PLI Association News
NPE Gets Crafty, Sues Etsy for Patent Infringement
PLI SmartBrief | May 30, 2012
Etsy, a Brooklyn-bred startup, provides users the opportunity to buy and sell crafts online, and reportedly now has an estimated value of $600 million. The Patent Law Practice Center reports that Unified Messaging Solutions, a nonpracticing entity, filed a patent-infringement claim in federal court in Manhattan against Etsy only one week after its most recent fundraising from its existing venture capital investors.
Are You Up to Date with the Employment Litigation Fires of 2011?
PLI SmartBrief | May 30, 2012
Employment Law Yearbook 2012 provides a review of developments in the law from the past year, including case decisions, legislative changes, government agency actions and other events of interest to employers.
Fed Approves First U.S. Acquisition by a Chinese Bank
PLI SmartBrief | May 29, 2012
On May 9, the Board of Governors of the Federal Reserve System approved the acquisition of 80% of the shares of common stock of The Bank of East Asia (U.S.A.) National Association by Industrial and Commercial Bank of China. The Securities Law Practice Center shares a Sullivan & Cromwell memo detailing how this is the first time the Fed approved the acquisition of a U.S. bank by a Chinese bank.
Force-Placed Insurance Is Under Growing Scrutiny in the U.S.
PLI SmartBrief | May 29, 2012
Force-placed insurance is under growing scrutiny in the U.S. It became a focus after the financial crisis and is a topic of interest among consumer advocates and their government supporters. Learn more at the audio briefing Force-Placed Insurance: Current Trends Following the Financial Crisis, at PLI Online on May 31.
Patent Reform Has Arrived
PLI SmartBrief | May 25, 2012
102 was already a complicated concept for patent practitioners, having undergone evolving interpretations in the PTO and CAFC. How will the AIA now complicate matters further? Find out at Prior Art, Obviousness, and the America Invents Act in 2012, in New York on June 4 and in San Francisco and online on July 23.
Free Friday Bets the Whole Farm
PLI SmartBrief | May 25, 2012
At the free on-demand Web segment Settlement Strategies, taken from "Bet the Company" Litigation 2011: Best Practices for Complex Cases, learn about achieving global peace in complex litigation, plaintiffs' and defendants' perspective on effective settlement strategies, views of in-house counsel on achieving settlement goals, the effect of multiple parties on successful settlement, and the effective use of mediation in complex litigation.
Don't Wait Until the Last Minute with Your N.J. CLE
PLI SmartBrief | May 24, 2012
Satisfy part of the newly instated mandatory continuing legal education requirements in New Jersey and hone your legal professionalism by attending PLI's New Jersey Basic CLE Marathon, in New York and at PLI Online on May 29. In accordance with New Jersey's requirements, this one-day program will include New Jersey-specific instruction and discussion on topics authorized by the Supreme Court of New Jersey Board of Continuing Legal Education.
Judge Posner To Use Court Appointed Experts in Apple v. Motorola
PLI SmartBrief | May 24, 2012
The patent litigation between Apple and Motorola has been a standout case among the many involving mobile-device technology. The litigation of the case in the Northern District of Illinois, Eastern District, appears to be the most watched within the U.S. The Patent Law Practice Center discusses how Judge Richard Posner intends to use neutral expert witnesses in the trial to facilitate understanding of the complex patent jargon.
Vulcan Materials Ruling Highlights Importance of M&A Confidentiality Agreements
PLI SmartBrief | May 23, 2012
Chancellor Strine of the Delaware Court of Chancery just threw Martin Marietta Materials a big curveball in its hostile bid to acquire Vulcan Materials when he ruled that Martin Marietta had violated its confidentiality arrangements with Vulcan and enjoined its bid. The Securities Law Practice Center shares a Gibson Dunn memo highlighting considerations that M&A practitioners should bear in mind when drafting and negotiating confidentiality agreements after this decision.
Take a Pinterest in 2012's "Most Talked-About" Social Media Platform
PLI SmartBrief | May 23, 2012
By tapping into the enthusiasm for gathering and presenting images that have been pulled from across the Web, Pinterest has created a powerful content-sharing platform -- and has provoked strong objections from copyright owners. Learn the best practices for analyzing and mitigating these legal risks at the May 24 audio briefing Pinterest: Legal Considerations to Using the Internet's Hottest Social Media Platform.
The Civil Enforcement Actions Related to the Financial Crisis Begin
PLI SmartBrief | May 22, 2012
At the May 23 One-Hour Audio Briefing Civil Enforcement Cases: Emerging Trends and Issues in the Wake of the Financial Crisis, learn about the discovery tools available to the government, remedies available in civil fraud cases, notable cases brought in the past two years and the rationale for pursuing civil remedies instead of criminal prosecutions.
New Release -- Trial Handbook 2012
PLI SmartBrief | May 22, 2012
Trial Handbook 2012 is now in an all-new format designed for ease of use in your office and in the courtroom. Designed for quick reference at trial, the handbook is keyed to the Federal Rules of Evidence, and it focuses on the presentation of proof and the evidentiary problems faced by counsel.
Crowdsourcing for Prior Art
PLI SmartBrief | May 21, 2012
As the patent wars rage on, tech companies are soliciting help from the public to crowdsource evidence of prior art. The Patent Law Practice Center highlights the latest application of crowdsourcing and shares how Article One Partners, a New York company, is hired by major tech companies to conduct research of prior art in hopes of invalidating underlying patents.
Implications of Political Activity by Your Company, Its Executives and Employees
PLI SmartBrief | May 21, 2012
With election season under way, many companies are facing questions from their executives and employees regarding participation in political activities. Companies must be able to identify issues that can arise as a result of corporate or personal political activity to avoid exposing the company to these risks. Learn more at this May 22 audio briefing.
U.S. Sentencing Commission Approves Increased Penalties for Certain Fraud Offenses
PLI SmartBrief | May 18, 2012
On April 13, the U.S. Sentencing Commission promulgated amendments to the federal sentencing guidelines for securities fraud, mortgage fraud and financial-institution fraud as stipulated in the Dodd-Frank Act. The Securities Law Practice Center republished a Gibson Dunn publication detailing the changes to insider-trading guidelines, loss calculations for securities fraud and more. The newly adopted amendments will take effect Nov. 1, unless Congress modifies them through legislation.
Free Friday Plays Nice in Court
PLI SmartBrief | May 18, 2012
At the free on-demand Web segment Civility Issues in Litigation, taken from Judges' Pet Peeves 2011: Tips from the Bench on Trial Practice, learn how to be a zealous advocate within the bounds of ethical behavior, the difference between slaying the adversary's case and slaying the adversary, and how you should respond to uncivil conduct by your adversary.
The JOBS Act: Everything You Need To Know
PLI SmartBrief | May 17, 2012
This fast-tracked program on May 30 (in New York and at PLI Online) will provide you with the latest practical guidance on implementation of the various provisions of the JOBS Act, as well as what to expect as the Securities and Exchange Commission adopts rules under the act over the next year.
High-Risk Areas Certain To Draw Regulatory Scrutiny for Managers of Private-Equity Funds
PLI SmartBrief | May 16, 2012
As a result of the Dodd-Frank Act, many managers of private-equity funds were forced to register with the Securities and Exchange Commission as investment advisers. At the May 17 One-Hour Audio Briefing SEC Examinations of Private Equity Fund Managers: Valuation and Other Critical Issues, listen to a discussion of the SEC's examination process as it relates to managers of private-equity funds.
Citizens United Changes the Landscape for Corporate Political Activity
PLI SmartBrief | May 16, 2012
Corporate Political Activities Deskbook provides a thorough grounding in the current state of the law on federal and state campaign finance, pay-to-play, lobbying and gift compliance.
Evaluating SEC Nonprosecution and Deferred Prosecution Agreements
PLI SmartBrief | May 15, 2012
Two years ago, the SEC announced that it would begin using deferred prosecution and nonprosecution agreements to encourage cooperation with SEC investigations. The Securities Law Practice Center shares an article written by Thomas Kuczajda and Sharon Rose of Cadwalader, Wickersham & Taft discussing whether corporations are better off entering into such an agreement or instead relying on more traditional SEC resolutions.
Psychological Issues and Emotional Injuries Play a Critical Role in Employment Disputes
PLI SmartBrief | May 15, 2012
At the audio briefing Psychological Issues in Employment Litigation -- The Juncture of Employment Law and Forensic Psychiatry, at PLI Online on May 16, learn strategic approaches to psychological issues in employment litigation and the use of mental-health professionals.
Facebook Continues To Load Its Patent Arsenal
PLI SmartBrief | May 14, 2012
The patent wars are all the rage among tech companies these days. The Patent Law Practice Center discusses how the latest development comes from Facebook, which is in a patent-infringement battle with Yahoo!, and how it recently purchased 650 of the AOL patents from Microsoft for an estimated $550 million.
The Wonderful World of Transfer Pricing
PLI SmartBrief | May 14, 2012
The May 15 audio briefing Transfer Pricing: Managing Risks in Light of New IRS Enforcement Initiatives will introduce the general principles governing transfer pricing and then focus on recent developments in Internal Revenue Service enforcement. It will discuss implementation of an explicit transfer pricing strategy, working with the IRS during a transfer pricing audit and resolving transfer pricing disputes.
Do You Know the Best Negotiating Strategies in the Current Real Estate Market?
PLI SmartBrief | May 11, 2012
What are the "hot buttons" for seller, buyer and lender requirements? What are the factors and legal issues you should analyze with respect to investing in distressed real estate, including buying defaulted loans? Find out at Negotiating Real Estate Deals 2012, in New York and at PLI Online on June 5.
Free Friday on Deposition Basics
PLI SmartBrief | May 11, 2012
At the free on-demand Web segment Deposition Strategy & Taking the Deposition, taken from Taking and Defending Depositions 2011, learn about setting the stage for the deposition, how depositions fit into your overall case strategy, choosing whom to depose and when to depose them, structure and pacing of the deposition, follow-up and conclusory questions, and more.
Pocket MBA Summer 2012
PLI SmartBrief | May 10, 2012
This popular June 4 program (in San Francisco and at PLI Online) will provide an understanding of key financial, accounting and economic concepts, principles and terminology that will contribute to your ability to interact with and advise your clients with their critical issues.
Delaware Chancery Muffles Plaintiffs' Claims in In re Midas
PLI SmartBrief | May 10, 2012
The Securities Law Practice Center shares a discussion of the Delaware Court of Chancery's decision in In re Midas Shareholders Litigation from Alston & Bird Partner and Practice Center contributor Kevin Miller. The post shares key quotes regarding disclosure of free cash flows, disclosure of small-company premium in discount-rate calculation and deal-protection provisions.
Connecting the Dots: Family Law, Housing Law, and Trusts and Estates Practitioners Discuss Mortgage Debt, Families and Foreclosure
PLI SmartBrief | May 09, 2012
Attend this free May 29 program (in San Francisco and at PLI Online) for an overview of legal and practical problems that arise within families and with mortgage servicers regarding mortgage debts, mortgage delinquencies and foreclosure when real property is co-owned by family members or is transferred in connection with death or divorce or other family changes.
Twitter's Innovator's Patent Agreement: The Future or Foolish?
PLI SmartBrief | May 09, 2012
Not long ago, Twitter announced it would not participate in the trend of technology-patent litigation. Twitter's Innovator's Patent Agreement proposes that if a patent is assigned to Twitter, Twitter promises it won't use that patent to sue anyone, except for defensive purposes or unless the engineers grant permission to the company. The Patent Law Practice Center highlights the announcement and commentary from supporters as well as critics.
Another One for the Librarians in the House ...
PLI SmartBrief | May 08, 2012
Librarians know how to find information, but historically they have been asked to provide raw data rather than an analytical report with business projections and actionable conclusions. At the May 9 audio briefing What Is CI?: An Introduction to Competitive Intelligence in the Law Firm Environment -- Part II, learn about the resources that are being used to perform competitive intelligence research.
Understand the All Practical Aspects to Building a Practice
PLI SmartBrief | May 08, 2012
At a time of many regulatory changes being made as a result of the economic downturn, the new third edition of Investment Adviser Regulation guides you safely through the maze of congressional, SEC and state standards affecting investment advisers.
U.S. Department of Commerce: IP Industries Support 40 Million Jobs
PLI SmartBrief | May 07, 2012
The U.S. Department of Commerce released a report titled "Intellectual Property and the U.S. Economy: Industries in Focus," which highlighted the connection between intellectual-property-intensive industries along with job creation and its relation to the U.S. economy. The Patent Law Practice Center shares specific highlights from the report, such as that these IP-driven industries create 27.1 million jobs and indirectly support an additional 12.9 million jobs.
Caraco v. Novo Nordisk and the Orange Book
PLI SmartBrief | May 07, 2012
On April 17, the U.S. Supreme Court released its decision clarifying the circumstances in which generic-drug companies can challenge the scope of the "use codes" for the patents that branded-drug companies list in the Food and Drug Administration's "Orange Book." Learn more about the likely implications of this expanded scope at this afternoon's One-Hour Audio Briefing Caraco v. Novo Nordisk: Supreme Court Alters the Landscape of Hatch-Waxman Litigation by Adopting Expansive Interpretation of Counterclaims Provision.
Free Friday Helps Out Media Lawyers
PLI SmartBrief | May 04, 2012
At the free Web segment Legal Ethics for Media Lawyers: Current Issues, taken from Communications Law in the Digital Age 2011, learn about dealing with risks arising from politically sensitive cases or positional conflicts, ethically mining social media data and participating in social networks, and lawyers' duties in safeguarding e-discovery and electronic privacy.
Companies and Investors Have Awaken to the Economic Potential of IP
PLI SmartBrief | May 03, 2012
The May 9 New York program IP Monetization 2012: Maximize the Value of Your IP Assets is designed to help those new to, and those already involved in, IP monetization get up to date on this exciting and fast-moving topic that is of rapidly increasing importance to companies and investors alike.
Davis Polk on Implementing the JOBS Act
PLI SmartBrief | May 03, 2012
The signing of the JOBS Act set in motion a number of important changes to the way small business and startups receive broader access to capital and investors. The Securities Law Practice Center shares a JOBS Act Implementation Chart from our friends at Davis Polk that breaks down the act by provision and effective date as well as providing discussion of implementation issues and other considerations.
STOCK in Trade
PLI SmartBrief | May 02, 2012
On April 4, President Barack Obama signed into law the Stop Trading on Congressional Knowledge Act ("STOCK Act"), which subjects Congress, executive branch employees and the judiciary to insider trading liability for trading on inside information. Learn more about this new law at today's audio briefing STOCK Act: Navigating the New Insider Trading Law for Dealing with Federal Public Officials.
Dialogue Between the Bench and Bar
PLI SmartBrief | May 01, 2012
The Patent Law Practice Center shares a video from the 6th Annual Patent Law Institute featuring Seth Waxman, former solicitor general of the U.S. and currently partner at Wilmer Hale, and Chief Judge Randall Rader of the U.S. Court of Appeals for the Federal Circuit. They discussed whether parties lobbying the White House to obtain a favorable amici brief from the Department of Justice was a dangerous ethical quandary.
Clear Guidance for Every Step of the IPO Process
PLI SmartBrief | May 01, 2012
Initial Public Offerings: A Practical Guide to Going Public provides battle-tested, real-world advice on how to create a winning IPO. Packed with best practices, planning tips, checklists and sample documents to help implement its guidance, this treatise shows you how to build your company from day one with an eye on an eventual IPO.
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