1. Most-Viewed Law News & Analysis on JD Supra - Sept 2012

    The NLRB’s recent decision regarding Costco’s social media policy made big news last month, but it wasn’t the only item capturing readers’ attention on JD Supra.

    Global employment issues, renewable energy, Louboutin’s red sole, data breaches, dogs in the workplace, the gift tax exemption, China’s minerals, healthcare privacy, protected panties, and more … here’s a quick look at some of the most-viewed updates, blog posts, articles, and videos on JD Supra for last month:

    1. Baker & McKenzie: The Global Employer: A Primer On International Labor and Employment Issues - Baker & McKenzie Australia
    2. How a Retirement Plan Financial Advisor Can Stand Out From the Crowd - The Rosenbaum Law Firm
    3. Patient Concerns Make Social Media Even Trickier for Healthcare Employers - Constangy, Brooks & Smith LLP
    4. Florida Court: Lawyers And Judges Should Not Be Facebook Friends - Bilzin Sumberg
    5. California Senate Passes Social Media Privacy Bill - XpertHR
    6. Protecting Users’ Rights to Free Expression and Preparing for the Extremely Exceptional Circumstance - Foley Hoag Corporate Social Responsibility
    7. Failure to Extend the Renewable Energy Production Tax Credit: Will It Send Wind Energy Investors Packing for Opportunities Abroad? - K&L Gates
    8. NLRB to Costco: Your Social Media Policy Needs a Do-Over - Mintz Levin Privacy & Security
    9. DOJ/FTC Ask if MFNs Are Anti-Competitive, and Get an Earful - Skadden Arps
    10. Second Circuit Reverses Louboutin on Protection of Fashion Color Trademarks - Foley & Lardner
    11. NLRB Publishes First Social Media Decision; Applies Prior GC Memos - Ballard Spahr LLP
    12. NLRB Weighs In On Social Media Policies - Miller Canfield
    13. Data Breach - What are the Risks to My Company? - Jaburg Wilk
    14. Baker & McKenzie: Intellectual Property (Streamline) - September 2012 - Baker & McKenzie Australia
    15. The NLRB Issues Its First Ruling Striking Down An Employer’s Social Media Policy - Fox Rothschild
    16. Porn Parody or Infringing Pun? Ben & Jerry’s Brings Trademark Action Against “Porno’s Finest,” Ben & Cherry’s - Foley Hoag Trademark, Copyright & Unfair Competition
    17. Dogs in the workplace: What every business owner needs to know - Bernstein Shur
    18. Employers Law Update - Employers Beware: NLRB Challenges Established HR Practices - Nexsen Pruet PLLC
    19. China To Cut Production Of Rare Earth Minerals By 20 Percent, Threatens U.S. Manufacturing - King & Spalding
    20. City of Paris ordered to pay for reverse domain name hijacking in groundbreaking decision - Looper Reed
    21. $5,120,000 Lifetime Gift Tax Exemption Expiring Soon - Loeb & Loeb LLP
    22. [Video] Consultant: Law Firm Revenues & Profits Dropping, Layoffs Ahead - Bloomberg Law
    23. Who owns inventions by employees? - McAfee & Taft
    24. You Want Hantavirus With That View? Contagion Clouds the Air at Yosemite - McCarter & English
    25. Panties: 1, Fair Use Doctrine: 0 - Greenberg Glusker

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  2. Top Searches on JD Supra This Week

    For your interest, a look at some of the top searches on JD Supra this first week in September:

    1. Gift Tax Exemption
    2. Medical Loss Ratio Rebates
    3. Conflict Minerals
    4. Louboutin
    5. Hostess Brands
    6. Akamai McKesson
    7. FATCA
    8. Global Intellectual Property Litigation
    9. Sequestration Transparency Act
    10. Economic Espionage

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  3. Most-Viewed on JD Supra - Aug 2012

    [From law firm Dechert LLP, the most-viewed JD Supra video last month, on cybersecurity and data privacy…]

    For your reference, a look at some of the most viewed updates and videos on JD Supra for last month. With an impressive showing of three updates by Baker & McKenzie Australia:

    1. Government Procurement in the Health Sector under the Australia – United States Free Trade Agreement (FTA) - Baker & McKenzie Australia
    2. Let It Slide: Copyright Infringement On Pinterest - Winthrop & Weinstine, PA
    3. [Video] Cybersecurity and Data Privacy: Big Data and the Law - Dechert LLP
    4. $5,120,000 Lifetime Gift Tax Exemption Expiring Soon - Loeb & Loeb LLP
    5. Mayor Bloomberg and Rupert Murdoch tout benefits of a liberal immigration policy to the U.S. economy - Mintz Levin Immigration
    6. 9 Things That Financial Advisors to 401(k) Plans Can Actually Use - The Rosenbaum Law Firm PC
    7. [Video] Standard Chartered and the Release of Attorney Client Privileged Information - Thomas Fox
    8. The North Face Moves for Contempt Against “THE SOUTH BUTT” Defendants Over New Trademark “THE BUTT FACE” - Foley Hoag LLP
    9. ‘AT&T Mobility’ May Have Big Impact on Employment - Sheppard Mullin
    10. Will The Chick-Fil-A Youtube Firing Pass Legal Muster? - Constangy
    11. 9th Circuit’s POM Wonderful Ruling Could Influence Food Class Actions - Morrison & Foerster LLP
    12. Just Because You Can Copy It Does Not Mean That You May Copy It - Mintz Levin Intellectual Property
    13. Why Every Employer Needs a Social Media Policy - Jaburg Wilk
    14. Baker & McKenzie: Are you looking to co-invest in Australian property? - Baker & McKenzie Australia
    15. Social Media in the Workplace - July 2012 - Snell & Wilmer LLP
    16. Federal Circuit Invalidates Computer-Based Patent Claims - Patton Boggs LLP
    17. Medical Loss Ratio (MLR) Rebates: Employer Obligations Under ERISA - Akerman Senterfitt
    18. Navigating Health Care Reform: Health Care Reform’s New Research Fees: What Employers Need to Know - Snell & Wilmer LLP
    19. Reducing the burden on business – changes to employment law in the UK? - Morgan Lewis
    20. NLRB Ruling on Confidentiality Directives Impacts All Employers - Lowenstein Sandler PC
    21. E-Discovery Landmark Decision For NC: Attorney-Client Privilege Waived In Electronic Discovery Production - Brooks Pierce
    22. What Does The Flap Over Romney’s Tax Returns Suggest About Disclosure of His Swiss Account? - Morvillo Abramowitz
    23. First State HIPAA Enforcement Action against a Business Associate Returns $2.5 Million Payout - Poyner Spruill LLP
    24. Affordable Care Act Health Insurance Premium Rebates - Loeb & Loeb LLP
    25. Baker & McKenzie: Geothermal Outlook in the Region - Asia Pacific: A Hotbed of Development - Baker & McKenzie Australia

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  4. Weekend Reading: A Labor of Love

    In honor of the holiday weekend, we’ve - ahem - labored over a list of some of the advisories and updates found in our numerous Labor & Employment sub-categories. Enjoy:

    - Labor, Employment, and Military Law»

    - Labor, Employment, and Civil Rights»

    - Labor, Employment, and Technology Issues»

    - Labor, Employment, and Bankruptcy»

    - Labor, Employment, and Intellectual Property»

    - Labor, Employment, and Health Law»

    - Labor, Employment, and Alternative Dispute Resolution»

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    Did you know that you can narrow down all of the law feeds on JD Supra by sub-topics? Great way to drill down on a specific angle for a legal subject - or geek out on legal info if you’re so inclined - as we’ve done for you. Have a great weekend!

    Additional Labor & Employment advisories on Twitter»

  5. Lunchtime Buzz: Poker is Not Gambling, CA Non-Competes, Spying on Employees, FTC Settlements…

    Here’s a quick lunchtime look at what’s hot on JD Supra this last Monday in August, 2012. Birdsong:

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    Additional buzz on LinkedIn or Twitter»

  6. USPTO Issues Final Rules for the America Invents Act

    Earlier this month, the U.S. Patent and Trademark Office published a set of final rules implementing various provisions of the America Invents Act that go into effect on September 16, 2012. 

    For your reference, here’s a look at five key provisions:

    1. Supplemental examination procedures:

    “The new supplemental examination procedures set forth in 35 U.S.C. § 257 provide that a patentee may request supplemental examination of a patent to “consider, reconsider, or correct information believed to be relevant to the patent.” Only the patent owner may request a supplemental examination. The primary goal of the supplemental examination is to provide patentees with an alternative to litigating inequitable conduct allegations” (Bracewell & Giuliani) 

    2. Third party submissions of prior art:

    “On September 16, 2012, final rules issued by the U.S. Patent and Trademark Office that implement provisions of the Leahy-Smith America Invents Act related to preissuance submissions by third parties become effective. The rules modify existing practice by allowing third parties to submit documents with a concise description of relevance of each document submitted in the same or greater time period than previously allowed. The rules, once effective, apply to any application filed before, on, or after September 16, 2012.” (Venable) 

    3. Inter partes review of patents:

    “Inter partes reexamination of patents will be replaced by inter partes review. Inter partes review (IPR) is similar to the inter partes reexamination that it replaces but has some notable differences. A third-party—not patentee—may file an IPR after nine months from grant of any patent (regardless of filing date) or after a post grant review (PGR) is terminated. The IPR request must establish a ‘reasonable likelihood that the requester would prevail with respect to at least one of the claims challenged.’” (Patton Boggs) 

    4. Inventor oath upon application:

    “Under the final rules, any person to whom the inventor has assigned the invention, or who otherwise shows sufficient proprietary interest in the matter, may file an application for a patent. The most significant change in the final rules is who can be considered an applicant… For an assignee or obligated assignee filing the application as the applicant, the final rules provide that the documentary evidence of ownership should be recorded no later than the date the issue fee is paid in the application. Notwithstanding, the inventors must execute an oath or declaration in the application.” (White & Case) 

    5. Post-grant review of certain business method patents:

    “Perhaps the post-grant proceeding to be employed most initially will be the post-grant review for covered business method patents. The proceeding may provide the most petitioner-friendly avenue for challenging a patent of all the other post-grant proceedings. In addition to patents and printed publications, review under this proceeding may also be instituted based on evidence of knowledge or use prior to the alleged invention, thereby expanding the universe of eligible prior art compared to inter partes review.” (Morrison & Foerster) 

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    Read the updates:

    • New America Invents Act Provisions Set to Become Effective in September 2012 - Bracewell & Giuliani LLP 

    • USPTO Unveils Final Rules for the America Invents Act - White & Case LLP 

    • USPTO Issues Rules Implementing America Invents Act - Venable LLP 

    • Fast and Furious (Toward Patents): USPTO Issues Final Post-Grant Rules - Morrison & Foerster LLP 

    • Proposed First-to-File Rules and Examination Guidelines Open for Comment - Kilpatrick Townsend 

    • Important Provisions of The America Invents Act Take Effect in September -Patton Boggs LLP 

    • Final Rules Published - Pillsbury Winthrop Shaw Pittman LLP 

    • USPTO Issues Final Rules: Citation of Prior Art and Written Statements in a Patent File – Venable LLP 

    • USPTO Issues Final Rules: Definitions for the Transitional Program for Covered Business Method Patents – Venable LLP 

    • USPTO Issues Final Rules: Inventor’s Oath or Declaration – Venable LLP 

    • USPTO Issues Final Rules: Preissuance Submissions by Third Parties – Venable LLP 

    • USPTO Issues Final Rules: Supplemental Examination, Inter Partes Transition Rules, and Post-Grant Proceedings – Venable LLP 

    • USPTO Issues Several Final Rules for Implementing AIA Provisions – McDonnell Boehnen Hulbert & Berghoff LLP 

    • America Invents Act Implementation: Countdown To First-To-File - Dickinson Wright 

    • USPTO Issues Final Rule to Implement Miscellaneous Post Patent Provisions of AIA - McDonnell Boehnen Hulbert & Berghoff LLP 

    • Final rules on Changes to Implement Miscellaneous Post Patent Provisions of the AIA - Pillsbury Winthrop Shaw Pittman LLP 

    • AIA Rules Going Into Effect September 16, 2012 - McDonnell Boehnen Hulbert & Berghoff LLP 

    • Patent Reform Act: Implications For Your Business - Snell & Wilmer L.L.P. 

    • USPTO Issues Final Rule for Implementing Statute of Limitations Provisions for Office Disciplinary Proceedings - McDonnell Boehnen Hulbert & Berghoff LLP 

    • USPTO Publishes Final Rules for Preissuance Submissions - Jeffrey Sheldon 

    • USPTO Releases Proposed First-Inventor-to-File Rules and Examiner Guidelines - Morrison & Foerster LLP 

    • USPTO Issues Final Rule for Preissuance Submissions - McDonnell Boehnen Hulbert & Berghoff LLP 

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  7. Lunchtime Buzz: First Whistleblower Bounty, USPTO Trials, DNA Patents, Mobile Tracking, Fulltilt Poker…

    For your reference a quick look at some of what’s hot this Wednesday lunchtime. From the tweet stream:

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  8. Follow This: 3 New Twitter Law Feeds

    File under: for the birds.

    Three new law news feeds for you on Twitter. Follow each of these below for daily, on-topic analysis, commentary, and updates from leading lawyers and law firms:

    1. The FCC Watch:

    2. Mortgage Law News:

    3. THE FDIC Watch:

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    An expanded list of our law news Twitter feeds available here»

  9. Cybersecurity Act Fails in Senate

    Earlier this month, the Cybersecurity Act of 2012 – intended to “enhance the security and resiliency of the cyber and communications infrastructure of the United States” according to its sponsors – failed to pass the U.S. Senate.

    And, as law firm Mintz Levin reports, “It is unlikely that cybersecurity legislation will reappear before the election.”

    Colin O’Keefe of LXBN TV talked with Stewart Baker, Steptoe & Johnson partner who was the former general counsel of the National Security Agency and the first Assistant Secretary for Policy at the Department of Homeland Security, about why the bill failed and what could happen as a result. 

    Baker’s view? The U.S. has opened itself up to a host of vulnerabilities:

    • “We could find ourselves losing, at the hands of a hostile power – and it doesn’t have to be a big one – losing access to power, to natural gas, to refineries, to water and sewage [systems].”

    • “All of those things run on industrial control systems that were never secured… Foreign governments seek that vulnerability … and will use it to attack us.”

    • “We could find ourselves at a big disadvantage, hurt at home … in a way we haven’t been since, well since Pearl Harbor.”

    [Link: Stewart Baker, Former GC of NSA, on Why the Cybersecurity Act Failed & Threat of Tomorrow’s Terrorism] 

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    Read the updates:

    • Cybersecurity Act of 2012 Fails in Senate — ”A moment of disappointment…” - Mintz Levin 

    • When cyber-threat protection and privacy concerns collide – McAfee & Taft 

    • Cyber Legislation Outlook: What Companies Should Monitor as Congress Considers Cybersecurity Legislation - McKenna Long & Aldridge LLP 

    • Cybersecurity Policy Developments: Pending Legislative Action in the House; China as a Network Security Concern - Skadden, Arps, Slate, Meagher & Flom LLP 

    • House Passes Cyber Intelligence Sharing Bill With Substantial Industry Support, But Veto Threat Looms - Davis Wright Tremaine LLP 

    • Cyber Intelligence Sharing and Protection Act Bill Passes House - Scott & Scott, LLP 

    • EPIC Urges Senate to Safeguard FOIA for Cybersecurity - Electronic Privacy Information Center 

    • Cybersecurity Act of 2012 Introduced - Morgan Lewis 

    • Legislative Update – Cybersecurity - Mintz Levin 

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    Find more cybersecurity law news on JD Supra»

  10. Most-Viewed on JD Supra - July, 2012

    For your interest, here’s a look at some of the most-viewed law firm updates and advisories on JD Supra for the past month:

    1. FFIEC Issues Statement on “Cloud Computing” Risk Management - Davis Wright Tremaine 
    2. Patients adopting mobile health faster than doctors - Fenwick Life Sciences Group
    3. Senator Grassley Lifts Hold on Chaffetz Bill - Davis Brown
    4. Mobile Marketing Class Action Litigation 2.0: Enterprising Plaintiffs’ Lawyers Assert Novel Class Claims Under the TCPA - Sedgwick
    5. Social Media Policies and Enforcement Risks - Mike Volkov
    6. Why Retirement Plan Financial Advisors Should Care Who Their Client’s TPA Is - Rosenbaum Law Firm
    7. “When Did You Last Think About Your Privacy Policy?” FTC and Class Action Plaintiffs Take Aim in Data Breach Actions - Loeb & Loeb
    8. Q&A on the U.S. Supreme Court’s Decision on Healthcare Reform - Looper Reed
    9. Advanced Copyright Issues on the Internet - July 2012 - Fenwick & West
    10. Social Media and the Law: An In-Depth Look - Constangy, Brooks & Smith
    11. The Dangers of Misclassifying Landmen: Is The Government’s New Settlement Program Too Good To Pass Up? - Looper Reed
    12. FFIEC Statement on Outsourced Cloud Computing - White & Case
    13. Borrower May Sue Over Lender’s Failure To Contact Prior to Foreclosure, California Appellate Court Rules - Ballard Spahr
    14. Hershey Thinks Outside the Box (or the Candy Wrapper) in Seeking Trademark Protection for a Product Shape - Mintz Levin
    15. The Social Media Experiment: Challenges for Broker-Dealers and Investment Advisers - Morrison & Foerster
    16. In Effort to Extradite UK Man in Piracy Case, DOJ Is Overreaching - Ifrah Law
    17. Copyright Infringement: A Worldwide Update - Baldwins IP
    18. Study Finds That Foreign-Born Inventors Play Prominent Role at Top U.S. Patent-Producing Universities - McDonnell Boehnen Hulbert & Berghoff
    19. Baker & McKenzie: Mergers & Acquisitions Series 2012 - Managing risk in M&A transactions (Presentation) - Baker & McKenzie Australia
    20. The Supreme Court Ruled on Health Reform – Now What is an Employer to Do? - Saul Ewing
    21. Is Obesity A Disability Under The New ADA? Probably. - Constangy, Brooks & Smith
    22. Criminal Court of New York City Holds That Tweets Are Public Information and Can Be Subpoenaed - Katten
    23. $30,000 Personal Fine for Construction Supervisor who Violated Known Work Procedure - Fraser Milner Casgrain
    24. Changes to New Hampshire Non-Compete Law - Sheehan
    25. Sustainable Real Estate and the Green Agenda: A Conversation - K&L Gates

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