2011 Article Executive Compensation Impact of the Dodd-Frank Act: Considerations for the Remainder of 2011 and for 2012
July 29, 2011 Briefing NLRB Division of Advice Finds No Protection for Some Employees Complaints Posted on Social Media Sites
The National Labor Relations Board’s Division of Advice concluded in three recent memoranda to NLRB regional offices that in certain circumstances, employees posting complaints about their employment on social media sites may not be engaged in concerted, protected activity, even if the complaints are job-related.
June - July 2011 Newsletter eDiscovery Advantage, Volume 1, Issue 2
Winston & Strawn eDiscovery Advantage, a bi-monthly newsletter containing overviews of significant eDiscovery cases and developments.
July 27, 2011 Newsletter Federal Circuit Patent Decision Summaries, Volume 4, Issue 22
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.
July 25, 2011 Newsletter Financial Services Update, Vol. 6, Number 27
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
July 22, 2011 Briefing FERC Reforms Transmission Planning and Cost Allocation Principles
On July 21, 2011, the Federal Energy Regulatory Commission issued a new rule that for the first time requires public utilities to plan new transmission lines specifically to integrate renewable energy projects, adopts new regional planning cost allocation principles for the new lines, and bans utilities from giving themselves a “right of first refusal” to build new transmission facilities as part of federal open access transmission tariffs.
July 15, 2011 Article Liisa Thomas Publishes Article About Trademark Rights and Celebrity Names
Firm Authors: Liisa M. Thomas
July 14, 2011 Briefing Agencies Issue Final Rules on Hart Scott Rodino Premerger Notification Form
On July 7, 2011, the Federal Trade Commission and the Antitrust Division of the Department of Justice, issued extensive changes to the Hart Scott Rodino Premerger Notification form.
July 13, 2011 Newsletter Federal Circuit Patent Decision Summaries, Volume 4, Issue 21
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.
July 12, 2011 Briefing Treasury Releases New Guidance on Evaluating Cash Grant-Eligible Basis
On June 30, the U.S. Department of the Treasury released an additional guidance document outlining the process used to evaluate the amount of a renewable energy project’s basis that is eligible for a payment in lieu of tax credits under Section 1603 of the American Recovery and Reinvestment Act of 2009.
July 11, 2011 Newsletter Financial Services Update, Vol. 6, Number 25
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
July 8, 2011 Briefing U.S. Supreme Court Issues Decision Concerning Liability for Global Warming
In an 8-0 decision, the Supreme Court recently foreclosed the possibility of plaintiffs bringing federal common law public nuisance claims against those who allegedly contribute to global warming by emitting carbon dioxide.
July 6, 2011 Briefing IRS Increases Mileage Rates for Remainder of 2011
Employers may need to adjust their mileage reimbursements to employees. The Internal Revenue Service (IRS) has announced an increase in the optional standard mileage rates for the final six months of 2011.
July 7, 2011 Newsletter Labor News
Select events and news from the world of organized labor for June 2011
July 7, 2011 Briefing Twin Supreme Court Decisions Clarify Long-Debated Limits of Personal Jurisdiction Over Corporate Defendants
In the last week of its Term, the Supreme Court revisited the thorny question of when courts may exercise jurisdiction over corporate defendants.
July 6, 2011 Newsletter Federal Circuit Patent Decision Summaries, Volume 4, Issue 20
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.
July 5, 2011 Briefing First Circuit Denies Post-Petition Interest To Senior Unsecured Creditors
The United States Court of Appeals for the First Circuit upheld a bankruptcy court’s holding that, where subordination agreements lacked explicit provisions addressing the payment of post-petition interest on senior unsecured debt, the agreements were ambiguous, and an inquiry into the parties’ intent was required.
July 1, 2011 Article A Practical Guide to the 401(k) Participant Disclosure Requirements
June 30, 2011 Briefing DOJ Issues Updated Merger Remedies Policy Guide
Firm Authors: David E. Dahlquist
On June 17, 2011, the U.S. Department of Justice’s Antitrust Division issued an updated version of its policy guide to merger remedies, the first such revision since the original guide was issued in October 2004.
June 30, 2011 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.
June 28, 2011 Newsletter Federal Circuit Patent Decision Summaries, Volume 4, Issue 19
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.
June 27, 2011 Newsletter Financial Services Update, Vol. 6, Number 24
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
June 24, 2011 Briefing Supreme Court Rejects Higher Standard of Causation for Railroad Workers Suing Under the Federal Employers’ Liability Act
Firm Authors: Heather S. Lehman
On June 23, the Supreme Court ruled (5-4) that a railroad employee seeking to recover for a work-related injury under the Federal Employers’ Liability Act need only demonstrate that the railroad’s negligence played “any part” in the injury, thus rejecting the railroad’s view that proximate cause is required. CSX Transportation, Inc. v. McBride, No. 10-235.
June 2011 Newsletter State and Local Tax Report
Winston & Strawn's State and Local Tax Report covers topics of interest to the firm's clients in the areas of property tax, sales and use tax, state income tax, documentary transfer tax, as well as many other state and local taxes.
June 23, 2011 Briefing Supreme Court Says No to Climate Change Nuisance Claims
On June 20, 2011, the United States Supreme Court issued a decision by a vote of 8-0 in American Electric Power Co., Inc. v. Connecticut, a climate change public nuisance case on appeal from the Second Circuit Court of Appeals.
June 22, 2011 Briefing DOL’s Office of Labor–Management Standards Proposes Rule to Expand Reporting of Persuader Agreements
The Department of Labor’s Office of Labor-Management Standards published a notice of rulemaking on June 21, 2011 that would revise the interpretation of “advice” to expand the requirements for reporting persuader agreements between employers and labor relations consultants.
June 22, 2011 Briefing Business Moves Your NBA Player Should Make As Soon As He’s Drafted
Firm Authors: Brian L. Heidelberger
The NBA draft is right around the corner and whatever number your player is picked, he’s going to have to pick up not only his game, but also his business skills, unless he wants to end up as one of the 60 percent of NBA players who are broke within five years of retirement.
June 22, 2011 Briefing NLRB Proposes Amendments to Election Rules
On June 21, 2011, the National Labor Relations Board, Member Hayes dissenting, proposed reforms of its procedures regarding representation elections.
June 21, 2011 Briefing U.S. Supreme Court Reverses Order Certifying Class of 1.5 Million Wal-Mart Employees
Yesterday, the U.S. Supreme Court reversed the Ninth Circuit’s decision affirming certification of a class action comprising some 1.5 million current and former female Wal-Mart employees seeking injunctive relief and backpay.
June 21, 2011 Briefing Supreme Court Rejects Petition Clause Claims of Public Employee Who Alleged Retaliation
On June 20, the Supreme Court ruled (8-1) that a government employer’s allegedly retaliatory actions against an employee do not violate the First Amendment’s Petition Clause unless the employee’s petition relates to a matter of public, rather than private, concern.
June 2011 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.
June 20, 2011 Newsletter Financial Services Update, Vol. 6, Number 23
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
June 20, 2011 Briefing NLRB Invites Amicus Briefs on Class Action Arbitration Agreements
On June 16, 2011, the National Labor Relations Board invited interested amici to file briefs addressing whether a company violated Section 8(a)(1) of the National Labor Relations Act by requiring its employees, as a condition of employment, to sign a mutual arbitration agreement in which the employee agrees to submit all employment disputes to individual arbitration and provides that the arbitrator will have no authority to consolidate claims or fashion a proceeding as a class or collective action. 
June 20, 2011 Newsletter Federal Circuit Patent Decision Summaries, Volume 4, Issue 18
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.
June 17, 2011 Briefing Ninth Circuit Holds That Unlicensed Accountants May Be Overtime-Exempt
On June 15, 2011, the Ninth Circuit held that a class of 2,000 unlicensed junior accountants was not categorically ineligible, as a matter of law, to fall under the professional or administrative exemptions from mandatory overtime, reversing the lower court’s holding.
June 16, 2011 Briefing SEC Adopts Final Rules to Establish Whistleblower Program
On May 25, 2011, the Securities and Exchange Commission adopted final rules to implement Section 21F of the Securities Exchange Act of 1934, as amended – “Securities Whistleblower Incentives and Protection.”
June 14, 2011 Newsletter Federal Circuit Patent Decision Summaries, Volume 4, Issue 17
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.
June 13, 2011 Newsletter Financial Services Update, Vol. 6, Number 22
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
June 10, 2011 Briefing Supreme Court affirms “clear and convincing” standard for proving patent invalidity. Majority and concurring opinions invite use of jury instructions to clarify degree of deference due to PTO and role of jury in particular cases.
On June 9, the Supreme Court finally resolved what had been a contentious issue of patent law ever since the Court’s 2007 decision in KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398 (2007): Whether claims of invalidity over prior art that was not considered by the Patent and Trademark Office (“PTO”) should be governed by a reduced standard of proof.
June 10, 2011 Briefing Supreme Court Holds that Patent Rights in Federally Funded Inventions do not Automatically Vest in Federal Contractors Under the Bayh-Dole Act
In a case alleging infringement of patents for a method of HIV testing, the Supreme Court held that the University and Small Business Patent Procedures Act of 1980 does not automatically vest title to federally funded inventions for federal contractors or allow them to unilaterally take title to such inventions.
June 8, 2011 Briefing Supreme Court Holds That Induced Patent Infringement Requires That the Inducer Knows That the Induced Conduct Infringes a Patent
In a case alleging induced infringement of a patent for a home-use deep fryer, the Supreme Court held that induced infringement under 35 U.S.C. § 271(b) requires knowledge that the induced acts constitute patent infringement.
June 7, 2011 Newsletter Federal Circuit Patent Decision Summaries, Volume 4, Issue 16
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.
June 6, 2011 Newsletter Financial Services Update, Vol. 6, Number 21
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
June 6, 2011 Briefing Supreme Court Rules Partially Prevailing Defendant May Recover Limited Fees For Frivolous Claims
Resolving a split among circuit courts, a unanimous Supreme Court ruled that a court may grant reasonable attorney’s fees to a defendant in certain civil rights cases involving both frivolous and nonfrivolous claims, but only for fees the defendant would not have incurred but for the frivolous claims. Fox v. Vice, __ U.S. __, No. 10-114 (June 6, 2011).
June 3, 2011 Newsletter Labor News
Select events and news from the world of organized labor for May 2011
June 2, 2011 Briefing FERC Dismisses California’s Claim for Billions in Refunds
Firm Authors: Gordon A. Coffee, Raymond B. Wuslich
June 2, 2011 Briefing SEC Proposes Rule to Disqualify Felons and Bad Actors from Regulation D Securities Offerings
June 2011 Article The Innocence Record
Firm Authors: Gregory A. McConnell
June 2011 Article Department of Labor Requests Information on Electronic Employee Benefit Plan Disclosures
May 27, 2011 Briefing Federal Circuit Raises the Bar for Proving Inequitable Conduct
Over the 13 year prosecution history of the ‘551 patent-in-suit, the U.S. Patent and Trademark Office rejected the original application multiple times for anticipation and obviousness over the prior art ‘382 patent also owned by the patentee.
May 27, 2011 Briefing U.S. Supreme Court Upholds Arizona’s Employment- Related Immigration Law
Firm Authors: Linda T. Coberly
Before the recent headlines about Arizona’s new and comprehensive immigration law known as SB 1070, litigation was already underway about an earlier Arizona immigration statute—a statute that punishes employers for knowingly employing undocumented workers.
May 25, 2011 Newsletter Federal Circuit Patent Decision Summaries, Volume 4, Issue 15
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.
May 25, 2011 Newsletter Private Equity Update - Spring 2011
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.
May 19, 2011 Briefing Regulation of Certain Wire and ACH Transfers to Persons Abroad Is Impending in the Guise of Regulation of Consumer “Remittance Transfers”
Firm Authors: Averil M. Edwards, Jerry Loeser
The Dodd-Frank Act, a more than 2,300 page comprehensive financial regulatory reform law that the President signed into law last July, contains a number of little known and scantily discussed provisions such as Section 1073 that provides for federal regulation of “remittance transfers,” essentially consumer-initiated electronic transfers of funds to persons in foreign countries.
May 18, 2011 Newsletter Federal Circuit Patent Decision Summaries, Volume 4, Issue 14
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.
May 4, 2011 Briefing OFCCP Proposes Amending Affirmative Action and Nondiscrimination Regulations For Veteran Hiring and Recruitment Under VEVRAA
On April 26, 2011, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a notice of proposed rulemaking that would amend its regulations concerning contractor affirmative action and nondiscrimination obligations toward protected veterans under the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA).
May 3, 2011 Newsletter Labor News
Select events and news from the world of organized labor for April 2011
May 2, 2011 Briefing Obama Administration Issues Proposed Clean Water Act Guidance as Part of a National Clean Water Framework
On April 27, 2011, the Obama Administration released a national Clean Water Framework affirming its commitment to protecting the nation’s waters. The framework outlines a series of actions that are planned and being implemented by the federal government to ensure the safety of the nation’s waters.
May 2011 Article Using § 552(a) to Invalidate a Lender’s Security Interest in Proceeds of an FCC License
Firm Authors: Thomas F. Blakemore, Gregory A. Martin
May 2011 Article Litigator in the Spotlight
Firm Authors: James F. Hurst
May 2011 Article Current State of Patent False Marking Litigation
Firm Authors: R. Mark McCareins, Peter J. Slawniak
May 2011 Article The DOL’s Proposed Re-Definition of “Fiduciary” Sparks Lively Debate
April 28, 2011 Briefing Supreme Court Enforces Arbitration Agreement Prohibiting Class Action Proceedings
In a 5-4 decision, with enormous implications for the future of class action litigation, the Supreme Court ruled on April 27 that an arbitration provision in an otherwise valid consumer contract requiring disputes to be arbitrated individually was enforceable.
April 20, 2011 Newsletter Federal Circuit Patent Decision Summaries, Volume 4, Issue 11
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.
April 20, 2011 Briefing Department of Labor Substantially Curtails Use of the Fluctuating Workweek Method for Calculating Overtime
The Department of Labor issued regulatory amendments on April 5, 2011, that make it substantially riskier for employers to use the fluctuating workweek method to calculate overtime.
April 12, 2011 Article Legal Issues Raised by the Electronic Delivery of Stock Award Agreements
Firm Authors: Michael S. Melbinger
April - May 2011 Newsletter eDiscovery Advantage, Volume 1, Issue 1
Winston & Strawn eDiscovery Advantage, a bi-monthly newsletter containing overviews of significant eDiscovery cases and developments.
April 2011 Newsletter State and Local Tax Report
Winston & Strawn's State and Local Tax Report covers topics of interest to the firm's clients in the areas of property tax, sales and use tax, state income tax, documentary transfer tax, as well as many other state and local taxes.
April 6, 2011 Briefing Implementing the Durbin Amendment: What Was the Fed Thinking?
Firm Authors: Christine A. Edwards, Jerry Loeser
The Federal Reserve Board, on December 16, 2010, approved proposing a rule to implement the Durbin Amendment in the Dodd-Frank Act.
April 5, 2011 Newsletter Federal Circuit Patent Decision Summaries, Volume 4, Issue 10
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.
April 2011 Article Emerging Law in Web Site Accessibility
Firm Authors: Monique N. Bhargava, Liisa M. Thomas
April 2011 Article IRS Regulations on “Hybrid” Retirement Plans
March 2011 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.
March 31, 2011 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.
March 29, 2011 Briefing EEOC Issues Final ADAAA Regulations
On March 24, 2011, the Equal Employment Opportunity Commission issued final regulations that interpret the Americans with Disabilities Act Amendments Act.
March 28, 2011 Newsletter Financial Services Update, Vol. 6, Number 13
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
March 23, 2011 Briefing Supreme Court Rules FLSA Anti-Retaliation Provision Covers Oral Complaints
Resolving a lower court conflict regarding the scope of the anti-retaliation provision of the Fair Labor Standards Act (FLSA), the Supreme Court ruled that an employee’s oral complaints were sufficient to trigger the FLSA’s protections.
March 21, 2011 Newsletter Financial Services Update, Vol. 6, Number 12
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
March 18, 2011 Newsletter Financial Services Update, Vol. 6, Number 11
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
March 17, 2011 Briefing Federal Consumer Financial Protection Bureau Is Recruiting Examiners: Industry-Trained Experts Should Apply
The Consumer Financial Protection Bureau (“CFPB”) was established by the Dodd-Frank Act, the comprehensive financial regulatory reform legislation enacted last summer. It is expected to be up and running July 21. On that date, authority is granted to the CFPB to conduct examinations of any firm that offers a consumer financial product or service.
March 8, 2011 Newsletter Federal Circuit Patent Decision Summaries, Volume 4, Issue 8
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.
March 7, 2011 Newsletter Financial Services Update, Vol. 6, Number 10
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
March 3, 2011 Briefing Supreme Court Reinstates USERRA Discrimination Claim in “Cat’s Paw” Case
A unanimous Supreme Court held that an Army Reservist, who was fired from his civilian job, has a viable discrimination claim under the Uniformed Services Employment and Reemployment Rights Act based on evidence that two biased supervisors contributed to the termination decision, even though an unbiased manager ultimately made the decision. Staub v. Proctor Hospital, __U.S.__, No. 09- 400 (March 1, 2011).
March 3, 2011 Newsletter Labor News
Select events from the world of organized labor for February 2011
March 1, 2011 Newsletter Federal Circuit Patent Decision Summaries, Volume 4, Issue 7
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.
First Quarter 2011 Article Writing a Resume for a Board Candidacy
Firm Authors: Christine A. Edwards
March 2011 Article Regulatory Update: Overview of Regulations and Other Developments Regarding PPACA’s Employer-Sponsored Group Health Plan Provisions
February 28, 2011 Newsletter Financial Services Update, Vol. 6, Number 9
Winston & Strawn's weekly Financial Services Update publication covers news pertinent to the financial services industry, and provides summary analysis of developments at the SEC, CFTC, OCC, and self-regulatory organizations. This information comes from a myriad of sources and is provided by Winston & Strawn in conjunction with Knowledge Mosaic LLC.
February 24, 2011 Briefing MSRB Proposes New Rules and Interpretive Guidance on Municipal Advisors and Underwriters
The Municipal Securities Rulemaking Board has proposed for comment a new rule, Rule G-36, concerning the fiduciary duty of municipal advisors and proposed interpretive guidance regarding the application of MSRB Rule G-17, which concerns “fair dealing,” to municipal advisors and underwriters.
February 22, 2011 Newsletter Federal Circuit Patent Decision Summaries, Volume 4, Issue 6
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 21, 2011 Briefing Ninth Circuit Rules Pharmaceutical Sales Representatives are Exempt from Overtime Under Outside Sales Exemption
In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit found that pharmaceutical sales representatives cannot recover overtime pay under the Fair Labor Standards Act because they fall within the FLSA’s outside sales exemption.
February 21, 2011 Briefing Delaware Court Issues Key Takeover Rulings
The Delaware chancery court recently issued two opinions that are important to the boards of public companies involved in takeover bids.
February 16, 2011 Briefing