The Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) is expected to be signed into law by the President this week.
Fueling the FCPA fire: the Dodd-Frank Act whistleblower provisions
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Circular beach towel's trademark is invalid (Kelley Drye & Warren LLP)
In the late 1980s, Clemens Franek sought and received trademark registration status for his "radical" round beach towel.
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Western District of New York upholds non-compete and grants TRO (Seyfarth Shaw LLP)
Plaintiff IDG USA, LLC (“IDG”), a Georgia company with its principal place of business in North Carolina, commenced an action against a former employee, Kevin J. Schupp (“Schupp”), a New York resident, alleging breaches of a Non-Compete Agreement, breach of a Confidentiality Agreement, unfair competition, and theft of trade secrets.
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Shutting down corporate pick-pockets (Gardere Wynne Sewell LLP)
A 10-year employee accounting manager systematically transfers amounts via ACH to her personal checking account.
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Employer wins “cat's paw” case (Foley & Lardner LLP)
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Massachusetts personnel records statute amended to require employers to notify employees when negative information is placed in personnel records (Goodwin Procter LLP)
Massachusetts recently enacted an economic development statute which contains an important amendment to the Massachusetts Personnel Records Statute, G.L. c. 149, § 52C.
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Shutting down corporate pick-pockets (Gardere Wynne Sewell LLP)
A 10-year employee accounting manager systematically transfers amounts via ACH to her personal checking account.
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Tracing claim (Wragge & Co)
Where property is obtained by fraud, equity imposes a constructive trust on the recipient so that the property is recoverable and traceable in equity.
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Corruption of government officials: gifts that keep on giving (Lang Michener LLP)
With the recent shocking findings of the Oliphant Inquiry concerning apparently "gratuitous" cash payments to former prime minister Brian Mulroney, and the current high-profile Basi/Virk trial in British Columbia regarding allegations of bribery and corruption, it is perhaps time for a short lesson in the law related to corruption of public officials.
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When the hedge fails (Day Pitney LLP)
Hedge-fund managers can become fiduciaries of their investors, opening them up to prosecution under the antifraud provisions of the federal Investment Advisers Act, 15 U.S.C. § 80b-6.
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Madoff and charities: some due diligence on the investment adviser for Howard Hughes Medical Institute - Ivy Asset Management LLC - Installment 34 (Fox Rothschild LLP)
This is the thirty-fourth in a series of Installments on this blog that discusses issues that arose in the aftermath of the Bernard L. Madoff (“Madoff”) scandal.
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SEC adopts controversial proxy access rules (McDermott Will & Emery)
After the enactment of the Dodd-Frank financial reform bill confirmed its authority to do so, the SEC moved quickly and has adopted proxy access rules—though the debate on this issue is far from over.
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When the hedge fails (Day Pitney LLP)
Hedge-fund managers can become fiduciaries of their investors, opening them up to prosecution under the antifraud provisions of the federal Investment Advisers Act, 15 U.S.C. § 80b-6.
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The abolition of the FSA? (Mills & Reeve LLP)
In his Mansion House speech George Osborne, the Chancellor of the Exchequer, said he would abolish the Financial Services Authority and give most of its power to the Bank of England, undoing the regulatory system set up by Gordon Brown when the Labour party came to power in 1997.
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Madoff and charities: some due diligence on the investment adviser for Howard Hughes Medical Institute - Ivy Asset Management LLC - Installment 34 (Fox Rothschild LLP)
This is the thirty-fourth in a series of Installments on this blog that discusses issues that arose in the aftermath of the Bernard L. Madoff (“Madoff”) scandal.
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Financial regulatory reform - Bureau of Consumer Financial Protection (Sonnenschein Nath & Rosenthal LLP)
On July 21, 2010, President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Reform Act").
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In the courts (Arent Fox LLP)
On August 11, 2010, the US District of New York for the Northern District of New York (NDNY) became the second court in as many weeks to deny a request by Level 3 Communications to freeze litigation brought against it for failure to pay for operation of its broadband network over a plaintiff's property (see last week's This Week In Telecom for a summary of the Idaho case).
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Telecom privacy news (Arent Fox LLP)
A South Carolina court of appeals has held that a defendant's unauthorized access of e-mails on a Yahoo! account server violated the Stored Communications Act (SCA).
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Stimulus this week (Arent Fox LLP)
On August 18, 2010, Vice President Biden announced 94 grants for broadband projects under the Broadband Technology Opportunities Program (BTOP), administered by the National Telecommunications and Information Administration (NTIA).
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Legislative outlook (Arent Fox LLP)
The US House of Representatives and the US Senate are out of session.
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Federal Trade Commission (FTC) developments (Arent Fox LLP)
On August 19, the FTC and US Department of Justice (DOJ) jointly released final versions of the Horizontal Merger Guidelines that outline how the federal antitrust agencies evaluate the likely competitive impact of mergers.
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