1. JD Supra Morning Brief: Argentina Opportunities, EU Trademarks, Animal Drugs, Human Rights

    What’s more fun than a barrel full of monkeys? A JD Supra Morning Brief full of law news!

    Bankruptcy judge suggests there’s a way to get around a Congressional prohibition on bonuses and severance pay for management of companies in Chapter 11… (Bloomberg Law) 

    Argentina may offer significant business opportunities, but not for the faint of heart… (Manatt, Phelps & Phillips) 

    Want to hire current or former government employees? Tread carefully… (Morrison & Foerster) 

    The rules for doing business in the United States just got easier to understand (Pillsbury) 

    The European Commission wants to make trademark registration in the EU cheaper, quicker, more reliable, and more predictable (McDermott Will & Emery) 

    There’s a tax storm brewing for cloud-service providers (Carr McClellan) 

    South Korea’s antitrust watchdog continues its investigation of the country’s steelmakers (Foley & Lardner) 

    One reason the FDA cannot regulate the compounding of animal drugs from bulk ingredients? Because “Congress will not hide an elephant in a mouse-hole” (Duane Morris) 

    Exactly which banks are too big to fail? Don’t ask the FDIC… (Leonard, Street and Deinard) 

    When foreign companies commit human rights violations in foreign lands, can they be held accountable in U.S. courts? Not anymore… (Is That Legal?) 

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    Find additional legal updates throughout the day on Twitter: @JDSupraBuzz»

  2. 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) 

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  3. JD Supra Morning Brief: Online Civility, Child Abductions, Tweeting CEOs, Terrorism Insurance

    “April is the cruelest month,” wrote T.S. Eliot. But that’s probably because he didn’t read the JD Supra Morning Brief, guaranteed to brighten up any April morning:

    Think we need more civility in online communications? So does Andrea Weckerle (Levick) 

    What can schools do to protect students against child abductions? (Fisher & Phillips) 

    The number of FCPA enforcement actions in 2012 was just over 50% of those in 2011 – but that doesn’t mean the feds are losing steam… (Venable) 

    The SEC just let corporate communications move into the 21st century (Corporate Law Report) 

    That darn Commerce Clause is back in the news again thanks to a New York Court of Appeals ruling that Amazon, Overstock.com and other online retailers have to pay sales tax in the state… (Partridge Snow & Hahn) 

    No more National Security Letters for you, Special Agent… (Pullman & Comley) 

    Can you stop at Target on the way home and pick up some pure honey? Yes and no… (Morrison & Foerster) 

    Yes, the SEC took a big step forward by when it gave AngelList and fundersclub.com a pass on broker-dealer registration. No, it does not mean you can raise money via Facebook yet (Looper Reed) 

    Balancing the rights of transgender students and the rest of the student population means new and unfamiliar challenges for school administrators (Franczek Radelet) 

    Terrorism insurance? Yep… (Dechert) 

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    Looking for more? You’ll find it on Flipboard»

  4. JD Supra Morning Brief: Encryption, Bitcoin, NASDAQ, First Sale

    Damn you, Puxatawney Phil! It’s been more than six weeks! At least we have the JD Supra Morning Brief to keep us warm:

    New math for businesses: (data breaches * BYOD policies) + encryption = a good night’s sleep (Fenwick & West) 

    Bitcoin may be virtual currency, but it is still subject to real anti-money laundering laws (Ifrah Law) 

    Listed on NASDAQ’s market of unlisted companies? Don’t laugh – it could happen (Holland & Knight) 

    The total value of mobile payments is expected to hit $1.3 trillion in 2017 (MoFo Tech) 

    ICANN’s new generic Top-Level Domains may become a free-for-all, but it will be anything but free… (Lane Powell) 

    Eagle v. Edcomm: The Sequel. Or why all companies need to set clear rules regarding ownership of company-related social media accounts (Mintz Levin) 

    You still can’t judge a book by its cover, but if you buy the book outside the US, you can now sell it without breaking intellectual property laws (Baker Donelson) 

    Estate planning the 21st Century: cover your digital ass(ets) (Is That Legal?) 

    Want to invest in the U.S. AND save money on your taxes? Like farms and forests? We’ve got just what you need (Gerald Nowtny) 

    What do we want? A Jersey wind project! When do we want it? Now! (McCarter & English) 

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    @JDSupraBuzz

  5. JD Supra Morning Brief: Godzilla, Google, Shark Wrestling, Fresh Starts

    Trudging out to the curb every morning to pick up your JD Supra Morning Brief is so 2012… Sign up here to get it delivered right to your inbox: 

    Waiting for Godzilla, Diamonds are Forever, and Long Tall Sally to enter the public domain? Have a seat – it’ll be a while… (Bloomberg Law) 

    Collecting info from unsecured wireless networks across the country while taking pictures for Street View costs Google $7 million (Ifrah Law) 

    This is either the title of a new children’s book or valuable advice on keeping your job: “Don’t Wrestle a Shark While on Holiday in Australia” (Orrick) 

    Filing personal bankruptcy? You’ll want to know the difference between Chapter 7 and Chapter 13 (John Skiba) 

    Need a Fresh Start? The Internal Revenue Service might be the place to look (Duane Morris) 

    Wait – Facebook is fighting to keep user data private? Yep, but not for the reasons you might think… (Morrison Foerster) 

    Kivalina, the Alaska village that has spent five years suing energy companies for their role in the global warming that is inundating the town, has appealed its case to the Supreme Court (McCarter & English) 

    Got questions about Brazilian labor and employment law? We’ve got answers (Proskauer) 

    Anonymous whistleblowers who report corporate misconduct to the SEC create special challenges for the companies accused of wrongdoing (Morvillo Abramowitz) 

    Worried about food safety? You’re not alone (Is That Legal?) 

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    See trending law news and updates throughout the day: @JDSupraBuzz on Twitter»

  6. JD Supra Morning Brief: HJ Heinz, Consumer Fraud, Animal Testing, Buy American

    Sudoku, crossword puzzles, KenKen, ha! Be the first on the bus to take the JD Supra Morning Brief’s True or False quiz instead. And when you’re done, send us an email with your T/F answers and you might win a JD Supra hoody! 

    We’ll pick five people at random from emails we get with correct answers, so be sure to include your name, address, and jacket size. And while you’re at it, let us know what’s working, what topics you’d like to see covered. Feedback welcome…

    T or F? The acquisition of H.J. Heinz by Berkshire Hathaway and 3G Capital took less than two months to come together (Bloomberg Law) 

    T or F? Consumer fraud was the top complaint logged in the FTC’s Consumer Sentinel Network database in 2012 (Foley & Lardner) 

    T or F? Richard Cordray, nominated by President Obama to be Director of the Consumer Financial Protection Bureau, was put through the wringer at his Senate Banking Committee hearing (Ballard Spahr) 

    T or F? Large employers must provide minimum essential healthcare coverage to at least 85% of full-time employees and their dependents to avoid paying under “pay-or-play” rules of the Affordable Care Act (Leonard, Street and Deinard) 

    T or F? The nation’s biggest banks continue to avoid disclosure of data security risks and breaches in public SEC filings (Mintz Levin) 

    T or F? The first mandatory recall made by the FDA under the authority of the Food Safety Modernization Act was issued for pet treats (Morgan Lewis) 

    T or F? The National Labor Relations Board will petition the Supreme Court for review of the DC Court of Appeals ruling in Noel Canning v. NLRB (JD Supra Contributors) 

    T or F? Implementation of Europe’s total ban on animal testing of cosmetic products was delayed for 90 days from its planned March 11, 2013 start (K&L Gates) 

    T or F? Commissions paid to an independent sales representative hawking medical equipment violate the federal anti-kickback statute (BakerHostetler) 

    T or F? Canada is fighting the U.S. “Buy American Act” via the Trans-Pacific Partnership trade negotiations in Singapore (King & Spalding) 

    T or F? Shoppers in Los Angeles County have to pay a 10¢ tax on every paper carryout bag they receive from retailers (Kronick Moskovitz Tiedemann & Girard) 

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    You’ll find more law news on Twitter @JDSupraBuzz»

  7. JD Supra Morning Brief: I-9 Forms, Attorney-Client Privilege, Huffington Post, Environmentally Friendly

    The answer to the question on everyone’s mind: New Zealand entomologist George Vernon Hudson. 

    Companies should take cybersecurity into their own hands if they want to protect themselves. Sooner rather than later… (Bloomberg Law) 

    The new I-9 form is here. Have you switched over? (JD Supra Contributors) 

    Lawyer learns the hard way that attorney-client privilege doesn’t apply to conversations with friends who are lawyers (Burns & Levinson) 

    Did Arianna Huffington and Kenneth Lerer steal the idea that became The Huffington Post? (Sheppard Mullin) 

    Plan to borrow money from family and friends to get your startup off the ground? Read this first (Scott Legal Services) 

    Are your products truly “environmentally friendly”? You might want to double-check before the FTC does it on your behalf… (Loeb & Loeb) 

    Ziff! Bam! Pow! Zing! Superheroes take the fight against evil to the intellectual property courtroom… (Foley Hoag) 

    The Fort Collins City Council has given final approval to a ban on fracking within city limits, setting up a legal battle with the state of Colorado (BakerHostetler) 

    New protections for government contractors and subcontractors who blow the whistle go into effect on July 1, 2013 (Morgan Lewis) 

    The Supreme Court may overturn the Defense of Marriage Act, but they’re certainly not going to do it before April 15. Here’s what same-sex couples need to know now about filing taxes (Baker Donelson) 

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    @JDSupraBuzz

  8. 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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  9. JD Supra Morning Brief: California Rainwater, Wrinkle Cream, Office Romance, AIG Secrets

    Email delivery of the JD Supra Morning Brief is but a click away. So what are you waiting for? 

    Never a dull moment in the legal profession. Especially in 2013… (Bloomberg Law) 

    Drink up, California! New law allows CA residents to capture and use rainwater collected on rooftops (Brownstein Hyatt Farber Schreck) 

    Neutrogena wipes out wrinkle-cream false advertising lawsuit (Morrison & Foerster) 

    Pretending that office romances don’t exist – even if forbidden by workplace policies – won’t make the liabilities they can create go away… (Foley & Lardner) 

    Energy is no longer a “zero-sum game” of Clean versus Dirty… (Mintz Levin) 

    Franchising is hot. Here’s what you should know to keep from getting burned (Nexsen Pruet) 

    Can you keep a secret? If you’re the AIG consultant hired to report on the insurer’s transactions policies and procedures in connection with a 2004 SEC settlement, the answer is “yes” (Orrick) 

    Filing your 2013 SEC reports? Don’t overlook these new requirements (Holland & Knight) 

    Bank of America’s $8.5 billion settlement related to Countrywide’s mortgage abuses could get bigger… (Bilzin Sumberg) 

    Is the California Franchise Tax Board trying to drive startups out of the state? (Reed Smith) 

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  10. JD Supra Morning Brief: Standard-Essential Patents, Mobile App Privacy, Debt Collector Licenses, Mary Jo White

    We’ve got good news and bad news. Bad news first: it’s not Friday. It’s Thursday. Good news? Well, that’s obvious: it’s the JD Supra Morning Brief. Happy to have you with us:

    What do California real estate developers think the market will do over the next three years? Watch… (Allen Matkins) 

    Think the competition is infringing your standard-essential patent? You might want to think twice before suing… (Skadden) 

    The Affordable Care Act deadline for notifying employees about Health Care Exchanges has just been postponed (BakerHostetler) (Miller Canfield) 

    See what you’ve started, Kamala Harris? Legislation intended to standard mobile app privacy policies is being reviewed in the U.S. House of Representatives (Carlton Fields) 

    The City of Chicago is now requiring debt collectors to obtain a Regulated Business License (BuckleySandler) 

    Will online gambling hit the jackpot in 2013? (Dickinson Wright) 

    You might say that legislators who want to reform the taxation of certain financial instruments and products are in Camp’s camp… (Sutherland Asbill & Brennan) (McDermott Will & Emery) 

    “Mary Jo White will bring a level of judgment and expertise in evaluating enforcement proceedings that few can claim to match” (Morvillo Abramowitz) 

    Can employers terminate a worker who requests FMLA leave? Under the right circumstances, yes (Bradley Arant Boult Cummings) 

    Dish Network has got ABC, CBS, Fox, and NBC hopping mad… (Foley Hoag) 

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