1. JD Supra Morning Brief: Google Books, Champagne Trademark, Malware Alert, Hip Implants

    50 years ago today, the first push-button telephone went into service. Last month, Samsung released a curved screen smartphone. Any guesses as to how we’ll be communicating in 2063?

    What you need to know when launching your new website… (Jaburg Wilk

    How’s this for a judicial ruling: “Google books … advances the progress of the arts and sciences… Indeed, all society benefits”… (Mitchell Zimmerman at Fenwick & West

    Is Beverly Hills 90H20 really the “Champagne of Water”? Not any more… (Tim Sitzmann at Winthrop & Weinstine

    Do the math: “twenty years” is actually “six years” for contractors and manufacturers in North Carolina… (Mary Kathryn “Katie” King at Spilman Thomas & Battle

    There’s a new malware in town, and CryptoLocker sure looks nasty… (Erick Russell at Pullman & Comley

    Johnson & Johnson plans to offer $4 billion to end 7,500 DePuy hip implant lawsuits… (Case Funding Inc.

    This is what retaliation against employees looks like… (Smith Anderson

    The county’s financial watchdog wants everyone who collects debt to follow the same rules… (Sherwin Root at Sheppard Mullin

    When sentencing defendants, judges must follow the guidelines in effect when the crime was committed… (Griffin Finan at Ifrah Law

    Plenty of lessons for PhD students here… (Danielle Dietrich at Tucker Arensberg

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  2. Popular Reads on JD Supra Last Week

    Chew on this - a quick recap of popular reads on JD Supra last Monday through Friday. Good work by smart folks:

    1. 10 Ways HR Departments Violate the Law Without Realizing It (And What To Do About It)
    2. Legal Resource Guide for Startup Entrepreneurs
    3. California School District Enacts Social Media Surveillance To Counter Cyber Bullying
    4. [Video] FCPA Compliance and Ethics Report-Episode 22 with Matt Ellis on the Embraer FCPA Investigation
    5. Flawed, but Fair: Updated Guidance for Boards and Investors
    6. What’s the One Thing Missing From Your Corporate Compliance Program?
    7. Copyright Protection for User Generated Content in Virtual World Confirmed
    8. New “tipping” rules for 2014: Are you ready?
    9. CFPB Files Brief In Long-Running RESPA Case
    10. Europe: Mosley v Google – game, set but not match yet.
    11. Unofficial Transcripts Of CFPB Webinars On Mortgage Rules
    12. The Role Of Alleged Trade Secret Forensic Evidence In The Amanda Knox Murder Case
    13. 3 Legal Mistakes Hiring Managers Make In the Employment Process

    Stay in touch»

  3. JD Supra Morning Brief: Automatic Tipping, Drone Roadmap, Foreclosure Fraud, Guilty Pleas

    Born on this day in 1908: Harry Blackmun, Associate Justice of the Supreme Court from 1970 to 1994, and author of the court’s landmark Roe v. Wade opinion. 

    Take a tip from us: the change in IRS rules on “automatic tipping” should raise a red flag for hotels and restaurants… (JMBM

    Who stands to benefit from the FAA’s “roadmap” for integrating drones into the national airspace? Aerial journalists, for starters… (Charles Tobin at Holland & Knight

    The number of people who have pleaded guilty in a California foreclosure fraud conspiracy: 37… (McDermott Will & Emery

    Not, it’s not too early to start your year-end tax planning… (Ted Simpson at Harrang Long Gary Rudnick

    In response to a series of teen suicides, the LA school district will monitor student social media activity for cyber bullying activity… (James Ryan at Cullen and Dykman

    Does Professor Greg Hampikian have DNA evidence that will prove Amanda Knox did not kill Meredith Kercher? Perhaps … but it’s a secret… (Eulonda Skyles at Orrick

    A guilty plea in the US can jeopardize a foreign national’s immigration status… (Derek Byrd

    The NFL hired an outsider to investigate Jonathan Martin’s complaints of bullying. Should you do the same for your workers? (Adam Santucci at McNees Wallace & Nurick

    After being characterized as unscrupulous opportunists by regulators, for-profit colleges and universities are working hard to improve their image… (Nicole Kardell at The Ifrah Law Firm

    Building an online marketplace? You’ll want to avoid naming your sales division “Replica Products”… (Charlotte Marie Petilla at Foley Hoag

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    Find us on Twitter: @JDSupraBuzz»

  4. JD Supra Morning Brief: Sharing Businesses, Tracking Customers, Hiring Mistakes, Protecting Advertisements

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    Happy Veterans Day to all who have served our country!

    Sharing may be good, and good business, but it can be a legal and regulatory minefield, too… (Alistair Maughan and Susan McLean at Morrison & Foerster

    “Aw, c’mon Grandpa – tell us what it was like back in the olden days, when partially hydrogenated oils were legal…” (Foley & Lardner

    Retailers who are tracking customer movement inside stores via mobile phones have agreed to abide by a code of conduct to protect consumer data… (Jake Romero at Mintz Levin

    Three legal mistakes hiring managers make in the employment process… (JD Supra Contributors

    Advertisements are messages. They contain information and communicate opportunities. And they’re protected by the First Amendment… (Mark Sableman at Thompson Coburn

    The people of Youngstown, Ohio, really don’t want to ban fracking… (Lori Herf at BakerHostetler

    Of course you remember that great Vietnam-era anthem: “Who’ll stop the rain (tax)?” (Wylie Donald at McCarter & English

    Canada’s Supreme Court just told police that they must get a warrant before searching computers and mobile phones… (Tim Banks at Dentons

    Will the Trademark Trial and Appeal Board revoke registration of the Washington Redskins’ mark? (Dickinson Wright

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    Catch us on Twitter: @JDSupraBuzz»

  5. JD Supra Weekend Reader: Credit Scores, Payday Lenders, Custody Battles, Gray Divorce

    The legend lives on from the Chippewa on down of the big lake they called “Gitche Gumee.”
    The lake, it is said, never gives up her dead when the skies of November turn gloomy.
    —-Gordon Lightfoot, the Wreck of the Edmund Fitzgerald

    38 years ago today, the Edmund Fitzgerald sank in Lake Superior, taking the lives of all 29 crew members.

    How long will it take for my divorce, and how much will it cost? (Jaburg Wilk

    What’s wrong with credit scores? Plenty… (John Bowman at Venable

    Ballin’ spoofers ain’t homies of luxury brands. Word… (Martha Engel at Winthrop & Weinstine

    Want to complain about a payday lender? Tell the CFPB… (Alan Kaplinsky at Ballard Spahr

    When custody battles play out in court, everybody loses… (Bryan Salamone

    Think twice before announcing your new job on social media… (Sarah Coffey at The Ifrah Law Firm

    No matter how loud it tweets, a bird in the hand is worth … nothing if you can’t really sell it… (William Alderman, Justin Bagdady, and Todd Scott at Orrick

    Manning up at work? Not a good idea: gender stereotyping on the job can be same-sex harassment… (Amber Dodds and James Kizziar at Bracewell & Giuliani

    Ah yes – the ole’ “I-included-a-hyperlink-so-of-course-it’s-not-defamation” defense…  (Richard Raysman at Holland & Knight

    Colorado continues to be ground zero in the battle over fracking… (Paul Enockson at BakerHostetler

    Practical tips on what to do before, during, and after terminating an employee… (Michael Kelsheimer at Looper Reed

    Today’s global economic forecast: bumpy road ahead – but things should start to smooth out in 2014… (Richard Dion, David Dodge, and John Weekes at Bennett Jones

    What do Orange MRI, Sacred Heart Hospital in Chicago, the medical director at Home Care Hospice, a Texas doctor, and a Kansas chiropractor have in common? Kickbacks… (Robert Wolin at BakerHostetler

    Five recommendations for couples going through a “gray divorce”… (Is That Legal?

    The potential for mobile payments is huge – but so are the potential legal and regulatory hurdles… (Obrea Poindexter at Morrison & Foerster

    There are a lot of ways to get into hot water with tax authorities. Here are three…  (Paul Topolka at Nexsen Pruet

    Ever feel like somebody’s watching you? They probably are… (Karl Knudsen

    You’ve registered your trademark – now what? (Alecia Schmuhl at Bean, Kinney & Korman

    Here’s an excellent “field guide” to the IPO process… (Morrison & Foerster

    That’s it – I quit: the number of expatriates throwing their US passports overboard continues to grow… (Hartnett, Smith & Paetkau

    Stopping sexual predators and revenge porn may be beyond the scope of the law… (Travis Crabtree at Looper Reed

    Do Weight Watchers’ ice cream bars contain more calories than the company claims? We may never know… (Maya Ingram at Morrison & Foerster

    Why is the AARP worried about the Trans-Pacific Partnership Agreement? Drugs… (Donald Zuhn at MBHB

    Here are the top five trendiest, most bloodcurdling issues that could be facing your HR department… (Ogletree Deakins

    Put me in Coach – I’m ready for pay… (Jordan Collins at Mintz Levin

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    Buzz buzz buzz»

  6. JD Supra Morning Brief: Startup Compensation, Twitter Stock, Gender Stereotyping, Fracking Battles

    Yes, Butch Cassidy and the Sundance Kid were real, and yes, they were probably killed in a shootout in Bolivia. On this day in 1908.

    Startups can make a lot of errors when they’re putting together compensation plans – like hiring independent contractors instead of employees… (David Lagasse at Mintz Levin

    No matter how loud it tweets, a bird in the hand is worth … nothing if you can’t really sell it… (William Alderman, Justin Bagdady, and Todd Scott at Orrick

    Manning up at work? Not a good idea: gender stereotyping on the job can be same-sex harassment… (Amber Dodds and James Kizziar at Bracewell & Giuliani

    Ah yes – the ole’ “I-included-a-hyperlink-so-of-course-it’s-not-defamation” defense…  (Richard Raysman at Holland & Knight

    Colorado continues to be ground zero in the battle over fracking… (Paul Enockson at BakerHostetler

    Will Twitter’s novel “Innovator’s Patent Agreement” create trouble for the company when it goes public today? (Martha Engel at Winthrop & Weinstine

    The success – or failure – of a business can hinge on the protection of its trade secrets… (Michael Greco at Fisher & Phillips

    Size does matter, says the US Copyright Office – and that’s why they’ve proposed a small claims tribunal… (Ieuan Mahony and Samuel Taylor at Holland & Knight

    Asking for a lawyer while being questioned by the police is not an admission of guilt, according to a recent appeals court ruling… (Richard Albert at Morvillo Abramowitz

    A new California law further restricts what employers can ask job applicants about criminal convictions in their past… (Proskauer

    Practical tips on what to do before, during, and after terminating an employee… (Michael Kelsheimer at Looper Reed

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  7. How to Be a Better Lawyer: 10 Tips From Your Client

    “Successful lawyers take the time to understand the client’s business, their needs and goals, the trends in their industry and the issues they care about.”

    From Rebecca Signer Roche, senior counsel on all labor and employment matters for DynCorp International, ten ways that first-year associates can become better lawyers.

    There’s something for everyone in this first installment of JD Supra’s new “In-House Perspective:”

    1. Do good work
    2. Know who your clients are
    3. Know what your clients do
    4. Know what your clients want
    5. Help your clients run their business
    6. Know your deadlines
    7. It’s never too early to start developing business
    8. Be responsive
    9. Own your assignments
    10. Be convenient

    Read and learn: In-House Perspective: 10 Ways Every First Year Associate Can Shine»

  8. JD Supra Morning Brief: Strong Trademarks, Human Trafficking, Elder Abuse, Breaking Bad

    That sure was close: on October 22, 1962, the Cuban Missile Crisis reached a boiling point when US President John F. Kennedy initiated a naval blockade on Cuba.

    Patent litigation can cost $3 – 5 million. Patent mediation can cost $50 - $100K. Any questions? (John Delehanty, Mintz Levin

    Got a great business idea? Choose a strong trademark… (CSH

    Do these mandatory flu shots have any workplace side effects? (Obermayer Rebmann Maxwell & Hippel

    It’s time employers took a fresh look at workplace social media policies… (GableGotwals

    Settling a lawsuit with an employee or former employee? The IRS wants you to pay your taxes… (Butler Snow

    Three ways California residents will benefit from the state’s new energy storage requirements… (Is That Legal?

    The T Visa helps victims of human trafficking and abuse… (Bretz & Coven

    Effective business communication is about clarity, brevity and thoughtfulness… (Infinite Public Relations

    Five million older adults are subject to some form of elder abuse every year… (Eckerle Law

    Great Face and Body’s “Breaking Bad” bath salts may have to go… (Winthrop & Weinstine

    Social media is advertising. Don’t forget it… (Loeb & Loeb

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    Find us on Twitter: @JDSupraBuzz»

  9. Popular Reads on JD Supra Last Week

    Playing weekend catch-up with the news from last week? Start here, with a look at the most popular updates on JD Supra last Monday through Friday. Chew on this:

    1. What’s the One Thing Missing from Most Employee Handbooks?
    2. Bioethicists “Urge Maximal Transparency” in Response to 23andMe Patent 
    3. Ethical Issues That Arise From Social Media Use In Courtrooms 
    4. How (Not) to Terminate an Employee 
    5. ACO Workshop: Safe harbors, waivers and patient-centeredness
    6. The Financial Report - Volume 2, No. 18 • October 10, 2013 (Global)
    7. Apple is fighting back in Brazilian courts to get its iPhone trademark 
    8. [Video] EU Data Protection Reform
    9. OCC’s Commercial Real Estate Lending Handbook: Misses the List on Legal Issues 
    10. New California Law Protects Journalist’ Records Held By Third Parties

    Bonus because you deserve it:

    BYOD Can Be A Four-Letter Word

    Stay in touch»

  10. JD Supra Morning Brief: Green Day, Drug Tests, Global Workforce, Volunteer Firefighters

    It’s Friday, you’re drinking coffee, and the JD Supra Morning Brief is here. Ain’t life grand?

    Could an “honor vacation” policy work at your company? (Fenwick & West

    I scream, you scream, we all scream for IP… (Sedgwick

    False positive on a drug test? Yes, you can sue in the New York… (Cullen and Dykman

    For many emerging companies, the road to a global workforce is paved with potholes… (DLA Piper

    Google this: “search giant sued for privacy violations”… (Is That Legal?)

    Volunteer Firefighters? Yup, they’re employees… (KMTG

    If you have to sue someone for poaching your brand, it’s your dirty laundry that could cause you to be “hung by the tongue”… (Hodgson Legal

    Have questions about child support and alimony? Here are your answers… (Bean, Kinney & Korman

    There are approximately 37 million borrowers with outstanding student loans. Last year 3800 of them complained… (Ballard Spahr

    Yes, business owners should have their heads in the clouds… (Fox, Shjeflo, Hartley & Babu

    It’s back to work for US immigration services… (Mintz Levin

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    @JDSupraBuzz