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Features
When the White House's intellectual-property enforcement coordinator, Victoria Espinel, submitted a wish list to Congress in March recommending 20 changes to federal intellectual property law largely aimed at ramping up criminal punishment for IP infringement, IP lawyers said the white paper recommendations would likely have only a tenuous effect, if any, on civil IP litigation or patent prosecution.
Features
This edition of the Quarterly State Compliance Review looks at some enacted and pending legislation of interest to corporate lawyers. It also discusses some recent cases of interest, including decisions from Delaware and New York concerning the awarding of attorneys' fees.
Features
The federal government roared into March like a lion on online advertising, privacy and data'security practices, but hardly left like a lamb.
Features
During the past two years, the collection of personal information through a consumer's online activities has expanded to unprecedented levels. This is due, in part, to a proliferation of new devices through which consumers disclose personal information, and also to increasingly sophisticated behavioral analytics. In response, regulators and legislators are beginning to consider more closely whether comprehensive federal data-privacy legislation is appropriate. This article explores these unfolding developments and the challenges they present to regulators, consumers and the online business community.
Features
Recently, a number of small entities and e-mail service providers have sought to use the CAN-SPAM Act to profit from the receipt of spam, but have faced increased scrutiny from federal courts. This article discusses the CAN-SPAM Act generally, some notable spam judgments, and recent decisions interpreting the standing requirements under the federal statute.
Features
In his "Reason in Common Sense, The Life of Reason (Vol. 1)", George Santayana wrote: "Those who cannot remember the past are condemned to repeat it." We all can benefit from reviewing the lessons learned from past mistakes, whether committed by ourselves or others. The medical device industry would be well-served in heeding Santayana's warning; review of the Food and Drug Administration's enforcement in the pharmaceutical promotion area could offer insight into how it might minimize…
Features
It remains to be seen how the Supreme Court will rule on its first USERRA case this spring, but a review of compliance with USERRA should be every employer's priority.
Features
On Oct. 14, 2010, the Department of Labor (DOL) finalized its regulations concerning the fee and investment-related disclosures that must be provided to participants in 401(k) plans and other defined contribution plans with participant-directed investments.
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A new layer of federal oversight should help protect consumers and ethical e-commerce companies against misleading and name-tarnishing activities of outlaw e-tailers who have ripped off thousands of U.S. consumers. On Dec. 29, President Obama signed the Restore Online Shoppers' Confidence Act, introduced in the Senate early last year by Sen. John D. Rockefeller IV (D-WV), chair of the Senate Committee on Commerce, Science, and Transportation.
Features
The DOJ has brought cases against companies and individuals in relation to their dealings with state-owned enterprises based on a broad reading of the term "instrumentality," a term not otherwise defined in the statute prohibiting corrupt payments to "foreign officials.