JD Supra Weekend Reader: SEO Expert Testimony, Google Street Smarts, Human Gene Patents, Immigration Reform Bill

That “weekend” thing everyone’s been talking about since Monday? It’s here. Make it a good one, with a dose of JD Supra Law News:

Is Big Law on the mend? Maybe… (Bloomberg Law) 

Relax, America – SAG-AFTRA (the Screen Actors Guild‐American Federation of Television and Radio Artists) has approved the new three-year contract for television commercials (Heenan Blaikie) 

SEO expert testimony in litigation? Yep - it’s coming… (Ronald Coleman) 

The struggle to make respect for human rights part of mainstream corporate practice in the United States has just begun… (Foley Hoag) 

“Street” smarts, brought to you by Google… (BakerHostetler) 

On the Internet in China, someone actually DOES know you’re a dog… (Sheppard Mullin) 

Will doing time become a requirement for those convicted of white collar crimes? (Saul Ewing) 

Can human genes be patented? (JD Supra Legal Perspective) 

“Neither admit nor deny” settlements of SEC charges may not be very satisfying, but without them the agency would lack an important enforcement tool… (Orrick) 

School officials have no unlimited right to search content on a student’s phone, says a federal appellate court (Franczek Radelet) 

The Marketplace Fairness Act would spell the end of tax-free purchases on the Internet (Dinsmore) 

The SEC’s social media guidance changes the way corporations communicate with investors. Here’s how… (JD Supra Legal Perspective) 

“Essential” job duties are still essential when an employee rarely performs them… (Ogletree Deakins) 

On second thought, maybe paying doctors for patient referrals wasn’t such a good idea after all… (King & Spalding) 

Your tax dollars at work: federal report finds that a lot of commercial real estate loans went bad when the market collapsed, often leaving small banks holding the bag (Dechert) 

Drafting a contract? It’ll be better if you think like a litigator… (Burns & Levinson) 

Space: the final frontier… For insurance companies? (Manatt, Phelps & Phillips) 

Be kind. Enough said. (McManis Faulkner) 

The Digital Millennium Copyright Act puts the burden on the copyright owner – not the website – to track infringement. Don’t believe us? Ask Viacom (or Google) (Looper Reed) 

Wonder what’s going on with the legalization of crowdfunding? Read this (Leonard, Street and Deinard) 

Last year the Supreme Court said law enforcement couldn’t attach GPS-tracking devices to a vehicle without a warrant. But there may be exceptions… (Jeff Ifrah) 

The new immigration reform bill is 844 pages long. Here’s a good summary (Morgan Lewis) 

More and more states have begun to consider laws that would require the disclosure of toxic chemicals in consumer products (Davis Wright Tremaine) 

True or False: telling an employer she needs to clean a construction site trailer in a French Maid’s Costume is not sexual harassment. No, it’s not a trick question. And yes, you might be surprised by the answer… (Fenwick & West) 

Will lawmakers succeed in imposing a financial transactions tax on Wall Street? (Duane Morris) 

Does your business comply with the California Transparency in Supply Chains Act? (Foley & Lardner) 

Can you trademark a store design? Ask Apple (Winthrop & Weinstine) 

—- 

Looking for more? Run, don’t walk, to Twitter: @JDSupraBuzz»

JD Supra Morning Brief: Actor’s Union, Online Taxes, Google Smarts, Health Costs

Another day, another JD Supra Morning Brief. Ain’t life grand?

Is Big Law on the mend? Maybe… (Bloomberg Law) 

Relax, America – SAG-AFTRA (the Screen Actors Guild‐American Federation of Television and Radio Artists) has approved the new three-year contract for television commercials (Heenan Blaikie) 

SEO expert testimony in litigation? Yep - it’s coming… (Ronald Coleman) 

The struggle to make respect for human rights part of mainstream corporate practice in the United States has just begun… (Foley Hoag) 

Heads up, online retailers: the New York taxman is soon to come a-calling… (Morrison Foerster - Social Media) 

Three ways to ensure success when exporting? 1. Click this link. 2. Read the update. 3. Implement (Baker Donelson) 

The Affordable Care Act is full of cost-saving measures to reduce health care spending. But that doesn’t mean the industry no longer has to worry about cost containment… (Mintz Levin) 

“Street” smarts, brought to you by Google… (BakerHostetler) 

On the Internet in China, someone actually DOES know you’re a dog… (Sheppard Mullin) 

“Who’s that guy hanging around the office?” “He says he’s from the Department of Labor, here about the FMLA” (Franczek Radelet) 

There’s a new I-9 form in town (and you’d better start using it) (Small Business Support) 

—- 

Get more on Twitter: @JDSupraBuzz»

JD Supra Morning Brief: SEC and Social Media, Fracking and Force Majeure, CFPB and Indirect Lenders, Employers and Essential Duties

Four out of five dentists recommend the JD Supra Morning Brief for their patients who read law news:

Chinese companies manufacture about 80% of all the Vitamin C sold in the US (Bloomberg Law) 

The SEC’s social media guidance changes the way corporations communicate with investors. Here’s how… (JD Supra Legal Perspective) 

That moratorium on fracking imposed by New York State? Not a “force majeure” that would extend oil and gas leases held by Chesapeake Appalachia LLC (Phillips Lytle) 

The CFPB plans to hold banks accountable for discrimination committed by indirect auto lenders (Foley & Lardner) 

“Essential” job duties are still essential when an employee rarely performs them… (Ogletree Deakins) 

Whoosh… The EPA plans to revise its effluent limitation guidelines for steam electric generation plants next year (Foley Hoag) 

The Supreme Court gave employers another tool to use in defending against wage & hour lawsuits last week (JD Supra Contributors) 

On second thought, maybe paying doctors for patient referrals wasn’t such a good idea after all… (King & Spalding) 

Your tax dollars at work: federal report finds that a lot of commercial real estate loans went bad when the market collapsed, often leaving small banks holding the bag (Dechert) 

Drafting a contract? It’ll be better if you think like a litigator… (Burns & Levinson) 

—- 

Keep ‘em coming: follow @JDSupraBuzz on Twitter»

JD Supra Morning Brief: BRAIN Initiative, Cyprus Bail-In, HIPAA Time Bomb, Cruel & Unusual Punishment

Can you believe there’s only five more days to do your taxes? Might as well get started… right after you read the JD Supra Morning Brief:

Universities need a top-to-bottom review of the America Invents Act to see how it impacts monetization of their R&D (Sterne, Kessler, Goldstein & Fox) 

About 70 percent of security breaches are committed by employees (both willing and unwilling) (Sheppard Mullin) 

President Obama unveiled his new BRAIN Initiative last week. Our question – how much did US taxpayers pay to come up with that name? (McDonnell Boehnen Hulbert & Berghoff) 

Banks in Cyprus were saved not by a bail-out, but by a bail-in (Harney Westwood & Riegels) 

Tick tock, tick tock – 89% of healthcare workers use their personal smartphones for work purposes, and that’s a HIPAA / HITECH time bomb waiting to explode… (BakerHostetler) 

“Well, your Honor, we’ve tried to serve process on these defendants in India via Federal Express and local courier with no luck.” “Did you try Facebook?” (Morrison & Foerster) 

Same-sex married couples must act now to protect their right to file an amended 2009 tax return should DOMA be overturned (Carlton Fields) 

A growing number of inmates are suing California counties for cruel and unusual punishment because they claim to have been deprived of basic medical and mental health care (Best Best & Krieger) 

Trying to keep your employees healthy with a wellness program? Be careful – the “tax liability” flu might be going around… (Ogletree Deakins) 

Good to know: merely using the US postal service when committing fraud may not automatically mean “mail fraud” has occurred (Morvillo Abramowitz) 

—- 

Follow @JDSupraBuzz on Twitter»

JD Supra Morning Brief: Working Interviews, Coercive Surveillance, Stealing Secrets, European Cybersecurity

The best remedy for the winter blahs? Why, it’s the JD Supra Morning Brief, of course:

University of Missouri School of Law professor Ben Trachtenberg considers “almost every day” filing legal ethics complaints against law schools for lying about student achievements (Bloomberg Law) 

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) 

Engineers convicted of stealing Goodyear trade secrets face ten years in prison (Burr & Forman) 

The proposed European Cybersecurity Directive is likely to pose significant compliance and regulatory hurdles for companies operating in the region (King & Spalding) 

New York City Mayor Michael Bloomberg has vetoed a bill that would prohibit businesses from discriminating against the unemployed. But that may not be the end of the measure (XpertHR) 

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

Should the FDA regulate laboratory-developed diagnostic tests? (Spoiler alert: the agency thinks yes) (Foley & Lardner) 

Federal cybersecurity regulations are beginning to take shape, but companies shouldn’t wait to act (Michael Volkov) 

—- 

Catch the @JDSupraBuzz on Twitter»

JD Supra Morning Brief: Cybersecurity Framework, Mark Zuckerberg, Contest Insurance, Student Records

Supercharge your morning with a jolt of law news - the JD Supra Morning Brief:

What can businesses do to respond to President Obama’s call for a cybersecurity framework? (Corporate Law Report) 

Mark Zuckerberg: entrepreneur, gazillionaire, CEO, subject of a judicial citation (Cullen & Dykman) 

Why is the owner of Gardiners Furniture in Baltimore happy? Because he bought contest insurance before giving away $600,000 worth of furniture in a Super Bowl promotion (Thompson Coburn) 

The Supreme Court is set to decide once and for all just what “clothes” are, exactly. Really. (XpertHR) 

Are digital communications between student and teacher part of student records as defined by federal law? What if they’re in the form of tweets, text messages, and the like? (Franczek Radelet) 

Shouldn’t we judge Mary Jo White by her professional record instead of the “side” she happens to be on at the moment? (Morvillo Abramowitz) 

Don’t believe everything you read: fake press release touting imaginary benefits of Actimmune leads to felony conviction for CEO and five-year suspension from Medicare, Medicare, and all other federal health care programs (Sheppard Mullin) 

Got questions about the E-2 Treaty Investor visa? We’ve got answers (Scott Legal Services) 

Outstanding in their field? This overview of oral arguments in Bowman v. Monsanto is a great read (McDonnell Boehnen Hulbert & Berghoff) 

MERS is back in the news again (Ballard Spahr) 

—- 

Follow us on Twitter: @JDSupraBuzz»

JD Supra Morning Brief: Cybersecurity Insurance, Home Office Deduction, Dodd-Frank, Mercury Levels

Maybe you’re working today, maybe you’re not. Either way, the JD Supra Morning Brief is waiting for you:

What to do if you’re involved in a federal criminal investigation? Good question, but the wrong one. You need to know what NOT to do (The Kaiser Law Firm) 

Cybersecurity insurance? Yep. But what type of coverage? (Gilbert LLP) 

The good news: the IRS simplified the home office deduction. The bad news? “Simple” is relative. But this update will help (Duane Morris) 

Healthcare organizations that do not learn from history are doomed to repeat it (BakerHostetler) 

Irony? Comedy? Tragedy? “GAO Is Unable To Quantify Costs And Benefits Of Dodd-Frank” (Leonard, Street and Deinard) 

Are regulatory efforts to lower mercury levels in the U.S. population working? (Pepper Hamilton) 

The EU wants to raise tax revenues by up to $47 billion per year with a tax on financial transactions. The US thinks it’s a bad idea (Shipkevich PLLC) 

Legislators in both houses have introduced bills that would allow the discharge of private student loan debt in bankruptcy (Dechert) 

Two recent NLRB decisions remind us what 12 months of invalid rulings would look like (Proskauer) 

Sun shines. Rain falls. Natural gas industry opposes FERC’s proposed new reporting requirements (Ballard Spahr) 

—- 

@JDSupraBuzz

JD Supra Weekend Reader: First to File, Human Trafficking, Love Contracts, Federal Crimes

To our friends and colleagues on the East Coast: this one’s for you. An extra-long JD Supra Weekend Reader to keep you company as you wait out the blizzard. Enjoy!

What the impending “first-to-file” change means to the U.S. patent system… (JD Supra) 

Take your picture? And we do mean “take”… (Greenberg Glusker) 

Manufacturers and retailers in California: take heed. The state’s law to prevent slavery and human trafficking in supply chains is in effect, and that means public disclosure of your efforts (Duane Morris) 

Make sure you do your anti-corruption homework when evaluating an acquisition… (Skadden) 

Is immigration reform finally going to change from a dream to reality? (Is That Legal?) 

Harassment claims, fraternization policies, love contracts. Oh, isn’t Valentine’s Day the most romantic time of year at the office? (Ogletree Deakins) 

What do YOU see when you look at Lance Armstrong? (Morvillo Abramowitz) 

What to do if you’re accused of a federal crime? (The Kaiser Law Firm) 

Russia’s Federal Antimonopoly Service approved Rosneft’s $5 billion acquisition of TNK-BP (King & Spalding) 

Canada is cracking down on foreign corruption and bribery. Hard (Bennett Jones) 

Sex Pistols + IP law? You bet (Loeb & Loeb) 

Let the sun shine in … on the healthcare industry (Leonard, Street and Deinard) 

Do you record customer calls for training and quality control? Listen up… (Perkins Coie) 

“LOL, this ‘expert witness’ is putting me to sleep” – what are courts doing about social media use by sitting jurors? (Holland & Knight) 

After Canning, what’s next for the National Labor Relations Board? (Small Business Support) 

A new Siemens whistleblower complaint accuses “senior executives, compliance officers, and legal officers” of ignoring anti-corruption controls (Sheppard Mullin) 

The Department of Justice doesn’t want New Jersey to implement its sports betting law (Ifrah Law) 

“Do not contact the media” and other workplace policy language that violates the National Labor Relations Act (FordHarrison) 

It’s estimated that 63% of the workforce will telecommute by 2016. That’s a lot of potential legal pitfalls for employers… (Fisher & Phillips) 

Kim Dotcom’s new “sharing” website Mega? It’s already received a host of copyright infringement warnings… (Baldwins) 

The Federal Trade Commission has issued a “first-of-its-kind” study of debt buyers (Ballard Spahr) 

—- 

Want more? You know where to find us»

JD Supra Morning Brief: Canada’s Foreign Corruption Law, California High-Speed Rail, FDA Combination Products Rule, Juror Use of Social Media

Coffee too hot? Eggs too runny? Toast burnt? Relax and read the JD Supra Morning Brief. You’ll feel much better:

Transaction monitoring is the new black for FCPA compliance programs (Thomas Fox) 

Canada is cracking down on foreign corruption and bribery. Hard (Bennett Jones) 

Still on the fence about submitting comments to the draft Third National Climate Assessment Report? This may help convince you (McCarter & English) 

Good manufacturing practice requirements for products that combine drugs, medical devices, biological products, and/or human cell and tissue products? There’s an FDA rule for that… (King & Spalding) 

Sex Pistols + IP law? You bet (Loeb & Loeb) 

Let the sun shine in … on the healthcare industry (Leonard, Street and Deinard) 

Residents of California’s Merced, Madera, Fresno, Kings, Tulare, and Kern counties might want to check if their land is in the path of the recently approved high-speed rail project… (Miller Starr Regalia) 

Do you record customer calls for training and quality control? Listen up… (Perkins Coie) 

What do the new HIPAA Omnibus Regulations say about genetic information? (Ogletree Deakins) 

“LOL, this ‘expert witness’ is putting me to sleep” – what are courts doing about social media use by sitting jurors? (Holland & Knight) 

—- 

Follow @JDSupraBuzz on Twitter»

JD Supra Weekend Reader: Unpaid Internships, Stealing Secrets, EEOC Priorities, The Batmobile

“Everybody’s working for the weekend…” Is it possible that Loverboy knew more than 30 years ago we’d be putting out the JD Supra Weekend Reader? We like to think so…

The Corp Law Report - it even has a section we like to refer to as “speed dating for executives…” Really. (JD Supra Contributors)  

This update from the archive has been very popular on the site as of late. That doesn’t mean you can ask your intern to print out and read it to you… (Dinsmore & Shohl) 

Don’t want your employees to get away with stealing trade secrets? Have a data-use policy… (Cohen & Gresser LLP) 

Dot .oops? ICANN faces multiple antitrust and IP lawsuits just as the regulator plans to roll out new generic Top Level Domains… (Loeb & Loeb LLP) 

Reading the employment law tea leaves is risky business – but that doesn’t stop Dan Schwartz (Pullman & Comley) 

What do workplace discrimination, immigrant and migrant worker issues, emerging areas of law (like ADA, pregnancy accommodations, and LGBT discrimination), compensation, and harassment have in common? They’re all EEOC priority enforcement areas (Chai Feldman) 

“Pollutant” is a statutorily defined term that does not include stormwater. So butt out, EPA (JD Supra Contributors) 

It’s everything you need to know about the commercial risks and rewards of social media: a 134-page legal guide for global businesses (Reed Smith) 

Holy copyright law, Batman – they’re fighting over your Batmobile (Winthrop & Weinstine) 

The US government may be resurrecting the use of the “Park Doctrine” to prosecute violations of the Food, Drug, and Cosmetics Act (Duane Morris) 

A debt collection law firm will pay $30,000 to settle DOJ charges it violated the American Disabilities Act by refusing to make accommodations for two deaf individuals (Ballard Spahr) 

Survey says: mobile apps often collect and share children’s private information without adequate disclosures (just ask the FTC) (Pepper Hamilton) 

Corporate execs: if you’re not losing sleep over data privacy and security, well, you probably should be… (Michael Volkov) 

Dear Health Care Provider: follow these five steps for managing the use of mobile devices by employees. Signed: your patients’ protected health information (Proskauer) 

FTC ends antitrust investigation of Google with a “slap on the wrist” (Skadden Arps) 

The US Small Business Administration amended regulations governing eligibility for the Small Business Innovation Research and Small Business Technology Transfer Programs (Mintz Levin) 

—- 

Enjoy your weekend! 

@JDSupraBuzz