Bingham last discussed the Perfect 10 v. Google case in an Alert issued in March 2006. We noted that the district court’s decision1 denying Google’s fair use defense yielded an ironic result: namely, works that were previously available to the public suddenly became unavailable even though Perfect 10’s sale of some of those works was hypothetical.

In 2004, the SEC adopted Investment Company Act Rule 38a-1 "to protect the chief compliance officer from undue influence by fund service providers seeking to conceal their or others’ non-compliance with the federal securities laws."

A transition issue under revised Article 9 of the Uniform Commercial Code may require special attention by our lender clients who make secured loans.

On September 19, 2007, the Securities and Exchange Commission adopted a temporary rule that provides limited relief to firms registered as investment advisers under the Investment Advisers Act of 1940 and as broker-dealers under the Securities Exchange Act of 1934 from the principal trading limitations of Section 206(3) of the Advisers Act.

It has been a couple of rough months for the EU:What does this uncertainty mean to the telecommunications industry

In the last month, two federal district courts in California have dismissed shareholder derivative complaints alleging backdating of stock options for failure to plead demand futility with the necessary particularity: In re CNET Networks, Inc. Shareholder Derivative Litigation, 2007 WL 1089690 (N.D. Cal. April 11, 2007) and In re Computer Sciences Corporation (CSC) Derivative Litigation, No. CV 06-05288 MRP (Ex) (C.D. Cal. March 26, 2007).

Federal commissioners have long chafed under the requirements of the Government in the Sunshine Act. The concern has been particularly acute at the Federal Communications Commission. In a bipartisan letter released February 2, Chairman Michael Powell and Commissioner Michael Copps urged the House and Senate Judiciary Committees to amend the act’s "open meetings" requirement.

One of the primary advantages of purchasing assets in a sale under Section 363 of the Bankruptcy Code is that a prospective purchaser can acquire the assets "free and clear of any interest" in the assets if the sale complies with Section 363(f).

The Advance Pricing Agreement (APA) Program’s resource challenges are well-known.

On February 9, 2007, the Practicing Law Institute sponsored the Securities and Exchange Commission ("SEC") Speaks 2007, in which SEC staff members and commissioners discussed the forthcoming year in securities regulation.

The United States Supreme Court ruled yesterday, in “Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.,” that investors cannot state a claim for violation of §10(b) of the Securities Exchange Act of 1934 unless they relied on statements or representations made by the defendant.

The devastation wrought by the hurricanes Katrina, Rita and Wilma serves as a harsh reminder of how nature can disrupt lives and businesses. Businesses suffer not only the loss of property, but the interruption of their operations, sometimes long after the debris has been swept away.

Outside corporate directors have been the targets of recent highly publicized cases in which shareholders and regulators have sought to hold them personally liable beyond available insurance, not for their participation in fraud, but rather for allegations of negligent oversight.

On August 8, the President signed the Energy Policy Act of 2005 (the "Act") into law. The Act will dramatically modify the regulation of the sale and transmission of electric power throughout the U.S.

In the past three months, two federal district court judges in Massachusetts have issued rulings in cases alleging that mutual fund investment advisers and their affiliates have charged excessive fees. In both cases, the district court denied a motion to dismiss a claim for excessive fees (advisory fees in one case, and advisory and distribution fees in the other case).

On September 27, 2013, the State Council, the government’s top policy-making body, released new rules to govern the Shanghai Pilot Free Trade Zone.