LATEST NEWS AND ALERTS
Venable attorneys produce periodic alerts and newsletters covering a variety of topics and practice areas. For your convenience, we have assembled below a collection of the latest alerts and newsletters from August 2012. To view the full text of an article, please click on the title of the piece.
What to Expect When You're Selling Your Company –
Indemnification
So you're considering selling your company, or have already
decided to do so. You know that it isn't necessarily going to
be easy. You have to identify a buyer, settle on a purchase price
and the other terms of the deal, and then get through the due
diligence process where your buyer "kicks the tires" of
your business. All of this can be daunting, especially for a
first-time seller.
Authors:
James P. Dvorak,
Allison C. Fishkind,
Erin E. Segreti
Consummated Mergers: It Ain't Over 'Til the Fat Lady
Sings
Merging companies whose deals fall below the Hart-Scott-Rodino
merger filing threshold may think that once they have completed
their merger and integration is finished, there is no longer any
threat that the federal antitrust law enforcers, the FTC or DOJ,
will challenge their deal. Consequently, these companies make
substantial investments of time, money and other valuable resources
in the merged entity that are at risk.
Authors:
Lisa Jose Fales,
Robert P. Davis,
Elizabeth K. Lowe
FCC Orders TV Stations to Post Their Political Files
Online
Starting August 2, 2012, affiliates of the four major television
networks (ABC, CBS, FOX, and NBC) in the nation's 50 largest
markets must transition from maintaining their "political
file" records on paper to an FCC website. Among other
disclosures, these stations must upload records of political
advertising sales and inquiries immediately.
Authors:
Ronald M. Jacobs,
Lawrence H. Norton,
Jeffrey J. Hunter
FTC Modifies COPPA Rule Proposal
The Federal Trade Commission has released a new set of proposed
amendments in its ongoing review of its Children's Online
Privacy Protection Act regulations. These amendments would alter
key definitions in the COPPA regulations, modifying the FTC's
original proposal from September 2011. If finalized, the FTC's
proposals to date will significantly change who and what COPPA
covers and when COPPA applies.
Authors:
Julia Kernochan Tama,
Emilio W. Cividanes,
Stuart P. Ingis
Hosting A Federal Campaign on Association Property
Federal campaign finance law restricts incorporated
associations' expenditure of association funds or resources to
host a federal campaign-related event such as a fundraiser. This
White Paper discusses four permissible means of hosting a
fundraiser on association property.
Authors:
Ronald M. Jacobs,
Lawrence H. Norton,
Jeffrey J. Hunter
Lessons from the
Agility Defense
Case: Severing Affiliation with a Suspended Contractor
Affiliates of government contractors involved in suspension and
debarment proceedings should note the recent decision in
Agility Defense and Government Services, Inc., et al. v. U.S.
Department of Defense. In Agility Defense, the U.S.
District Court for the Northern District of Alabama confirmed that
the government may suspend a government contractor solely on the
basis of being affiliated with another suspended government
contractor. However, without initiating any further legal
proceedings against each affiliate, the government's suspension
may last only 18 months.
Authors:
Robert A. Burton,
Dismas Locaria,
Keir X. Bancroft
Patent Insurance – It's Not Just for Defendants
Anymore
When purchasing insurance, an insurance-buyer generally seeks to
protect him or herself against potential liabilities or risks of
loss. For example, many companies will purchase patent
liability insurance to offset the costs of defending against an
infringement claim. While such "defensive" patent
liability insurance is fairly common, a lesser known type of
"offensive" insurance is available to patent owners to
help offset the costs of enforcing a patent against an alleged
infringer.
Author:
Christopher T. La Testa
The Second Circuit Holds that Failure to Issue a Litigation Hold
Notice is Not
Per Se
Gross Negligence
Rarely does the Second Circuit feel impelled to delve into the law
relating to document preservation, the standards used to quantify
discovery abuses, and the appropriate sanctions for document
destruction. Such detailed jurisprudence is of course better left
to the wisdom of the trial courts, subject only to an abuse of
discretion review.
Author:
Matthew T. McLaughlin
The Download - August 2012
Highlights include the Senate examination of facial recognition
technology, senate commerce pondering self-regulation, Congress and
the States considering legislation on employer access to social
media accounts, the FTC and spokeo settling fair credit reporting
act allegations, the FTC requesting further comment on its COPPA
Rule, the multistakeholder process on mobile transparency and a
review of the state attorneys general examination of privacy.
IP Buzz - August 2012
Highlights include the USPTO issue of rules implementing America
Invents Act, the $60M iPad trademark lesson, a review of patent
insurance, a review of a documentary filmmaker winning a case
against the IRS, a review of the CLS Bank v. Alice
Corp.case, monitoring licensees' use of trademarks in
advertising claims, and best practices in anti-counterfeiting in
the toy and game industry.
Advertising News & Analysis
-
August 16, 2012 Edition
Highlights include the Children's Advertising Review Unit recommendations for Lunchables, the advertising standards board's Facebook ruling, the FTC extention of the comment period for revision of jewelry marketing guides, issues in multi-forum advertising challenges, and a review of Nutrisystem's Pinterest testimonial FTC violations. -
August 23, 2012 Edition
Highlights include advocacy groups asking the FTC to investigate children's brand sites, a mouthguard marketer concussion reduction claims case with FTC, and anti-counterfeiting best practices for the toy and game industry. -
August 30, 2012 Edition
Highlights include the FTC warning to window manufacturers, an FTC ruling against Your Baby Can Read, LLC, a review of recent judgements regarding sweepstakes and contests, an editorial on "Do Not Track" published in U.S. News & World Report, and a discussion surrounding the U.S. Patent and Trademark Office implementing various provisions of the Leahy-Smith America Invents Act.
UPCOMING EVENTS
We would also like to highlight upcoming Venable events that you may be interested in attending. Please click on the event title for additional information.
"Making NYC a Bio and Tech Mecca" for the Licensing
Executives Society NYC Chapter Meeting
September 13, 2012
6:00 p.m. - 8:00 p.m. EDT
Come hear industry leaders, including Venable's Anthony
Saur, discuss their views on what's needed to make Metro New
York the Bio and Technology Gold Standard for the world.
Speaker:
Anthony M. Saur
Private Equity and the November Elections: What's at
Stake
September 27, 2012
2:30 p.m. - 3:30 p.m. EDT
The November federal elections are some of the most important in
our nation's history and will have a long-lasting impact on
private capital investment. Venable LLP and Opus Connect are proud
to present a webinar briefing and discussion about the 2012 federal
elections and what they mean for you and your business. Two
prominent Washington insiders, the Honorable Bart Stupak and Rob
Smith of Venable LLP, will share their insights into what is likely
to result from the presidential and congressional elections and
will describe how the election results are likely to impact a broad
range of issues relevant to private capital investors.
Speakers:
The Honorable Bart Stupak,
Robert L. Smith, II,
Scott E. Gluck
SPEAKING ENGAGEMENTS
Litigation Basics for Nonprofits: What to Do When a Complaint or
Subpoena Is Served and Other Tips and Strategies
September 13, 2012
12:00 p.m. - 2:00 p.m. EDT
This program – led by two of Venable's seasoned
litigators who have worked with scores of Venable's nonprofit
clients – will give participants basic tools to answer
various questions concerning litigation.
Speakers:
Jeffrey S. Tenenbaum,
Caroline Petro Gately,
David L. Feinberg
The SAFETY Act: Protecting Your Business and Customers From
Terrorism Liability
September 20, 2012
10:00 a.m. - 2:00 p.m. PDT
Join Venable LLP and Catalyst Partners for a two-hour morning
session held in Venable's Los Angeles office. The session will
be followed by a lunch break and opportunities for individualized
breakout sessions with Venable's Dismas Locaria or Catalyst
Partners' Akmal Ali to briefly ask questions specific to your
company's pursuit of the powerful benefits offered by the
SAFETY Act.
Speaker:
Dismas Locaria
HONORS AND AWARDS
85 Venable attorneys listed in
The Best Lawyers in America®
2013
The Best Lawyers in America recognized a record 85 Venable
attorneys, including 15 attorneys from our Corporate Group. The
lawyers and areas for which they were recognized include:
Michael J. Baader (corporate law, mergers & acquisitions
law),
Constance H. Baker (health care law),
Wallace E. Christner (corporate compliance law),
Bryson L. Cook (corporate law, international trade and finance
law, leveraged buyouts and private equity law, mergers &
acquisitions law, and tax law),
Sharon A. Kroupa (corporate governance law),
Thomas W. France (mergers & acquisitions law),
James J. Hanks, Jr. (corporate governance law, corporate law,
mergers & acquisitions law),
Charles J. Morton, Jr. (corporate law, leveraged buyouts and
private equity law, mergers & acquisitions law, securitization
and structured finance law, technology law and venture capital
law),
Peter P. Parvis (health care law),
Michael D. Schiffer (corporate law),
Joseph C. Schmelter (mergers & acquisitions law),
Eric R. Smith (corporate law),
Thomas D. Washburne, Jr. (corporate law, mergers &
acquisitions law), and
Alan D. Yarbro (corporate law), and
Robert Zinkham (health care law).
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
