PLI's In Brief: The Leader in Continuing Legal Education Since 1933

COMPLETE ARCHIVE

All-Star Briefing

• Mark Shapiro (Blaqwell, Inc.) assesses the importance for law firms of being strategic in the marketplace

• arcelo Halpern (Latham & Watkins LLP) explains why licensing negotiations are different from the typical sales agreement

• William L. Deckelman, Jr. (CSC) explains why global compliance is getting more difficult by the day

• Kathy G. Gallo (Marshall Goldsmith Partners LLC) examines leadership succession planning in law firmsonstruction projects to end in dispute

• Nancy H. Wojtas (Cooley Godward Kronish LLP) lists the top ten things companies considering a going private transaction should do when forming a Special Committee

• W. Thomas Conner (Sutherland, Asbill & Brennan LLP) examines the state of the exchange traded product market

• James A. Donahue, III (Pennsylvania Office of Attorney General) reviews the current antitrust enforcement priorities of states' Attorneys General

• Garrett W. Wotkyns (Schneider Wallace Cottrell Brayton Konecky LLP) examines the newfound strength of the consumer in the mortgage foreclosure epidemic

• Tarek N. Fahmi (Sonnenschein Nath & Rosenthal LLP): A good IP Audit + understanding your business plan = IP aligned with business objectives

• One Adam J. Levitin (Georgetown University Law Center; Robert Zinman Resident Scholar at the American Bankruptcy Institute): Proposed Consumer Financial Protection Agency changes the architecture, but not the mandates of consumer protection laws

Compliance Counselor

• Financial Fraud — When the Numbers Add Up but Still Don't Make Sense

• But Shouldn't I Get Paid For Thinking About My Job When I'm At The Ballgame? Wage And Hour Risks

• It Pays To Do Executive Compensation Right — Compensation Best Practices For A Tough Crowd

• But Do We Have To Lower Our Firewall For This? Using Web Sites As A Means of Public Dissemination

• Disclosure Policies Ought Not Be Kept Secret — Sample Company Disclosure Statement

• Make Effective Compliance A Team Sport: Sample Operating Agreement Between Compliance Department And HR Personnel

• What We Have Here Is A Failure To Telecommunicate — The Year In Telecom Regulation

• Building Anti-Corruption Compliance, One BRIC At A Time — FCPA In The New World Economic Powerhouses

• Unemployment Hits PERM Market, As Well: Immigrant Worker Certifications In A Down Economy

• Pay-to-Play Laws Here To Stay? Part Deux — SEC Moves To Restrict Influence Peddling By Investment Advisers

The Lawyer's Toolbox

• Put That In Your PIPE And Smoke It: Private Investment in Public Equity FAQ

• Getting Away From It All: Taking A Company Private

• Getting To Yes Can Involve A Lot Of No and Maybe: Negotiation Strategy And Tactics

• What Credit Card Limit? Debt Settlement Regulatory And Enforcement Update

• When "Liquidity Event" Has Nothing To Do With Beer Or A Close-Out Sale: VC Deal Terminology

• Rah, Rah, Ah, Ah, Roma, Ro-Ma Ma Ain't Shakespeare Or Clive Cussler, But It Makes Great Music: Overview Of The Music Publishing Industry

• It Ain't Mac & Cheese, But: Negotiating The IPO Comfort Letter

• But Do Prosecuted Patents Get Fifth And Sixth Amendment Rights? Patent Prosecution For Patent Litigators

• And Where Do You Go If Your Breach Claims Are Against the Federal Courts? Contract Claims Against The Government

• But Do Prosecuted Patents Get Fifth And Sixth Amendment Rights? Patent Prosecution For Patent Litigators

• Non-Current Assets

• Current Assets

• Notes to the Financial Statement

• Statement of Stockholders' Equity

• Statement of Cash Flows

• Income Statement

• Balance sheet

• Generally Accepted Accounting Principles (GAAP)

• Performance-Vesting Shares

• Financial Fraud — When the Numbers Add Up but Still Don't Make Sense

• Statement of Cash Flows

• Income Statement

• Cash Conversion Cycle (CCC)

• Back To School I — At Least The Acronym Isn't "Gaping Chasm": GAAP Basics

• Daniel L. Goelzer (Public Company Accounting Oversight Board) explains the requirements under Sarbanes-Oxley (the Act) for PCAOB to inspect accounting firms

• Michael Young (Willkie Farr & Gallagher LLP): FAS 157 didn't malfunction, so much as the market did

• Do Not Pass Go; Do Not Collect 1367.9 Yuan: Developments In China's Anti-Monopoly Law

• Honey, I Shrunk The Bills: The 341 Meeting In Individual Chapter 7 Bankruptcy

• Now, Everybody Really Is "Working For The Weekend": Developments In China Labor Law

• Stuart T. Rossman: Enforceability of state court nationwide class actions remains a challenge to the bar

• Stuart T. Rossman: Where have all the diversity cases gone?

Communication & Media

• Parul P. Desai (Media Access Project) discusses how MVP distributors and the television networks have begun to take steps to limit access to online programming to customers who have a MVPD subscription

• Inconvenient Truth - Al Gore = Key Timeline Of Internet Regulation

• Financial Fraud — When the Numbers Add Up but Still Don't Make Sense

• CARD Act Not Quite Priceless: Credit Card Issuers Face New Rules

• Till No-More-Debt Do Us Part: Federal And State Restraints On Consumer Debt Collection

• Tara L. Goodwin (Edelman, Combs, Latturner & Goodwin, LLC) assesses the impact upon consumers of the demise of TILA rescission class actions

• Tara L. Goodwin (Edelman, Combs, Latturner & Goodwin, LLC) reviews the Seventh Circuit's decision in Andrews v. Chevy Chase Bank (7th Cir. 2008).

• Naomi Jane Gray explains what fair use means

• A Good Fire Needs Kindle: Copyright Future

• Put That In Your PIPE And Smoke It: Private Investment in Public Equity FAQ

• Financial Fraud — When the Numbers Add Up but Still Don't Make Sense

• Cash Conversion Cycle (CCC)

• Dinah Hears Louder Whistle — Will He Get Bigger, Better Horn? ARRA Whistleblower Protections

• Pamela Tikellis (Chimicles & Tikellis LLP) reviews the recent trend that has seen the Delaware Court of Chancery be more willing to stay litigation in favor of actions pending elsewhere

• Patrick M. Norton (Steptoe & Johnson LLP) examines the impact cultural differences have on FCPA internal investigations

• When Even Mom & Pop Go Global, You Better Know How To Conduct One Of These: International Investigations

• Richard H. Girgenti (KPMG LLP) offers a general overview of what an audit committee response plan needs to include to enable the committee to respond to allegations of fraud, misconduct, or illegal acts

• Richard H. Girgenti (KPMG LLP) assesses how audit committee responsibilities have been impacted by the global recession and enhanced scrutiny by policymakers

• Q Ratio (Tobin's Q)

Corporate Governance

• Debra S. Rade (Rade Law LLC) examines the criticality of orientation and training to successful service on a Board of Directors

• Can A CPA Do CPR On M&A? Role Of Accountants In Deal Execution

Employee Benefits

• Lesson One—Even For A Pension, Sometimes The Mattress Is The Best Investment: Lessons For Fiduciaries, After The Meltdown

• What's Your Number? ERISA Qualified Plan Distributions

• Stimulus Bill A Depressant To Executive Compensation: Should ARRA Impact Executive Compensation Across The Corporate Spectrum?

• Now, Everybody Really Is "Working For The Weekend": Developments In China Labor Law

• Brian D. Robbins: Controlled groups on the ERISA hot seat

• Recent Supreme Court's Ruling May Require ERISA Plan Administrators To Do Total Recall And Overhaul Of Some Provisions Of QDRO: The Impact Of Kennedy v. Plan Administrator for DuPont Savings and Investment Plan

• Sweet Sixteen—New FMLA Regs. And Revisions Take Effect

• I'll Be Back: How Much Can Being A Wrongful Terminator Cost?

• Peter Hébert: The electrical grid is getting smarter by the hour

• We'd Like To Report That We're Stinkin' Up The Joint; Are We Compliant Yet? Proposed EPA Greenhouse Gas Reporting Rule And Obligations

Estate Planning

• Zero * Principal = Oops: Estate Planning In A Low Interest Rate Environment

• Some Of Us Could Benefit From A Little Forced Heirship: Multinational Estate Planning In Civil Law Jurisdictions

Estates & Trusts

• Making Up For All Those Forgotten Anniversaries: The Marital Deduction In Estate Taxation

• Back To School II — Dear Publicly Viewable Diary: The Ethics Of Blogging

• David A. Lewis (Proskauer Rose LLP) discusses the impact mobile technology is having on professional responsibility, specifically on inadvertent disclosures

• Refrigerate After Opening? Avoiding Evidence Spoliation

Executive Compensation

• Performance-Vesting Shares

• Dinah Hears Louder Whistle — Will He Get Bigger, Better Horn? ARRA Whistleblower Protections

Financial Institutions

• CARD Act Not Quite Priceless: Credit Card Issuers Face New Rules

• International Monetary Fund

• Joyce M. Hansen: Fed keeps pouring the liquidity

• Velocity of Money

• Stacie E. McGinn: National Homeownership Retention Program is helping make "home, sweet home" again

• Basel Committee on Banking Supervision (BCBS)

• Capital Requirement

• Stress Test

• Collateral Haircut

• Public-Private Investment Program (P-PIP)

Financial Products

• Contemplating One's NAV(el): Pricing Of Mutual Funds

General Practice

• Kathy G. Gallo (Marshall Goldsmith Partners LLC) examines leadership succession planning in law firmsonstruction projects to end in dispute

• Arthur B. Culvahouse, Jr. (O'Melveny & Myers LLP) examines what law firms need to take away from recent law firm mergers

• Change You Have No Choice But To Believe In—"Changes" In Government Contracts

• The Time To Set Aside Childish Things: On Being A New Partner

• Mish-Mashup Is No Hodge Podge: Virtual Reference And The Law Firm Library

Government Contracting

• Change You Have No Choice But To Believe In—"Changes" In Government Contracts

• Dr. Nabil Nasr (Golisano Institute for Sustainability, Rochester Institute of Technology) explains "remanufacturing"

• Chris Erickson (Climate Earth, Inc.) discusses the need for Enterprise Carbon Accounting (ECA)

• Foreign Bank Account Report (FBAR)

• Returning Those Tired, Huddled Masses: Removal Proceedings Basics

• Anwen Hughes: Use of interpreters can create its own communication issues

• Newsflash! Tired, Poor, Huddled Masses Win All Expenses Paid International Trip: Workplace Raids And Investigations

Information Technology

• W. Kenneth Ferree (The Progress & Freedom Foundation) assesses the FCC's authority to engage in such far-reaching regulation

• W. Kenneth Ferree (The Progress & Freedom Foundation) examines the FCC's rulemaking proceeding on open Internet access

• Ma' Bell Would Have Just Cleared Her Throat: Voice Communication Competition And Interconnected Managed Packet Networks

• Jeffrey D. Neuburger: Cloud computing forecast is foggy with increasing visibility

• Mary McDougall Duffy (Aon Private Equity & Transaction Solutions) examines the benefits of representation and warranties insurance in M&A deals

Intellectual Property

• Toolbox Gets Bejeweled: Internet Game Development Agreement

• Stop, Yield, Don't Speed, Make Sure Your Clients Have The Right Of Way: Avoiding Problems With Licenses

• Go West, Young Lawyer: Patent Licensing Strategies For The New Frontier

• Naomi Jane Gray explains what fair use means

• DMV Documents Should Be So Clear: Basic Patent License Contract Provisions

• Sonia Baldia: India IP protections and enforcement relatively weak, but making strong progress

• How Much Is That ~~Doggie~~ Data In The ~~Window~~ Server? Database Licensing Contract Essentials

• Victoria A. Cundiff (Paul, Hastings, Janofsky & Walker LLP): Inevitable disclosure doctrine only means an inevitable non-compete agreement if you can prove the disclosure is inevitable

Internal Investigations

• Patrick M. Norton (Steptoe & Johnson LLP) examines the impact cultural differences have on FCPA internal investigations

• When Even Mom & Pop Go Global, You Better Know How To Conduct One Of These: International Investigations

• Organization for Economic Cooperation and Development (OECD)

• Carla Walworth (Paul, Hastings, Janofsky & Walker LLP) explains and examines "foreign blocking statutes."

• I Love Paris
In The
The Spring:
Successful International Arbitration Goes Français

Law Practice Management

• Kathy G. Gallo (Marshall Goldsmith Partners LLC) examines leadership succession planning in law firmsonstruction projects to end in dispute

• Michael A. Ross (Blaqwell, Inc.) assesses the impact of economic stress on law firm hiring, training and revenue generation

• John Ettinger (Davis Polk & Wardwell) examines the challenges of responding to clients seeking to ensure value and efficiency in a difficult economy

• Paulette Brown (Edwards Angell Palmer & Dodge LLP) assesses the impact of the economic downturn on law firm diversity programs

• Toolbox Gets Bejeweled: Internet Game Development Agreement

• Go West, Young Lawyer: Patent Licensing Strategies For The New Frontier

• DMV Documents Should Be So Clear: Basic Patent License Contract Provisions

• Who Knows What Evil Lurks? Hidden Risks In Patent License Agreements

• I'll Show You Mine Before I Show Anybody Else: Exclusive First Look Agreement Form

• Pamela Tikellis (Chimicles & Tikellis LLP) reviews the recent trend that has seen the Delaware Court of Chancery be more willing to stay litigation in favor of actions pending elsewhere

• Refrigerate After Opening? Avoiding Evidence Spoliation

• Asim Bhansali (Keker & Van Nest LLP) reviews the Federal Circuit's decision in In Re Ciprofloxacin

• Susan A. Powell, Ph.D. (Strategic Litigation Research) offers a trial consultant's view of how lawyer's weaken their own cases through inadequate deposition practice

• Stuart T. Rossman: Enforceability of state court nationwide class actions remains a challenge to the bar

• Stuart T. Rossman: Where have all the diversity cases gone?

• Keith M. Fleischman: No two successful settlements are exactly alike, but they share fundamental elements

• Is Being Selected Last For A Jury As Humiliating As Being Selected Last For Volleyball In Gym Class? Choosing The Best Possible Jury

Mergers & Acquisitions

• Can A CPA Do CPR On M&A? Role Of Accountants In Deal Execution

• Mary McDougall Duffy (Aon Private Equity & Transaction Solutions) examines the benefits of representation and warranties insurance in M&A deals

• DMV Documents Should Be So Clear: Basic Patent License Contract Provisions

• If You Build It, They Will Come...To Tell You It's Not Patentable: Post-KSR Obviousness

• Asim Bhansali (Keker & Van Nest LLP) reviews the Federal Circuit's decision in In Re Ciprofloxacin

• Jeff Rohlmeier: Lack of consistency in Asia-Pacific privacy laws may undermine security

• Matthew H. Meade (Buchanan Ingersoll & Rooney PC) explains the unique privacy and data security issues facing institutions of higher learning

• Don't Rain On My Parade—Issues Raised By Cloud Computing

• Michael Hintze: Privacy and data breach plans are the answer when your best laid plans go awry

• Foreign Bank Account Report (FBAR)

• Now We Know Why The House Always Has An Edge: Defaulting Lender Provisions For The New Future

• Co-Tenancy Clause

• Mary Jane Augustine (McCarter & English) helps to define exactly what is a green building

• A Little Strength Training Never Hurt Anyone: Hotel Workouts And Restructurings

• Ellen Sinreich: Green real estate is not just good for the environment; it's good for business

• "Hello, Landlord? I'm Outta' Here": Effective Notices Checklist

• K.C. McDaniel (K.C. McDaniel PLLC) examines why hotels fail

Secured Transactions

• Security And Perfection In One Little Package: Sample UCC Article 9 Agreement

• Put That In Your PIPE And Smoke It: Private Investment in Public Equity FAQ

• Flash Trading

• Like Butter: Understanding Churning And Other Aspects Of The Broker-Dealer/Customer Relationship

• Regulators May Be Set To Trim The Hedges: The Future Of Hedge Fund Regulation

• At-The-Market (ATM) Offering

• Catherine T. Dixon: The more MD&A stays the same, the more it changes

• Paul F. Roye (Capital Research and Management Company) examines the state of the mutual fund industry in light of current economic conditions

• Birthing A Junkyard Dog: Negotiating High-Yield Indentures

• Laurie B. Smilan (Latham & Watkins LLP): Amended FRCP Rule 23 offers more certitude to securities class action certifications

• A Financial Instrument That Bails Itself Out: Covered Bonds

• Value Added Tax (VAT)

• Wash Sales Rule

• Foreign Bank Account Report (FBAR)

• Hal Poret: Trademark Dilution Revision Act breathes new life into dilution surveys

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