JD Supra Weekend Reader: Too Big to Fail, Over-Criminalization of Federal Law, Violations of GINA Rules, Costs of Data Breaches

What? This weekend is only two days long? Better get started right away, then!

Privacy regulations for mobile apps? In spades… (Fenwick & West) 

Has Dodd-Frank solved the “Too Big To Fail” problem? (Corporate Law Report) 

Note to self: maybe personal assistant to a rock star isn’t such a great job after all… (Ogletree Deakins) 

NASCAR fans: your videos are safe on the Internet… (Looper Reed) 

Be careful what you wish for, goes the saying. And the NLRB agrees (Proskauer) 

Is federal law becoming “over-criminalized”? A House committee will look into that (Jeff Ifrah) 

The “honest belief” defense remains a viable option in discrimination and other adverse employment decisions. Honestly? (Foley & Lardner) 

The Supreme Court just agreed to hear its first case in 30 years involving the constitutionality of religious prayers in a legislative meeting (Sands Anderson) 

Duped into buying something on sale only to discover the “sale” price was in fact the regular price? If you live in California, you can sue… (Pillsbury) 

Tech companies: these 20 pages of trend-spotting, and analysis are for you (MoFo Tech) 

One key source of poor negotiating? Overconfidence… (JAMS, The Resolution Experts) 

Chicken Little may well have been an optimist… Here are 28 pages of why the Ability to Repay and Qualified Mortgage Rule could spell disaster for lenders and borrowers alike (K&L Gates) 

Reducing the tax burden of an inheritance is an important reason for setting up an estate plan. But it’s far from the only one (Ervin Cohen & Jessup) 

Oh Gina – the EEOC has begun to go after employers that violate privacy rules of the Genetic Information Nondisclosure Act (Corporate Law Report) 

This is what a domain-name scam looks like (Burns & Levinson) 

Apparently, Oxford University Press, Cambridge University Press and Sage Publications want another chance to teach Georgia State University a lesson in copyright infringement (Foley Hoag) 

The good news: air pollution is down. The bad news: 42% of us live where pollution levels are often too dangerous to breathe (Burr & Forman) 

The judge who presided over the Jody Arias trial has no business being on the bench, says a former federal prosecutor (Michael Volkov) 

Could the Roma, Europe’s single largest minority group, take their fight against workplace discrimination to the courtroom? (Fisher & Phillips) 

You can do anything, but don’t rip off my red-soled shoes… (Winthrop & Weinstine) 

The average direct cost to a restaurant of a credit card breach is $80,000 (BakerHostetler) 

We like it like that… A Texas lawsuit may decide whether a Facebook “like” is protected by the First Amendment (Looper Reed) 

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JD Supra Morning Brief: Lady Gaga, Sexual Harassment, NASCAR Videos, Over Criminalization

 Yeah, it was a short week, but that doesn’t make Friday any less sweet… Enjoy!

Lenders can’t use appellate courts to “get a second bite at the apple” of student loan debt dismissed in bankruptcy court (Bloomberg Law) 

Note to self: maybe personal assistant to a rock star isn’t such a great job after all… (Ogletree Deakins) 

This ought to save taxpayers a bundle… (BuckleySandler) 

Being small has its benefits – particularly when I-9s are involved… (David Brown) 

What are your rights if you’re sexually harassed on the job? (Farrise Law Firm) 

NASCAR fans: your videos are safe on the Internet… (Looper Reed) 

Be careful what you wish for, goes the saying. And the NLRB agrees (Proskauer) 

Is federal law becoming “over-criminalized”? A House committee will look into that (Jeff Ifrah) 

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JD Supra Weekend Reader: Tornado Insurance, QR Codes, Fracking Chemicals, Mortgage Kickbacks

Memorial Day travel advice: pack an extra power cord for your tablet so your battery doesn’t run down while you’re reading the JD Supra Weekend Reader. Enjoy!

Accounting firm mismanages Patricia Cornwell’s finances; ends up owing her $51 million – maybe you read about it? (Bloomberg Law) 

Are losses resulting from the recent Oklahoma tornado covered by business property insurance policies? (Perkins Coie) 

College athletes: 1, video game developers: 0 (Manatt, Phelps & Phillips) 

Unlike high schools, colleges and universities are not required to provide personal care services for students with disabilities (Ogletree Deakins) 

Want to let customers pay via QR code? Read this (BuckleySandler) 

As it turns out, “just ‘cause” isn’t one of the seven factors that comprise “just cause” when firing an employee (Foley & Lardner) 

Sharing your stash doesn’t mean automatic deportation for immigrants, says the Supreme Court (Fowler White Boggs) 

Have a foreign bank account? You’ll want to read this… (The California Minority Counsel Program) 

The Bureau of Land Management is calling for greater disclosure of fracking chemicals used on federal lands (BakerHostetler) 

Can big data analysis improve the criminal justice system? These donors want to find out (Jeff Ifrah) 

Does your lease comply with HIPAA regulations? Here’s how to make sure (Dinsmore) 

The CFPB is cracking down on kickbacks in the mortgage business (Leonard, Street and Deinard) 

Is Aereo the future of television or just another blip on the screen? (Morrison Foerster – Social Media) 

An Internet ‘eraser button’ for minors (and their parents)? Maybe… (Mintz Levin) 

The Fair Sentencing Act applies retroactively to people sentenced before it took effect (The Kaiser Law Firm) 

First rule of thumb is not to get in a fight in the first place. The second? Don’t plead “no contest” to assault… (Sedgwick) 

Lady Gaga fans will be pleased to know the singer was dismissed from a copyright lawsuit (Foley Hoag) 

Think twice before using your 401(k) assets to get your new business off the ground… (Leonard, Street and Deinard) 

The stakes of worker misclassification are going up - and up and up… (Morgan Lewis) 

US trademark law prohibits marks that “may disparage… persons, living or dead, institutions, beliefs, or national symbols.” But is that enough to revoke the name of the Washington Redskins? (Loeb & Loeb) 

First thing to do before suing a foreign defendant: convince them to open a Facebook account… (Cozen O’Connor) 

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JD Supra Morning Brief: Tax Relief, Fracking Chemicals, Data Privacy, Divorce Mediation

Want to get the JD Supra Morning brief delivered to your digital doorstep every weekday morning? It’s as easy as 1, 2, 3, click! 

Where in the world does the CEO of one of Europe’s largest real estate management companies plan to invest over the next 6-12 months? Watch (Greentarget) 

Farmer Bowman’s “blame-the-bean” argument failed to sway the Supreme Court (JD Supra Contributors) 

The new tax law doesn’t look like “relief” from where we’re sitting… (Niles, Barton & Wilmer) 

The EPA just issued a rule that will require fracking operators to disclose the chemicals used in extracting natural gas from the ground (Morgan Lewis) 

Think California lawmakers aren’t concerned about data privacy? Think again… (Reed Smith) 

Same-sex couples with green card questions can now get answers (Ronald Shapiro) 

Is divorce mediation right for you? (Is That Legal?) 

Do the words “data breach” strike fear into your heart? You might need a plan… (Schnader) 

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JD Supra Morning Brief: Law School, Comp Time, Express Consent, IRS Empire

Happy 65th birthday, Israel! 

Maybe it’s a good time to go to law school after all… (Bloomberg Law) 

Don’t let the recent American Taxpayer Relief Act fool you: now is not the time to be complacent about estate planning… (Cole Schotz) 

Fans of comp time take heart: there’s a draft bill in the House that could allow employers to offer comp time in lieu of paid overtime (Franczek Radelet) 

Florida judge says the FCC doesn’t know the difference between “implied” and “express” consent… (Foley & Lardner) 

What bothers FINRA about the marketing of real estate investment products? Funny you should ask… (Morrison & Foerster) 

Better let it roll over to voice mail… Federal laws impose significant fines on commercial drivers who use cell phones at the wheel (and their employers, too) (Ogletree Deakins) 

The sun never sets on the IRS empire… Agency signs tax information sharing agreement with Australia and the UK (Looper Reed) 

Student loan “affordability” is top of mind at the country’s consumer financial watchdog (Ballard Spahr) 

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JD Supra Morning Brief: Dodd-Frank, Chevy Volt, Internship Program, At-Will Employment

A rose by any other name smell as sweet, wrote William Shakespeare. Our question: would a Monday by any other name be less unpleasant? 

Is Dodd-Frank at risk? Probably not, but President Obama shouldn’t let down his guard all the same… (Bloomberg Law) 

Thomas Edison never imagined problems like this: who pays to charge my tenant’s Chevy Volt? (Bernstein Shur) 

Using auto-dialers is a violation of the Telephone Consumer Protection Act. And using your finger may be as well… (Loeb & Loeb) 

Get the frack off this federal land, says a California court (King & Spalding) 

The 411 on the Obamacare “Pay or Play” rules… (Davis Wright Tremaine) 

Thinking of making your competitor’s lead sales rep an offer she can’t refuse? Read this first… (Carlton Fields) 

How can colleges and universities make sure that their internship programs don’t attract unwanted attention from the Department of Labor? (Ogletree Deakins) 

At-will employment: employer and employee are each free to terminate the relationship at any time, for any reason. But there are still rules… (Looper Reed) 

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JD Supra Morning Brief: Burma Investments, COPPA Guidance, Solar Panels, College Taxes

What’s black and white and read all over? The JD Supra Morning Brief, of course…

This interview of Christine Beshar, the first female partner at Cravath, Swaine & Moore in 1971, will make your day (Bloomberg Law) 

Burma has acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. And that’s good news for investors (Orrick) 

The new FTC guidance on the Children’s Online Privacy Protection Act is out. And none too soon… (Morrison & Foerster) 

After 41 years, the IRS is challenging Sumner Redstone’s transfer of stock in a family company to other family members as a taxable gift (Charles “Chuck” Rubin) 

Ready or not, here I (9) come! (Sherman & Howard) 

15 minutes to save 15%? How about 15 minutes to make sure you and your family have adequate protection? (Hoffman DiMuzio) 

Think you might install solar panels in the new house you’re building? If you live in Lancaster, CA, it’s the law… (Foley & Lardner) 

New Mexico’s new Fair Pay for Women Act will go into effect on June 14, 2013. Here’s what it means for employers in the state (Proskauer) 

IRS to higher education: you’re not doing it right (and we’re going to teach you how…) (Morgan Lewis) 

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JD Supra Morning Brief: Corporate Communication, Background Checks, Cellphone Cramming, Un-Fair Play

For our next act, we’ll make that boring commute zip by in a flash… 

The first step in responding to a corporate problem? Admitting you have a problem… (Bloomberg Law) 

Employer background checks? There’s a proposed class action for that (Saul Ewing) 

We’re pretty sure we’ve seen this movie before, maybe online? (JD Supra Contributors) 

Cell phone cramming operators: the FTC has your number… (Jeff Ifrah) 

What’s new in say-on-pay trends and litigation developments? Funny you should ask… (Skadden Arps) 

Is having a US subsidiary reason enough to require a foreign company to stand trial in the US for the activities of a separate, non-US-based subsidiary? Sounds like a question for the Supreme Court… (Foley & Lardner) 

What are the prospects for the federal bill prohibiting sexual orientation discrimination in the workplace? Not good, according to this Senator (Pullman & Comley) 

Fair play? A federal court of appeals just granted a publisher a perpetual license in a video game due to the developer’s fraudulent conduct and egregious breach of a game development agreement (Pillsbury) 

What’s going on with the rules for implementing the Food Safety Modernization Act? Unfortunately, not much… (Varnum) 

Hey – we can all dream, can’t we? (Reed Smith) 

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JD Supra Morning Brief: Doing Time, China Strategy, Marketplace Fairness, Human Genes

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New California rules will require the disclosure of energy usage in any commercial building sale, lease, or financing transaction as of July 1, 2013 (Allen Matkins) 

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

Businesses around the world must have a China strategy to remain competitive and succeed in the global marketplace (Pillsbury) 

Is Congress really considering limits on 401(k) contributions as a means of increasing tax revenues? It looks that way… (Baker Donelson) 

“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) 

Everything you wanted to know about successfully navigating the regulatory landscape for biosimilars (but were afraid to ask) (Knobbe Martens) 

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) 

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

President Obama’s efforts to curb gun violence by improving the flow of information regarding individuals with specific mental health issues is running into an unexpected challenge: HIPAA privacy rules (Mintz Levin) 

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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) 

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