1. JD Supra Morning Brief: Principles on Privacy, @#%*& on Facebook, Picasso on Loan, CBP on Shoes

    Email delivery of the JD Supra Morning Brief? Why, yes, thank you, I’ll take two! Where do I sign up?

    Sigmund Freud, Marx Brothers, and Bernie Madoff. No – we’re not kidding (Bloomberg Law) 

    Wouldn’t the world be a better place if ALL companies released guiding principles on freedom of expression and privacy? (Foley Hoag) 

    Don’t loan your Picasso to the art museum without reading this update (Sheppard Mullin) 

    Hey! Keep your @#%*& opinions about the employees off of your Facebook page! (Looper Reed & McGraw) 

    The world’s largest interest-rate swap clearinghouse had a major information technology failure last New Year’s Eve (Shipkevich PLLC) 

    Excuse me: can we share that umbrella? It’s raining money – or it will be soon… (MoFo Tech) 

    Worried your customers won’t be able to pay for the auto parts you’re supplying? (Foley & Lardner) 

    Freddie Mac has sued 15 banks and the British Bankers’ Association for manipulation the LIBOR rate (BuckleySandler) 

    Your tax dollars at work: US Customs and Border Protection has proposed a new method for determining the proper classification of footwear under the country’s tariff laws (Duane Morris) 

    Kicked off the basketball team for not cutting your hair? You’re out of luck, kid (Franczek Radelet) 

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    @JDSupraBuzz

  2. JD Supra Weekend Reader: Terrorism, Fraud, Robocalls, Gun Laws, Crowdfunding, More

    This year’s National Day of Unplugging begins tonight at sundown. Our recommendation? Read the JD Supra Weekend Reader before you leave the office…

    From trespassing to terrorism: the first gang member charged as a terrorist earns a new trial after eight years in jail (Bloomberg Law) 

    Healthcare fraud enforcement provides federal government a 790% return on their investment. To be honest, we thought you only got results like that via insider trading (BakerHostetler) 

    More than half of the states – and the federal government – do not have laws regulating firearms in the workplace. That includes New York, which just passed the “toughest, strongest” gun law in the country (Littler) 

    FTC levies $1.1 million fine on the “architect of an illegal robocall operation” (Ifrah Law) 

    Want fries with that? “Footlong” sandwiches, “100% Kosher” hot dogs, margaritas, honey, and more in this food litigation roundup (Perkins Coie) 

    Not part of the country’s “critical infrastructure”? You still have to worry about cybersecurity… (Looper Reed) 

    The 2013 Vintage certainly has a robust body and bouquet… (Manatt, Phelps & Phillips) 

    The FDA has tightened its prescription rules in response to last fall’s meningitis outbreak (Duane Morris) 

    Can the Fifth Amendment be invoked to avoid giving the Feds evidence of illegal offshore accounts? (Morvillo Abramowitz) 

    China has given its anti-corruption law more bite, but one thing hasn’t changed: receiving a bribe is not a crime (Morrison & Foerster) 

    Employees who want “pack heat” on their commute could soon be doing it in more states (Bradley Arant Boult Cummings) 

    $1.7 million profit on a $90,000 purchase of Heinz call options one day before the company is sold to Berkshire Hathaway and 3G Capital? Now why would the SEC and the FBI be interested in that? (Orrick) 

    Colorado students turn tradition and freedom of speech into controversy by delivering the Pledge of Allegiance in Arabic (Cullen & Dykman) 

    Employers who think they can evaluate potential employees via an unpaid “working interview” are kidding themselves (Looper Reed) 

    2013 is going to be a very busy year at the SEC. Are you ready? (Perkins Coie) 

    Standing in the parking lot to watch your employees go into their union meeting? That’s illegal “coercive surveillance”… (Barger & Wolen) 

    Woof woof woof. Woof. Woof woof. (Translation: I told you I smelled drugs. Really. And the Supreme Court agreed) (Varnum) 

    This 80-page analysis of the most challenging issues facing global employers is a must-read for every multinational (Littler) 

    Oh great: as if global warming weren’t bad enough, now we have to start worrying about geomagnetic storms… (Zelle Hofmann) 

    3-D printers could usher in an entirely new era of intellectual property protection … (Foley Hoag) 

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  3. JD Supra Morning Brief: Online Gambling, Employee Firearms, HIPAA Breaches, Pledge of Allegiance

    Sign up for email delivery of the JD Supra Morning Brief. It’s like getting a birthday present every day, without the thank you notes (though we’d certainly love to hear from you):

    Want to gamble online? Plan a trip to Jersey… (Ifrah Law)  

    Employees who want “pack heat” on their commute could soon be doing it in more states (Bradley Arant Boult Cummings) 

    Is crowdfunding legal now? (Looper Reed) 

    Time to come clean: HIPAA covered entities have just three more days to report small breaches of protected health information that occurred during 2012 (Davis Wright Tremaine) 

    Working from home is rarely a “reasonable accommodation” under the ADA (Marissa Mayer probably knew this last week) (Morrison & Foerster) 

    What to expect from the “Lean Mean Civil Rights Machine” over the next three years (Ogletree Deakins) 

    $1.7 million profit on a $90,000 purchase of Heinz call options one day before the company is sold to Berkshire Hathaway and 3G Capital? Now why would the SEC and the FBI be interested in that? (Orrick) 

    Water, water everywhere, nor any drop to drink… But Florida developers are finding alternatives (Bilzin Sumberg) 

    Colorado students turn tradition and freedom of speech into controversy by delivering the Pledge of Allegiance in Arabic (Cullen & Dykman) 

    No dice, ICE: Department of Justice says Immigration and Customs Enforcement can’t force employers to admit liability for I-9 violations after a settlement has been negotiated (Foley & Lardner) 

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    Catch the Buzz on Twitter: @JDSupraBuzz

  4. JD Supra Weekend Reader: Shadow Banking System, Reducing Child Labor, Good Advice from Bad Santa, Fiscal Cliff Looms

    Just three more hours and we’re in the clear. Oh wait – the Mayans were on Central Standard Time, right? 

    Assuming there is a weekend, here’s our pick of this week’s top law news stories. Enjoy:*

    It’s what mobile app privacy, HR as an anti-corruption tool, insider trading, the first sale doctrine, and social media have in common… (Corporate Law Report) 

    Bikram Choudhury most certainly did not find his zen in the courtroom: the Central District of California just ruled that his yoga poses cannot be copyrighted (BakerHostetler) 

    Offering your employees vacation time over the holidays? Make sure you’re doing it right (Akerman) 

    The FDIC is concerned that mobile payments could open up an unregulated “shadow banking system” (Davis Wright Tremaine) 

    Ho, ho, huh? Santa would never sue the North Pole for lost wages, would he? (Duane Morris) 

    A must for every multinational’s HR workbench: the Department of Labor toolkit for reducing child labor and forced labor (Fisher & Phillips) 

    Think HSBC got off easy with a $1.9 billion fine for laundering drug money? You’re not alone (Corporate Law Report) 

    US-listed companies with operations in China are facing a cliff of their own this year (Pillsbury) 

    The University of Toledo lawfully terminated the interim Associate Vice President for Human Resources after she wrote an op-ed column arguing that homosexuals choose to be gay (FordHarrison) (Warner Norcross & Judd) 

    Planning to squeeze in one last political donation before the end of the year? Read this first (Perkins Coie) 

    Note to self: always notify EU regulators and obtain clearance when acquiring effective control of a joint venture company (Reed Smith) 

    Bad Santa gives good advice – if you do the opposite of what he says, that is… (Constangy, Brooks & Smith) 

    Can Congress ban paid political ads from public television? We’ll know soon enough (Jackson Walker) 

    That ‘ole Fiscal Cliff just keeps drawing near… (JD Supra Contributors) 

    Earlier this year, the Alaska Dept of Health and Social Services and the Massachusetts Eye and Ear Infirmary each paid more than $1 million for violating HIPAA’s Security Rule. Let that be a lesson to you (Lewis and Roca) 

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    * If the earth is disintegrating under your feet, stop reading this and run!

    —- 

    @lancegodard

  5. JD Supra Morning Brief: Politically Correct Outsourcing, Fired Over a Facebook Leak, Nightmare on Any Street, Sandy

    From the Buzz Files, your morning legal brief. Goes well with coffee and a Danish:

    Neither rain, nor wind, nor anything Hurricane Sandy throws at them will stop these lawyers from seeking justice (Bloomberg Law) 

    Speaking of Frankenstorm, here are five tips for a smooth disaster recovery (Small Business Support) 

    Loose lips sink careers, especially when you work at Citigroup (Pullman & Comley) 

    Onshoring is the new black. Or maybe the new offshoring. Either way, you can outsource your work AND keep it at home (Pillsbury) 

    Developers: if you’re going to claim your mobile app treats acne, you’ll need to back it up (Fenwick & West) 

    Everything you wanted to know about health care reform (spoiler alert: some deadlines are coming up fast) (McDermott Will & Emery) 

    The Work-for-Hire doctrine of the Copyright Act defines who owns a copyrightable work created by an employee (Wilson Sonsini) 

    How are you going to pay for that FCPA lawsuit? (Gilbert LLP) 

    School district: 1, Students and Free Speech advocates: 0 (Franczek Radelet) 

    There’s an oversupply of natural gas in the U.S. Really (Sedgwick) 

    Didn’t make it to the Mortgage’s Bankers Association annual convention? Here’s what they discussed (Manatt, Phelps & Phillips) 

    It’s almost Halloween. Time to find an alternate route for your morning commute (Greenberg Glusker) 

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  6. Freedom from Religion, Fracking under Attack, FBI Warrants, Fortune 500 Cybersecurity… Yes, It’s…

    … this week’s JD Supra Buzz. Here’s what we learned in law news:

    The Freedom from Religion Foundation has asked the U of Tennessee to stop praying before football games (TN Law Center) 

    Google has challenged an FBI search warrant seeking the unlock code for the phone of a man accused of running a prostitution business (Lawyers.com) 

    Is the price of an illegal song download dropping? (Mintz Levin) 

    Regulators and environmental groups continue to target fracking operations (Spilman Thomas & Battle) 

    Dear CEO: What is your company doing re cybersecurity protection? Signed, Senator John Rockefeller (King & Spalding) 

    The Green Card lottery opens on October 2, 2012 (Proskauer) 

    The Consumer Financial Protection Bureau has had a very very busy first year (Morgan Lewis) 

    The NLRB did not like Costco’s social media policy. Not at all. (Mintz Levin) 

    The European Commission is lobbying for centralized bank supervision (Corporate Law Report) 

    The Center for Responsive Politics tracks the lobbying and political activities of approximately 20,000 organizations (King & Spalding) 

    A Colorado man who claimed to contracted a rare lung disease from making and eating two to three bags a day of microwave popcorn was awarded nearly $7.3 million in damages (Dinsmore & Shohl) 

    If you’re keeping score at home, it’s Panties: 1, Fair Use Doctrine: 0 (Greenberg Glusker) 

    Hold on – do you have any actual proof you’re the Libyan Embassy, or do you expect me to just take your word for it? (Ifrah Law) 

    Can employees take sick leave when they’re not sick? No, it’s not a trick question (Pullman & Comley) 

    Sean Connery can’t survive in a Daniel Craig world. Yes, we’re talking about HIPAA (Davis Brown) 

    California’s Proposition 37 is turning organic friends into enemies, six weeks before it goes to the polls (Is That Legal?) 

    Brazil is doing what it can to eliminate corruption ahead of the 2014 World Cup and the 2016 Olympics, but that may not be enough (Michael Volkov) 

    Free expression rights in turbulent world: Google blocks access to an anti-Islam video in Libya and Egypt (Foley Hoag) 

    Michigan Supreme Court upholds law barring medical marijuana providers from making a profit on the legal drug (XpertHR) 

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    Want more? Follow @JDSupraBuzz on Twitter»

  7. Free Speech, Red Shoes, Mobile Privacy, Nonprofit Pot. Must Be…

    … Monday’s JD Supra Buzz. What we learned in law news today:

    Free expression rights in turbulent world: Google blocks access to an anti-Islam video in Libya and Egypt (Foley Hoag) 

    Representative Ed Markey has introduced a mobile privacy bill to crack down on data monitoring and collection (Loeb & Loeb) 

    This isn’t likely to be the final word on the Louboutin v. Yves Saint Laurent decision, but it’s a great recap (Winthrop & Weinstine) 

    The NLRB has awoken from its two-month slumber and begun publishing rulings on workplace social media policies again (Ballard Spahr) 

    At 198 pages, this “primer” on international labor and employment issues probably has the answers to whatever question you may have (Baker & McKenzie Australia) 

    The French Data Protection Authority is one year old. My, how it’s grown (Proskauer) 

    New York raises the stakes for out-of-state telemarketers (Loeb & Loeb) 

    Unmask that clumsy blog commenter! (Brooks Pierce) 

    All brands should beware of online counterfeiters (Lane Powell) 

    Michigan Supreme Court upholds law barring medical marijuana providers from making a profit on the legal drug (XpertHR) 

    ASU picks up a $15 million Department of Energy grant for its Algae Testbed Public-Private Partnership (Lewis & Roca) 

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  8. Buggy Whips, Free Speech, Horse Pollution, Mortgage Costs. Must be…

    … Thursday’s JD Supra Buzz. Here’s what we learned in law today:

    Are newspapers destined to go the way of the buggy whip? (Bloomberg Law) 

    Is it illegal to obtain a company credit card for your own personal use? Well, that depends… (The Kaiser Law Firm) 

    Religious expression in the California workplace gets a boost (Proskauer) 

    One answer to computer hacking losses: theft insurance (Miller Canfield) 

    Teacher forced to resign for exercising free speech wins new trial (Franczek Radelet) 

    Fifth time’s a charm? Music piracy defendant plans to appeal $222,000 verdict to Supreme Court (Lawyers.com) 

    The Chinese government encourages PRC companies to coordinate and cooperate overseas investments. But not in an antitrust kind of way (Sheppard Mullin) 

    U.S. patent law is going to look quite different come Monday morning (Foley & Lardner) 

    The CFPB wants to make it easier to understand mortgage costs and compare loans (Katten Muchin Rosenman) 

    Next on the EPA’s radar: horseracing tracks (Dinsmore & Shohl) 

    Know what to do when your nonprofit is sued? Start by reading this update (Venable) 

    You may never want to eat Ben & Jerry’s ice cream again (Greenberg Glusker) 

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    Catch the @JDSupraBuzz on Twitter»

  9. Commercial Bribery, Puns and Parody, Accident Photos, Union Buttons. Must be…

    … Monday’s JD Supra Buzz. FYI, here’s what we learned today:

    Second Circuit rules on baristas, unions, and the NLRB (Fisher & Phillips) 

    Ben & Jerry’s Homemade Ice Cream v. Ben & Cherry’s XXX Ice Cream: parody or pun? It actually matters quite a bit in legal terms (Foley Hoag) 

    Could a round or two of golf be considered a bribe? Maybe (Warner Norcross & Judd) 

    The FCC’s new rules on closed captioning of internet-delivered content go into effect on September 30 (Sheppard Mullin) 

    When does the U.S. government get involved in the acquisition by a Chinese state-owned company of a Canadian business? When there’s oil involved… (King & Spalding) 

    The number of patent applications which refer to fracking (hydraulic fracturing) continue to grow (Foley & Lardner) 

    From the other side of the world, a comprehensive overview of building an intellectual property strategy that works no matter where you’re located (Baldwins) 

    Student loan collector gets schooled by the Second Circuit (Ballard Spahr) 

    Is your business covered for cyber liability? (Scott & Scott) 

    There aren’t any First Amendment rights to free speech in the private workplace (Constangy, Brooks & Smith) 

    State laws begin to protect the privacy of accident victims (XpertHR) 

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    Follow @JDSupraBuzz on Twitter»

  10. Today’s Buzz: Romney’s Taxes, The Butt Face, Gambling, More

    What we learned in law today, from JD Supra:

    There are three things employers need to focus on right now to comply with healthcare reform laws (McNees Wallace & Nurick LLC) 

    Putting unpaid interns to work in the kitchen might earn you a lawsuit (Mintz Levin) 

    The “religious exemption” to the contraceptive mandate of the Affordable Care Act is actually quite limited in scope (Bryan Cave) 

    Sometimes lawyers violate copyright laws just like the rest of us (Duane Morris LLP) 

    Mitt Romney probably isn’t trying to hide anything illegal by not disclosing his tax returns (Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer, P.C.) 

    You knew them as The South Butt. Now they’re The Butt Face. But for The North Face, they still deserve to get tossed out by the seat of their pants (Foley Hoag LLP) 

    School kids + social media + free speech = lawsuits (Lawyers.com) 

    For Hong Kong-listed companies, finding investors in today’s economy is no longer just a pipe dream (Skadden Arps) 

    Student loan debt in the U.S. stands at $1,000,000,000,000 (John Skiba) 

    Amateur and professional sports leagues are betting against New Jersey’s Sports Gambling Law (Pillsbury) 

    Surfing can be a bad idea if you’re an employer, and the “ocean” is really the social media accounts of your employees (K&L Gates LLP) 

    Q: When can you claim a $40 million tax bill on something that has no value? A: When you’re the IRS (Sheppard Mullin Richter & Hampton LLP) 

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    Follow the Buzz on Twitter: @JDSupraBuzz