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Pillsbury Pillsbury Pillsbury
Pillsbury

Publications Search Results

Type: Bylined Article

276 items found. Search Again.

Bylined Article
8/19/2014
English Contract Law and Oral Contracts - Your Word May Still Be Your Bond
Author: Raymond L. Sweigart

Verbal contracts have their place in English law
Whether it was American movie mogul Samuel Goldwyn or the Australian/Irish politician Bryan O’Loghlen who first said, ‘A verbal contract isn’t worth the paper it’s written on’, with all due respect, they did not have this quite right and recent case law confirms they actually had it quite wrong, at least under English law. A contract forms once the parties have, to all outward appearances, agreed the same terms on the same subject matter, normally through offer and acceptance (Air Studios (Lyndhurst) Limited T/A Entertainment Group v Lombard North Central PLC [2012]). However, many who negotiate commercial contracts often assume that there is a further requirement of formality and they are not bound unless and until the agreement is reduced to writing and signed by the parties. This is not true, oral contracts most certainly exist, and they are certainly enforceable with a few exceptions, and have been for a very great number of years.

Bylined Article
8/13/2014
How to Fix the Amendment Fallacy
This article was originally published in Managing Intellectual Property on April 28, 2014.
Authors: Patrick A. Doody

The Patent Trial and Appeal Board has made it hard for patent owners to amend their claims. Patrick Doody outlines the problems this causes and how to fix them.

Bylined Article
8/8/2014
The EU Article 29 Working Party's Guidance on the "Legitimate Interest" Ground for Processing Personal Data
This article was originally published in World Data Protection Report on June 7, 2014.
Author: Steven P. Farmer
Bylined Article
8/8/2014
Redskins Ruling is Consistent with TTAB Precedent
This article was originally published in Law360 on July 29, 2014
Authors: Patricia Cotton

In Blackhorse v. Pro-Football Inc.,1 the U.S. Patent and Trademark Office once again canceled various registrations for trademarks used by the Washington Redskins football team as being disparaging to Native Americans. While this highly publicized decision may have taken some by surprise, the holding is in line with several other recent PTO decisions involving the Lanham Act’s prohibition on the registration of disparaging marks, decisions which received far less media attention and public comment.

Bylined Article
8/6/2014
OECD Calls for Higher Focus on Outsourcing, IT and Supplier Risk
Source: Outsource Magazine
Author: Tim Wright

This article was originally published in Outsource Magazine on July 29, 2014.

Bylined Article
8/6/2014
There Oughta Be A Law (Well, Maybe)
Source: FoxBusiness.com
Author: Brian E. Finch

This article was originally published on FoxBusiness.com on July 30, 2014.

Bylined Article
7/30/2014
Using Words To Battle Cyber Losses
This article was originally published in the Wall Street Journal: CIO Journal on June 23, 2014.
Author: Brian E. Finch
Words matter when it comes to cybersecurity.

Bylined Article
July 2014
Appellate Division Review
Source: New York Law Journal
Authors: Frederick A. Brodie, The Honorable E. Leo Milonas

As they have done each quarter since 2006, Pillsbury partners Fred Brodie and Leo Milonas look back on the previous quarter and highlight a few products of the Appellate Division's work.

Bylined Article
7/22/2014
The Admiral Sets A Good Course
This article was originally published on The Huffington Post on June 20, 2014.
Authors: Brian E. Finch
Admiral Mike Rogers, the new leader of the National Security Agency and Cyber Command at the Defense Department, certainly has taken a different approach from his predecessor, General Keith Alexander. Right out of the gate, Admiral Rogers noted that the NSA had a public image issue and that it had lost some of its credibility with the American public.

Bylined Article
June 2014
Oil Regulation 2014 - United States
Source: Getting the Deal Through
Authors: Robert A. James, Stella Pulman

Energy partner Robert A. James and senior environment, land use & natural resources associate Stella Pulman co-author this article, in which they describe the key commercial aspects of the U.S. oil sector; national energy policies; major laws concerning production activities, reservoir ownership and mineral rights; environmental, health and safety regulations; and other issues affecting the oil industry.

Bylined Article
6/20/2014
Rethinking Cyber Defense
Source: Fox Business.com
Authors: Brian E. Finch

This article was originally published on Fox Business.com on June 20, 2014.

Bylined Article
2014
Hallmarks of Infrastructure Success
Authors: Robert A. James

Reprinted with permission from the Bay Area Council Economic Institute, 2014.

Bylined Article
June 2014
Aviation Finance & Leasing 2014 – United States
Source: Getting the Deal Through
Author: Thomas A. Zimmer

Finance partner and co-leader of Pillsbury's Transportation Finance Group, Thomas A. Zimmer, authors this article, in which he provides a comprehensive overview of the U.S. aviation finance arena, including major air law treaties and U.S. domestic legislation and regulations, in the context of finance and leasing; registration of aircraft ownership; aircraft security; and a myriad of topics of interest to the aircraft finance and aviation industries.

Bylined Article
June 2014
Aviation Finance & Leasing 2014 - Aircraft Mortgages – English Law or New York Law?
Source: Getting the Deal Through
Authors: Thomas A. Zimmer, Dominic E. Pearson

Finance partner and co-leader of Pillsbury's Transportation Finance Group, Thomas A. Zimmer, and San Francisco-based law clerk Dominic Pearson co-author this article highlighting some of the issues to consider when some choosing either New York law or English law to govern an aircraft mortgage, including validity and filing requirements, enforceability concerns and priority against third parties.

Bylined Article
June 2014
The For-Profit Entity's Guide to Doing Business with Nonprofit Organizations
Source: ACC Docket
Authors: Jerald A. Jacobs

This article was originally published in the June 2014 issue of ACC Docket, published by the Association of Corporate Counsel.

Bylined Article
May 2014
The Maturing Marketplace for eDiscovery Services and Tools
Authors: David L. Stanton

Pillsbury litigation partner David Stanton wrote the following preface for the "Focused Discovery" e-book by Mindseye Solutions.

Bylined Article
May 2014
Cuba Embargo Continues to Present Risks for Travel Cos.
Source: Law360
Authors: Nancy A. Fischer, Aaron R. Hutman, Stephanie J. Rohrer

This article was originally published in Law360 on May 9, 2014.

Bylined Article
April 2014
China GC Agenda: Revised Trademark Law and Intellectual Property Management
Source: Practical Law
Authors: Mark Fu

This article was published in the April 2014 issue of China GC Agenda, published by Practical Law.

Bylined Article
4/30/2014
Produce Documents 'Subject To' Objections At Your Own Risk
Source: Law360
Authors: Frederick A. Brodie

This article was originally published in Law360 on April 30, 2014.

Bylined Article
4/22/2014
Is the Law Prepared for De-Extinction?
Source: Daily Journal
Authors: Norman F. Carlin

This article was originally published in the San Francisco Daily Journal on April 22, 2014.

Bylined Article
4/7/2014
California Quakes Should Shake Off Policyholder Complacency
Source: Law360
Authors: Kimberly Buffington, Alyson R. Parker, Robert L. Wallan

This article was originally published in Law360 on April 7, 2014.

Bylined Article
March 2014
New York Employers Face Far-Reaching Employment Law Changes
Source: Employee Benefit Plan Review
Authors: Teresa T. Lewi, Kenneth W. Taber

This article was originally published in 68 Employee Benefit Plan Review No. 9 (March 2014).

Bylined Article
March 2014
From a Sea of Data to Actionable Insights: Big Data and What it Means for Lawyers
Source: Intellectual Property & Technology Law Journal
Authors: John L. Barton, Michael Murphy

This article was originally published in 26 Intellectual Property & Technology Law Journal No. 3, March 2014, at 8.

Bylined Article
March 2014
"When Is an Invention That Was Obvious to Try Nevertheless Nonobvious?"
Source: The Federal Circuit Bar Journal
Authors: George M. Sirilla

This article was originally published in Volume 23, Number 3 (March 2014) of The Federal Circuit Bar Journal by the Federal Circuit Bar Association, and was published again in Volume 31, Number 8 (August 2014) of The Computer & Internet Lawyer.

Bylined Article
3/14/2014
NY Court Weighs in on Ambiguous Deductible Terms
Source: Law360
Authors: Joseph D. Jean, Teresa T. Lewi

This article was originally published in Law360 on March 14, 2014.

Bylined Article
2014
HTC v Nokia: A Brief Comparison of UK and US Exhaustion/First Sale Doctrines
Source: Computer and Telecommunications Law Review and European Intellectual Property Review
Authors: Paul A. Harris

This article was originally published in the Issue 2, 2014 of Computer and Telecommunications Law Review and Issue 4, 2014 of European Intellectual Property Review.

Bylined Article
2/27/2014
Remain Vigilant: Managing Cybersecurity Risks in Third-Party Outsourcing Relationships
Source: Corporate Compliance Insights
Authors: Meighan E. O'Reardon, Aaron M. Oser

This article was originally published on February 27, 2014 and is reprinted with permission from Corporate Compliance Insights.

Bylined Article
February 2014
Personal Data Transfers from the European Economic Area: Binding Corporate Rules Emerge as Increasingly Attractive Option
Source: World Data Protection Report (Bloomberg BNA)
Authors: Rafi Azim-Khan, Steven P. Farmer

This article was originally published in the February 2014, Volume 14, Number 3 issue of Bloomberg BNA's World Data Protection Report.

Bylined Article
2/13/2014
Repeal of Third Party Harassment Provisions in the Equality Act 2010
Source: Sourcingfocus.com
Authors: Tim Wright, Amina Adam

This article was originally published in Sourcingfocus.com on February 13, 2014.

Bylined Article
2/2/2014
A Contract Made in Two Places at Once?
Source: Sourcingfocus.com
Authors: Tim Wright, Tania L. Williams

This article was originally published in Sourcingfocus.com on February 2, 2014.

Bylined Article
January 2014
Don’t Settle a Preference Case on the Basis of Unpaid New Value
Source: Pratt's Journal of Bankruptcy Law
Authors: Patrick J. Potter, Jerry L. Hall, Dania Slim

This article was originally published in the January 2014 issue of Pratt's Journal of Bankruptcy Law.

Bylined Article
January 2014
How to Permit Your Mammoth: Some Legal Implications of "De-Extinction"
Source: Stanford Environmental Law Journal and Daily Journal
Authors: Norman F. Carlin, Tamara T. Zakim

This article was originally published in the Stanford Environmental Law Journal, Volume 33, Number 1, January 2014. An updated version of the article was published in the Daily Journal on April 22, 2014.

Bylined Article
December 2013
United States Anti-Money Laundering Efforts in 2013
Source: E-Finance & Payments Law & Policy
Authors: Raymond L. Sweigart, Aaron R. Hutman, Stephanie J. Rohrer

This article was originally published in the December 2013 issue of E-Finance & Payments Law & Policy.

Bylined Article
December 2013
Big Data and Cloud Solutions: Implications for Sourcing
Source: Practical Law
Authors: John L. Barton, Michael Murphy

This article was originally published in Practical Law Company's "Outsourcing Multi-Jurisdictional Guide 2013/14."

Bylined Article
12/18/2013
Reduce the Risk of Your Information-Sharing Program
Source: American Society of Association Executives
Authors: Alvin Dunn

This article was originally published in the American Society of Association Executives’ Association Law & Policy newsletter on December 18, 2013.

Bylined Article
Winter 2013
Impact of Supreme Court Pro-Employer Title VII Decisions Blunted by State Laws
Source: Employee Relations Law Journal
Authors: Julia E. Judish, Ellen Connelly Cohen, Keith D. Hudolin

This article was originally published in Vol. 39, No. 3, Winter 2013 issue of Employee Relations Law Journal.

Bylined Article
12/5/2013
Social Media Buskers Told to Change Their Tune
Source: Intellectual Property Magazine
Authors: James R. Tumbridge, Robert E. Peake

This article was originally published in Intellectual Property Magazine on December 5, 2013.

Bylined Article
December 2013
California Oil and Gas Law
Source: The Oil and Gas Law Review
Authors: Robert A. James, Margaret Rosegay

Co-head of Pillsbury's energy industry team Robert A. James authored this chapter in the new publication The Oil and Gas Law Review. Rob, with extensive contributions by Pillsbury environmental partner Margaret Rosegay, describes the general principles for exploration and production of oil and gas in California and the complex commercial, land use and environmental regulations applicable to operations in the Golden State. A special focus is on the debate over the expansion of hydraulic fracturing to access vast additional quantities of hydrocarbons in the Monterey Shale.

Bylined Article
November 2013
Final Wellness Regulations Create New Program Categories and Complications
Source: Employee Benefit Plan Review
Authors: Christine L. Richardson, Thomas N. Makris, Matthew C. Ryan

This article was originally published in Vol. 68, No. 5, November 2013 issue of Employee Benefit Plan Review.

Bylined Article
November/December 2013
Bankruptcy Issues in Trademarks
Source: IP Litigator
Authors: Samuel S. Cavior, Richard L. Epling, Philip S. Warden

This article was originally published in IP Litigator, Volume 19, Number 6, November/December 2013.

Bylined Article
November 2013
FATCA Starts to Become Visible for Multinational Companies - Part 1
Source: Benefits & Compensation International
Authors: James P. Klein

This article was originally published in the November 2013 issue of Benefits & Compensation International.

Bylined Article
November 2013
U.K. Court of Appeal’s Award of Compensation for Distress to an Individual Following a Breach of the Data Protection Act: Opening the Floodgates for Claims by Individuals?
Source: World Data Protection Report
Authors: Steven P. Farmer

This article was published in World Data Protection Report, November 2013, published by Bloomberg BNA (www.bna.com).

Bylined Article
November 2013
Shanghai Business Review: Market Entry - Raising VC Money in the US
Source: Shanghai Business Review
Authors: Thomas M. Shoesmith

Ambitious Chinese start-ups in need of funding are advised to look to the US, where venture capital firms are increasingly willing to make investments.

Bylined Article
11/15/2013
U.S. Sanctions Update
Remaining Sanctions Manageable
Source: Thai-American Business
Authors: Aaron R. Hutman, Christopher R. Wall

This article was originally published in Volume 5/2014 of Thai-American Business, a journal by the American Chamber of Commerce in Thailand.

Bylined Article
11/13/2013
Texas One Major Step Closer To Efficient GHG Permitting
Source: Law360
Authors: Anthony B. Cavender, Amanda G. Halter

On Nov. 8, 2013, the Texas Commission on Environmental Quality’s proposed new greenhouse gas permitting rules were published in the Texas Register (see 38 Tex. Reg. 7845-7925). Now that these comprehensive new stationary-source greenhouse gas (GHG) emissions permitting rules have been formally proposed by the agency, the current bifurcated air permitting regime — in which major stationary sources apply to the U.S. Environmental Protection Agency Region 6 for their GHG permits and to TCEQ for non-GHG permits — is a major step closer to ending.

Bylined Article
11/12/2013
Property Insurance Issues Linger at Sandy's One-Year Mark
Source: New York Law Journal
Authors: Joseph D. Jean, Matthew D. Stockwell

Superstorm Sandy devastated the east coast last Oct. 29, causing billions of dollars of damage to New York. Businesses suffered extensive property and business interruption losses. As the one-year anniversary of the storm has just passed, businesses and communities are still struggling with their insurers while trying to get back on their feet. This article addresses some of the key issues that policyholders affected by Sandy need to consider at this one-year juncture.

Bylined Article
Fall 2013
Recent Developments in Property Insurance Coverage Litigation
Source: Tort Trial & Insurance Practice Law Journal
Authors: James P. Bobotek

This article was originally published in Tort Trial & Insurance Practice Law Journal, Fall 2013 (49:1).

Bylined Article
Fall 2013
New Amendments to UCC Article 9 Now Effective in Most Jurisdictions
Source: The Real Estate Finance Journal
Authors: Thomas Klaus Gump, George P. Haley, Lynn A. Soukup

This article was originally published in the Fall 2013 issue of The Real Estate Finance Journal.

Bylined Article
October 2013
How Trade Mark Defendants are Winning from MedImmune
Source: Managing Intellectual Property
Authors: Bobby Ghajar, Carolyn S. Toto

This article originally appeared in the October 2013 issue of Managing Intellectual Property.

Bylined Article
10/4/2013
Maximizing Recovery for Superstorm Sandy Claims
Source: New Jersey Law Journal
Authors: Joseph D. Jean, Matthew D. Stockwell, Danielle Vrabie

This article was originally published in the New Jersey Law Journal on October 4, 2013.

Bylined Article
10/3/2013
As Sandy Anniversary Nears, Recovery Window Closing in Some Policies
Source: New York City Hospitality Alliance blog
Authors: Joseph D. Jean, Matthew D. Stockwell

This article was originally published on the New York City Hospitality Alliance’s blog on October 3, 2013.

Bylined Article
10/3/2013
Things To Consider Before Counseling During Deposition
Source: Law360
Authors: Marley Degner, Laura C. Hurtado

This article was originally published in Law360 on October 3, 2013.

Bylined Article
10/1/2013
Post-Grant Proceedings: The Year Behind And The Year Ahead
Source: Law360
Authors: Patrick A. Doody

This article was originally published in Law360 on October 1, 2013.

Bylined Article
10/1/2013
The Sanity Clause: "Drafting a Better Severability Clause"
Source: Corporate Counsel
Authors: Eric Fishman, Robert A. James

This article was originally published on October 1, 2013 in Corporate Counsel.

Bylined Article
9/30/2013
5 Do's and Don'ts in Post-Grant Proceedings
Source: Law360
Authors: Patrick A. Doody

This article was originally published in Law360 on September 30, 2013.

Bylined Article
9/30/2013
100 Years of the Tax Code: 100 Tax Quotes
Source: Tax Notes
Authors: Jeffery L. Yablon

Pillsbury tax partner Jeffery Yablon authored an article that was published in Tax Notes, the leading publication for tax professionals. Entitled "100 Years of the Tax Code: 100 Tax Quotes," the article presents quotes from the 10th edition of his book, "As Certain As Death: Quotations About Taxes."

Bylined Article
September 2013
Insurance Coverage Law Report: Hurricane Season is Here - Is Your Insurance Program Ready for the Next Storm?
Source: Insurance Coverage Law Report
Authors: James P. Bobotek

This article was originally published in the September 2013 issue of Insurance Coverage Law Report.

Bylined Article
September 2013
Helicopter Operating Leasing Comes of Age
Source: Airfinance Annual 2013/2014
Authors: Thomas A. Zimmer

This article was published in Airfinance Annual 2013/2014 by Euromoney Institutional Investor.

Bylined Article
October 2013
Dealing with Civil Investigative Demands from the CFPB: Rules, Response, and Practice Considerations
Source: The Banking Law Journal
Authors: Rebecca Tierney, Joseph T. Lynyak, III
This article was originally published in the October 2013 issue of The Banking Law Journal.
Bylined Article
9/12/2013
Japanese Companies Face More and More Antitrust Scrutiny in U.S.
Source: Law360
Authors: Fusae Nara, Jacob R. Sorensen, Lindsay A. Lutz

This article was originally published in Law360 on September 12, 2013.

Bylined Article
9/11/2013
Minimizing Anti-Corruption Deal Risk While Maximizing Returns on Venture Capital Investments
Source: The FCPA Report
Authors: G. Derek Andreson, Thomas M. Shoesmith, Marc H. Axelbaum, Ryan R. Sparacino

More and more, venture capital firms are investing in start-ups seeking to expand internationally or with nascent cross-border operations in place. Such investments offer opportunities for lucrative returns but also carry significant anti-corruption risk that VC firms are often ill-equipped to manage. For many businesses, managing anti-corruption risk is a necessary cost center. But VC firms are uniquely positioned to use that risk to drive a better deal and gain greater control over management and direction of the business.

Bylined Article
September 3, 2013
Should Statutory Damages Be Covered? Many Courts Say Yes
Source: Law360
Authors: Rene L. Siemens, David L. Beck

This article was originally published in Law360 on September 3, 2013.

Bylined Article
August 2013
Legal Characteristics of U.S. Oil and Gas Interests and the U.S. Oil and Gas Lease
Source: Sekiyu Kaihatsu Jihou
Authors: Dan LeFort, John G. Mauel, Jay C. Stiffler

This article first appeared in the August 2013 issue of the journal Sekiyu Kaihatsu Jihou.

Bylined Article
8/27/2013
CFIUS Issues in China
Source: International Financial Law Review
Authors: Christopher R. Wall

Through the Committee on Foreign Investment in the U.S. (CFIUS), the president has authority to review and investigate transactions involving the acquisition of a U.S. business by a foreign entity. He is also permitted to investigate the effect of these transactions on national security.

Bylined Article
8/26/2013
The Serious Business of Appealing a Sanctions Order
Source: New York Law Journal
Authors: The Honorable E. Leo Milonas, Frederick A. Brodie

This article was originally published in the New York Law Journal on August 26, 2013.

Bylined Article
8/21/2013
The Sanity Clause: "Arbitration Clauses That Avoid Arbitrability Disputes"
Source: Corporate Counsel
Author: Eric Fishman

This article was originally published on August 21, 2013 in Corporate Counsel.

Bylined Article
August 2013
Legal Considerations for Captive Claims
Source: Risk Management Magazine
Authors: Jeffrey A. Kiburtz

While captive insurance companies can serve very useful purposes, the benefits can be difficult to realize in certain situations, especially when companies expect them to function as “plug-and-play” solutions. Much of the preliminary interest in captives comes from the prospect of decreased insurance costs and tax benefits. However, the dual requirements of “risk shifting” and “risk distribution” can, depending on the structure envisioned, eliminate the possibility of tax savings. Further, the initial savings on insurance premiums can be diminished by transaction and claims administration costs. While deterrents to some, many companies find workable solutions to these issues and move forward to run successful captive programs.

Bylined Article
7/23/2013
Legal Ease: Sun and Wind Power
Authors: Stephen Jurgenson

This article was originally published in Funds Global MENA on July 23, 2013.

Bylined Article
7/23/2013
The Sanity Clause: "Drafting A Better 'Best Efforts' Clause"
Source: Corporate Counsel
Authors: Eric Fishman, Aubrey D. Charette

This article was originally published on July 23, 2013 in Corporate Counsel.

Bylined Article
7/22/2013
Help Clients Insure Against Cyberattacks
Source: Texas Lawyer
Authors: Vincent E. Morgan

This article was originally published in the July 22, 2013 issue of Texas Lawyer.

Bylined Article
7/19/2013
A Developing Circuit Split Over Vertical Restraints?
Source: Law360
Authors: Andrew D. Lanphere

This article was originally published in Law360 on July 19, 2013.

Bylined Article
7/18/2013
New Texas Laws Will Boost The State's Energy Industry
Source: Law 360
Authors: Anthony B. Cavender, Amanda G. Halter, Nicholas M. Krohn

This article was originally published in Law360 on July 18, 2013.

This year’s Texas Legislative session included significant changes on the environmental and energy front. Here, we focus on three new Texas laws with the potential to have significant beneficial impacts to the state’s energy industry.

Bylined Article
June 2013
Mobile Privacy Practices: Recent California Developments Indicate What's to Come
Source: Computer Law Review International
Authors: James Chang, James G. Gatto, Meighan E. O'Reardon

This article was originally published in the June 2013 issue of Computer Law Review International (CRi).

Bylined Article
July 2013
Reconciliation + Regulation = Complication
Source: Risk Magazine
Authors: Mike Pierides, Alistair J. Charleton

An updated version of this article was published in the July 2013 issue of Risk.

Bylined Article
July/August 2013
Financial Crimes Enforcement Network Issues Guidance on Virtual Currency
Source: The Banking Law Journal
Authors: Deborah S. Thoren-Peden, JiJi Park, Amy L. Pierce, Elsa S. Broeker

This article was originally published in the July/August 2013 issue of The Banking Law Journal.

Bylined Article
7/8/2013
Is Freezing Assets Needed to Pay Counsel of Choice Constitutional?
Source: New York Law Journal
Authors: Mark R. Hellerer, Anne C. Lefever

This article was originally published in the New York Law Journal on July 8, 2013.

Bylined Article
June 2013
Infra Investment Opportunities in Brazil
Source: Project Finance International
Authors: Paulo H.C. Varnieri

This article was originally published in the June 2013 issue of Project Finance International.

Bylined Article
6/25/2013
The Sanity Clause: "4 Tips for a Better Liquidated Damages Clause"
Source: Corporate Counsel
Authors: Eric Fishman, Anne C. Lefever

This article was originally published on June 25, 2013 in Corporate Counsel.

Bylined Article
June 2013
Oil Regulation 2013 - United States
Source: Getting the Deal Through
Authors: Robert A. James, Stella Pulman

Co-head of Pillsbury's energy industry team Robert A. James and senior environment, land use & natural resources associate Stella Pulman co-author this article, in which they describe the key commercial aspects of the U.S. oil sector; national energy policies; major laws concerning production activities, reservoir ownership and mineral rights; environmental, health and safety regulations; and other issues affecting the oil industry.

Bylined Article
6/12/2013
FHFA's New Aim at Lender-Placed Insurance
Source: Law360
Authors: Kimberly Buffington, Robert L. Wallan

This article was originally published in Insurance Law360 and Real Estate Law360 on June 12, 2013.

Bylined Article
Summer 2013
New Tax Increases Make Deferral of Compensation a (More) Valuable Benefit for Many Employees
Source: Employee Relations Law Journal
Authors: Howard L. Clemons

This article describes how the new additional Medicare tax, tax on net investment income, higher marginal tax rates, and phase-out and reductions of personal exemptions and itemized deductions make the use of compensation deferral techniques a potentially significant benefit to employees.

Bylined Article
6/10/2013
Oprah's Trademark Woes Provide Cautionary Tale
Source: Daily Journal
Authors: Richard L. Kirkpatrick, Laura C. Gustafson

In “Oprah's Trademark Woes Provide Cautionary Tale,” Pillsbury partner Richard Kirkpatrick and counsel Laura Gustafson discuss the Second Circuit’s decision in Kelly-Brown v. Oprah Winfrey. They examine the problem of using short phrases in connection with primary or secondary brands in advertising and caution how certain phrases could become trademark traps for the unwary, as the Oprah case highlights.

Bylined Article
5/24/2013
The Sanity Clause: "Protect Expectations with an Adequate Assurances Provision"
Source: Corporate Counsel
Authors: Eric Fishman, Sara E. Stinson

This article was originally published on May 24, 2013 in Corporate Counsel.

Bylined Article
5/15/2013
Gays and Conservatives Both Have Exemption Battles With the IRS
Source: Journal of Taxation of Exempt Organizations
Authors: Jeffery L. Yablon

Given the recent news about alleged political bias at the Internal Revenue Service against certain conservative groups, this article, written in 1998 by Pillsbury partner Jeffery Yablon, provides a timely analysis on allegations of bias by the IRS and considers how existing tax rules can be made less vague and subjective.

Bylined Article
5/13/2013
Foreign Authorities Are Cracking Down on Corruption
Source: The National Law Journal
Authors: William M. Sullivan, Jr., Stephen S. Asay, Ryan R. Sparacino
Bylined Article
April 2013
Personal Data Transfers from the European Economic Area: Time to Consider Binding Corporate Rules 2.0
Source: World Data Protection Report
Authors: Rafi Azim-Khan, Steven P. Farmer

What exactly is the ‘"best" solution for an international business needing to handle and transfer personal data across borders?

Bylined Article
4/19/2013
The Sanity Clause: “Drafting a Better Choice-of-Law Clause”
Source: Corporate Counsel
Author: Eric Fishman, Amanda H. Freyre

This article was originally published on May 19, 2013 in Corporate Counsel.

Bylined Article
4/16/2013
Ownership Limits Shackle Local Broadcasting
Source: TVNewsCheck
Author: John K. Hane

In this article, Pillsbury communications counsel John Hane argues that “unless it can find a way to make all of the other players in the television industry smaller, the FCC should throw off archaic broadcast ownership regulations that skew the market against the only television service that is free to Americans who don’t want to pay.”

Bylined Article
4/15/2013
101 Tax Quotes for Tax Day
Source: Tax Notes
Authors: Jeffery L. Yablon

To recognize Tax Day, partner Jeffery Yablon has compiled a collection entitled “101 Tax Quotes for Tax Day.” The quotes presented are from the 10th edition of his book As Certain As Death: Quotations About Taxes, which will be published by Tax Analysts in 2015.

Bylined Article
April 2013
The U.K. Bribery Act, Year One
Source: Security Management
Authors: Raymond L. Sweigart

Companies that conduct business in the United Kingdom should review their existing anticorruption programs in light of the U.K. Bribery Act.

Bylined Article
April 2013
Preparing Living Wills for Bank Holding Companies and Depository Institutions: An Update
Source: The Banking Law Journal
Authors: Rodney R. Peck, Joseph T. Lynyak, III

This article discusses recent developments from the Federal Reserve Board and the Federal Deposit Insurance Corporation regarding the preparation of living wills for bank holding companies and banks required to comply by July 1, 2103 or December 31, 2013.

Bylined Article
3/12/2013
A Modest Proposal: The Discount and Refund-or-Donate Policy
Source: Taxation of Exempts
Author: Jeffery L. Yablon

Despite all of the jokes to the contrary, lawyers as a professional group are remarkably charitable. Unlike plumbers, doctors, electricians, pharmacists, and the myriad of other regulated professionals who enjoy a government-granted monopolistic right to provide services to the public, many lawyers—especially those at large firms—regard themselves as having an obligation to provide services at no cost to worthy individuals and causes. This is known as “pro bono” work, a shortening of the Latin phrase pro bono publico—“for the public good.”

Bylined Article
3/6/2013
Critical Insurance Coverage Issues Emerging in the Wake of Sandy
Authors: James P. Bobotek, Peter M. Gillon, Geoffrey J. Greeves, Vincent E. Morgan

On January 16, 2013, an unprecedented gathering of thought leaders occurred, bringing together senior claim advisors from some of the leading insurance brokers, law firms, consultants, and forensic accountants. The purpose of the meeting was to catalogue and analyze the most significant coverage issues currently being confronted by businesses as a result of Superstorm Sandy. The most salient issues discussed are memorialized in this report.

Bylined Article
3/1/2013
Fracing and The Environment
Source: Oil & Gas Monitor
Authors: Brad Raffle

The broad expansion of onshore oil and gas production in the nation’s numerous shale formations has created an expansion of federal, state and local laws to address the environmental issues associated with this production. The new drilling techniques being employed to capture oil and gas from the nation’s shale formations, primarily hydraulic fracturing and horizontal drilling, are subject to a wide array of environmental laws to protect groundwater, surface water, the atmosphere and sensitive natural resources such as wetlands and wildlife. This article highlights some of the most important federal environmental regulations being developed to address these impacts.

Bylined Article
2/20/2013
Expanding Reach of Sherman Act Draws Criticism
Source: Law360
Authors: Jacob R. Sorensen, George Chikovani

A major development in antitrust law over the last 25 years has been the adoption and increased enforcement of antitrust laws by jurisdictions around the world, and particularly the prosecution of international price-fixing cartels. While cartel enforcement was once pursued almost solely by U.S. regulators and in U.S. courts, today any large-scale cartel activity typically attracts the attention of regulators from several countries. For example, a cartel in the vitamins market led to enforcement actions by authorities in the U.S., Canada, the EU, Korea, Australia, Brazil and Mexico. Investigations in markets ranging from marine hose to air cargo have involved different combinations of the same cast of characters, as well as others such as Japan and New Zealand.

Bylined Article
February 7, 2013
Next TV Standard Must Be Truly Universal
Source: TVNewsCheck
Author: John K. Hane

What if you could buy a 50-inch television, mount it anywhere in your house, and receive dozens of channels on it for free and without any futzing around? What if most or all broadcast signals, in their native form, were easily receivable on tablets and smartphones?

Bylined Article
January 2013
European Parliament Rapporteur Albrecht Proposes Key Amendments to the Commission’s Draft Data Protection Regulation
Source: Bloomberg BNA
Authors: Steven P. Farmer

In December 2012, Jan Philipp Albrecht, a Rapporteur for the European Parliament, released a draft report (the ‘‘Report’’) on the European Commission’s proposed EU Data Protection Regulation (the ‘‘Draft Regulation’’), which is intended to replace the existing legislative framework that has been in place in the European Union since 1995 (see analysis at WDPR, February 2012, page 4).

Bylined Article
10/31/2012
Tips for the Occasional Swap Counterplay: Learn to Navigate the Regulatory Web
Source: Reuters Accelus
Authors: Jeffrey Stern, Jeanne Naughton-Carr

A raft of new regulations mandated by Title VII of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) are just coming into effect and will substantially restructure the swaps and derivatives markets, with implications even for end users exempt from some major provisions.

Bylined Article
October 2012
Nuclear Export Controls
A Comparative Analysis of National Regimes for the Control of Nuclear Components and Technology
Authors: James A. Glasgow, Stephen L. Markus, Elina Teplinsky

Commercial nuclear companies that export goods and services from the United States have long pointed to the U.S. nuclear export control system as a major competitive disadvantage as they compete with their counterparts in nuclear supplier nations such as the Russian Federation, Japan, the Republic of Korea (ROK) and France.

Bylined Article
September - October 2012
International Trade Obstacles to Fukushima Recovery
Authors: Yukinori Machida, Stephen L. Markus, Elina Teplinsky

In the wake of the devastating earthquake and tsunami that crippled Japan’s Fukushima Daiichi nuclear power facility in March 2011, the international nuclear industry not only has studied the incident and begun to apply lessons learned, but also has actively provided supplies and assistance to support the recovery efforts of Tokyo Electric Power Co. (TEPCO). Within days of the disaster, experts from the nuclear industries of the United States and other countries arrived in Japan and began to assist TEPCO with recovery measures. In addition to sending expert volunteers, the industry has contributed a wide array of critical supplies, including safety equipment, radiation-monitoring devices and robotic surveillance systems.

Bylined Article
October 2012
A "Perfect Storm" of Data Law Changes; Are You Ready for a 2% of Global Turnover Fine?
Authors: Rafi Azim-Khan

Recent months and the EU January announcement have seen very major data protection law changes that affect not just UK or EU companies but any companies (particularly US) which are deemed to be caught by “processing” EU data.

Bylined Article
10/15/2012
Presidential Quotes About Taxes
Source: Tax Notes
Authors: Jeffery L. Yablon

Jeffery Yablon authored an article that was published in Tax Notes, the leading publication for tax professionals. Entitled "Presidential Quotes About Taxes," the article presents quotes from the 10th edition of his book, "As Certain As Death: Quotations About Taxes." The individuals quoted are all past presidents.

Bylined Article
9/28/2012
How to Buy Cyberinsurance
Authors: David L. Beck, Rene L. Siemens

Exposure to network and data security breaches has grown exponentially in recent years, and the market for insurance to cover this risk has grown just as fast. With policies sold under names like "cyberinsurance," "privacy breach insurance" and "network security insurance,” the market for this coverage often seems chaotic, with premiums and terms varying dramatically from one insurer to the next. So before buying or renewing a cyberinsurance policy, it is crucial to understand what you are being offered and how to bargain for what you need.

Bylined Article
8/9/2012
Proposed CEQA Guidelines Seek to Expedite Infill Development Reviews
Source: The Daily Journal
Authors: Norman F. Carlin, David R. Farabee, Stacey C. Wright, Marne S. Sussman
Last year, the state Legislature enacted Senate Bill 226 to streamline review of infill development projects under the California Environmental Quality Act, or CEQA. CEQA is a cornerstone of environmental protection in California, requiring public agencies to evaluate the impacts of projects they undertake or approve, consider alternatives and adopt mitigation measures if feasible. However, developers and local governments have long complained that the CEQA process is expensive, time-consuming and allows NIMBY opponents to wield allegations of environmental effects as a weapon, even against urban, transit-oriented projects that benefit the environment by reducing suburban sprawl, traffic congestion and vehicle pollution. In response to those complaints, SB 226 provides an expedited CEQA process for eligible infill projects and directs the state's Natural Resources Agency to adopt eligibility standards by Jan. 1, 2013. On July 27, the agency issued proposed guidelines for public comment.

Bylined Article
July 2012
The Financial Services Authority
Source: E-Finance & Payments Law & Policy
Authors: Tim Wright

As part of the wider Retail Distribution Review, the Financial Services Authority recently launched a consultation which follows its August 2011 Policy Statement outlining its proposed ban on commission payments by product providers to platform providers and cash rebates to consumers. Tim Wright, a Partner at Pillsbury Winthrop Shaw Pittman LLP, reviews the new rules proposed by the FSA.

Bylined Article
July 2, 2012
Clone Wars: When Does Imitation Become Infringement?
Source: Law360
Authors: James G. Gatto, Sean F. Kane
Video game developers have historically looked to successful games for inspiration. In a case involving the owner of renowned game Tetris, "inspiration" seemed to mirror plagiarism when Xio Interactive Inc. released it’s very similar game, Mino. In the end, a federal district court granted summary judgment to Tetris Holdings stating that the look and feel of Tetris is copyrightable as the expression of the idea distinguishable from the ideas of the game. In its opinion, the court reiterated the well-known refrain that game developers are free to use others' ideas, but not the expression of those ideas.

Bylined Article
6/21/2012
New York's Proposed UCC Amendments: Back to the Future
Source: New York Law Journal
Authors: Frederick A. Brodie, James M. Haddad

This is an article by Fred Brodie and James Haddad regarding New York's proposed UCC Amendments.

Bylined Article
June 2012
Intersections of Bankruptcy Law and Insurance Coverage Litigation
Source: Thomson Reuters' Norton Journal of Bankruptcy Law and Practice, Vol. 21 #2
Authors: Richard L. Epling, Kerry A. Brennan, Brandon R. Johnson

Bankruptcy and insurance law frequently intersect and sometimes conflict. This article addresses the most important of these intersections, including the ability of a debtor to satisfy insured claims by the assignment of coverage proceeds in bankruptcy, the treatment of D&O insurance in bankruptcy, a debtor’s non-payment of a deductible or self insured retention (“SIR”) as a defense to coverage, “buy back” agreements and coverage-in-place settlements in bankruptcy, the ability of insurers and/or debtor-affiliates to obtain third-party releases, insurer insolvency and potential gaps in coverage, and paid-loss retrospective policies and a bankruptcy estate’s bad faith claims. As discussed throughout, this is an area of law that is quickly developing and where several issues remain unsettled.

Bylined Article
2012
Internet Gaming and Indian Country: The Trends and the Strategies
Source: Inside the Minds: Emerging Issues in Tribal-State Relations (2012 Edition)
Authors: Blaine I. Green
For most of the twentieth century, gambling in the United States was confined to the State of Nevada. Much has changed in the last twenty-five years since adoption of federal law expressly authorizing Indian gaming. Today, hundreds of casinos are operated by tribes, on Indian lands throughout the country. Indian gaming accounts for nearly half of the industry.

Bylined Article
May 2012
Oil Regulation 2012 - United States
Getting the Deal Through
Authors: Robert A. James, Stella Pulman
Co-head of Pillsbury's energy industry team Robert A. James and senior environment, land use & natural resources associate Stella Pulman co-author this article, in which they describe the key commercial aspects of the U.S. oil sector, the energy policy, key laws and regulations concerning oil activities, oil reservoir ownership and mineral rights, and oil exploration and production, and health and safety rules, and other issues affecting the oil regulation industry. Reproduced with permission from Law Business Research.

Bylined Article
5/11/2012
Resolving Life Science Collaboration Disputes
Source: Law360
Authors: Kirke M. Hasson
Life science companies frequently collaborate to develop drugs or devices. Some collaboration agreements refer disputes to arbitration. Others are silent so any disputes go to court.

Bylined Article
5/11/2012
I Know What You Watched Last Summer
Source: Law360
Authors: Christine A. Scheuneman, Catherine D. Meyer, Lauren Lynch Flick, Amy L. Pierce, Jennifer So

This Client Alert was republished in Law360 on May 11, 2012.

The Northern District of California continues the series begun by the Seventh Circuit in Sterk v. Redbox Automated Retail LLC, against class actions brought under the federal Video Privacy Protection Act and seeking lucrative liquidated damages simply because a "video tape service provider" retains records of customers' video purchases and rentals past the one-year cut-off.

Bylined Article
May 2012
Restructuring Strategies Can Shield a Business From Future Trouble
Source: Scotsman Guide's Commercial Edition, May 2012
Authors: Deryck A. Palmer
Commercial mortgage brokers can guide clients in the commercial real estate industry to look into how to employ the same approaches used by sound companies in other industries to shield their businesses against liquidity or cash-flow problems down the road. They also can advise clients when seeking rearrangements of contractual terms, pursuing refinancing or making restructuring plans.

Bylined Article
5/7/2012
‘Pippins’ and the Proportionality Debate
Source: The New York Law Journal
Authors: Peter Ostrovski, Wayne C. Matus, John E. Davis

The obligation to preserve potentially relevant documents when litigation is reasonably anticipated is well-settled and, through case law over the past few years, well-known. However, the scope of that obligation is not clear. Should the concept of proportionality apply to preservation obligations? And, if so, how do you apply it?

Bylined Article
5/2/2012
5 Tips for Avoiding Settlement Traps
Source: Corporate Counsel
Authors: Bruce A. Ericson, Frederick A. Brodie

A Bloomberg Law search reveals that more than 1,000 lawsuits have been brought in the past decade for breaches of settlement agreements. To craft a settlement that has staying power, and to avoid buyer’s remorse, both clients and their counsel should learn how to avoid the most common settlement traps.

Bylined Article
April 2012
Fines by UK's Financial Services Authority Show the Importance of Anti-Bribery Policies
Source: Business Law Today
Author: Raymond L. Sweigart

Much has been written about the Bribery Act’s new strict liability corporate offence of failure to prevent bribery and the advisability of having in place a comprehensive anti-bribery policy adopted and enforced by senior company management as the only recognized defence available against the spectre of criminal prosecution and potentially unlimited fines. However, it is not just the criminal prosecutors at the Serious Fraud Office (SFO) but the regulators of the financial services industry in the UK at the Financial Services Authority (FSA) who will be reviewing the adoption and implementation of adequate internal management procedures to combat corporate corruption.

Bylined Article
4/25/2012
Cross-border Restructuring Know-how
Source: The Deal
Authors: Deryck A. Palmer
When businesses in the U.S. face challenges, powerful laws are available that permit both operational and financial restructuring. By contrast, European and other global businesses are largely stuck with a model based on business cessation and asset liquidation. Can U.S.-style restructuring practices be used to help right the global economy?

Bylined Article
2012
Gas Regulation 2012 - United States
Source: Getting the Deal Through
Authors: Michael S. Hindus, Robert A. James, Julie H. Mayo
Co-head of Pillsbury's energy industry team Robert A. James, Energy and Infrastructure Projects partner Michael Hindus and Energy and Infrastructure Projects senior associate Julie D. Hutchings co-author this article, in which they describe the domestic natural gas sector, including the natural gas production, liquefied natural gas (LNG) storage, pipeline transportation, distribution, commodity sales and trading segments and retail sales and usage.

Bylined Article
3/12/2012
Lessons Learned from the Market Shift
Source: Hotel News Now
Authors: Christian A. Salaman
2011 was a turning point. The first half was frothy as real-estate investment trusts gobbled up properties at apparent premiums. The second half slowed, but all the data and bar room stories demonstrated a continued deal flow among private investors. So deals definitely returned in 2011. But people also were constantly talking about a "paradigm shift" and a new environment.

Bylined Article
February 2012
Federal Circuit Provides Roadmap for Patent Actions at the ITC by Non-Practicing Entities
Source: Intellectual Property & Technology Law Journal
Authors: Evan Finkel
A recent case decided by the Federal Circuit related to the "domestic industry" requirement for maintaining a patent infringement action at the International Trade Commission was not directed at non-practicing entities. However, the decision in John Mezzalingua Associates, Inc. v. International Trade Commission does have important implications as to NPEs that resort to district court litigation against a few test subjects to establish a "domestic industry" that might open the doorway at the ITC to sue dozens of companies.

Bylined Article
February 2012
PLI’s Intellectual Property Institute 2010 - Bankruptcy Issues in Copyright
Authors: Ana N. Damonte, Philip S. Warden

Software licenses are copyright licenses. The license specifies the extent to which “copying” is permitted under the license. In this article, we address various bankruptcy issues related to computer software, computer software licenses and other intellectual property assets. First, we provide basic background applicable to licensor/licensee bankruptcies. Second, we discuss the Intellectual Property Bankruptcy Protection Act of 1988 (Bankruptcy Code Section 365(n), including identification of risk and potential strategies for minimizing those risks. Third, we consider issues relating to the assumption of technology licenses by debtor-licensees. Fourth, we provide an overview of benefits and risk of working with a financially troubled licensor. Fifth, we discuss the necessity of perfecting security interests. Lastly, we discuss the dischargeability of copyright infringement judgments (and other IP infringement judgments) in bankruptcy.

Bylined Article
1/26/2012
An Introduction to Stock & Options for the Tech Entrepreneur or Startup Employee
Authors: Mike Sullivan, David Weekly (edited by Mike Sullivan)
"You'd like to start a company or join a tech startup? You didn't go to business school? Frankly, most MBA programs won't teach you much about what goes in to actually making a startup. Most of what you need to know you learn "on the job" as you're founding your first business, which can be downright scary when you're in an environment with people who have seen a thousand people just like you and understand all the subtleties and lingo and incentives and laws."

Bylined Article
January 2012
Will New Second Class Status for Copyright's First Sale Doctrine Drive Production Offshore?
Source: Intellectual Property & Technology Law Journal
Authors: Evan Finkel
Intellectual property partner Evan Finkel discusses the implications of a recent Second Circuit decision regarding the copyright first sale doctrine that may have far-reaching influence on the activities of US copyright owners, possibly causing the largest and most prestigious of them to move offshore their manufacturing and publishing operations.

Bylined Article
1/3/2012
Recent SEC Guidance on Cybersecurity Disclosure Obligations
Source: Bloomberg Law Reports
Authors: Vincent E. Morgan, Kathryn Pavlovsky
In response to stakeholder petitions and Congressional requests seeking improvements in corporate risk disclosures the Securities and Exchange Commission (SEC) has been active in issuing guidance to enhance disclosure obligations. This article co-authored by Pillsbury Insurance Recovery & Advisory partner Vincent Morgan discusses how the recent guidance on disclosures concerning cybersecurity risks presents both a cost and an opportunity.

Bylined Article
Winter 2011
Minimizing the Impact of the National Environmental Policy Act on Public-Private Ventures
Source: Real Estate Finance Journal
Authors: Jeffrey A. Knight, William A. Wilcox Jr.

In this article, Pillsbury Environment, Land Use & Natural Resources senior associate William A. Wilcox, Jr. and partner Jeffrey A. Knight address the impact of the National Environmental Policy Act (NEPA) on public-private ventures (PPVs). They demonstrate that early planning and coordination is essential in order to make use of opportunities to streamline and expedite the NEPA review process for PPV projects while ensuring adequate protections against legal challenges.

Bylined Article
11/22/2011
Maintaining Employee Privacy Across Jurisdictions
Source: Employment Law360
Authors: Scott E. Landau, Bradley A. Benedict

Employers collect a substantial amount of personal information about their employees. Companies need to be aware of their obligations under the profusion of data protection laws and regulations that govern the collection, use and transfer of personal information. This is an especially daunting task for companies that have operations subject to the laws of multiple jurisdictions, as requirements vary widely from country to country and even from state to state. In this article, Executive Compensation & Benefits partner Scott Landau and associate Bradley Benedict summarize some basic concepts executives, inside counsel and human resource managers should consider under current data privacy laws.

Bylined Article
Fall 2011
The New Rules Governing Real Property Leasing by GSA
Source: Government Leasing News
Authors: Alex D. Tomaszczuk, Daniel S. Herzfeld
Pillsbury Governments Contracts & Disputes attorneys Alex Tomaszczuk and Daniel Herzfeld explain why any entity leasing real property to the General Services Administration needs to become familiar with GSA's new regulations governing such leasing activities in this article, which was originally published in the Fall 2011 issue of the Government Leasing News.

Bylined Article
10/17/2011
The Cynical and the Hopeful: Quotations About Tax Reform
Source: Tax Notes
Authors: Jeffery L. Yablon
Jeffery Yablon authored an article that was published in Tax Notes, the leading publication for tax professionals. Entitled "The Cynical and the Hopeful: Quotations About Tax Reform", the article presents quotes about tax reform selected from the 10th edition of his book, "As Certain As Death: Quotations About Taxes." The individuals quoted range from Dave Barry to Dick Cheney.

Bylined Article
10/6/2011
Independent Managers Offer Flexibility in Contracts
Source: Hotel News Now
Authors: Christian A. Salaman
Why does a hotel owner take a hotel independent? Pillsbury's Travel, Leisure & Hospitality co-head Christian Salaman authors this article about flexibility in contracts that independent managers offer, when it comes to transition and technology costs and capital expenditures. This article originally appeared in the October 6, 2011 issue of Hotel News Now.

Bylined Article
9/29/2011
Rethinking Risk Management & Planning for Infra Projects
Source: Infrastructure Journal
Authors: Jane Wallison Stein, David T. Dekker
The disasters following the Fukushima earthquake in Japan, and, in the US, the flooding and power outages in the Mid-Atlantic caused by hurricane Irene, the earthquake on the East Coast, wildfires in the West, tornadoes and floods in the Midwest and other events, provide one clear lesson: the algebra of infrastructure project risk management has reached a new level of complexity, and creating effective risk management strategies requires a constant re-evaluation of existing approaches. Finance partner Jane Wallison Stein and litigation partner David Dekker discuss lessons of the past and forward-looking risk management strategies in this article, which originally appeared in Infrastructure Journal.

Bylined Article
9/21/2011
India on the Nuclear Edge
Source: Bloomberg Businessweek
Authors: Stephen B. Huttler, Gunjan Bagla

Without a huge expansion of nuclear energy production, it is clear to India’s business and political leaders that the economic miracle of 9 percent growth cannot be sustained. The real question for India is whether it will be able to select from among the widest choice of global industry suppliers in building its nuclear facilities.

Bylined Article
Summer 2011
Understanding the Mindset of the Institutional Real Estate Equity Investor
Source: Real Estate Finance Journal
Authors: Brant K. Maller
Brant K. Maller, the head of Pilllsbury's Real Estate Private Equity and Alternative Investment Teams, authored this article discussing the mindset of the institutional investor, with a focus on public pension plans. The article initially appeared in the summer issue of the Real Estate Finance Journal.

Bylined Article
Summer 2011
The Measure of Malpractice
A Rebuttal to The "Threshold Approach" to Evaluating Errors in Design
Source: Journal of the American College of Construction Lawyers, Volume 5, Number 2
Author: John R. Heisse
John R. Heisse, head of Pillsbury's Construction Counseling & Disputes Resolution team and a Fellow of the American College of Construction Lawyers, authors this article, in which he provides a rebuttal to the "threshold approach" to evaluating errors in design.

Bylined Article
Summer 2011
A "Work In Progress" - The Evolving U.S.- India Defense Supply Relationship
Source: American Bar Association's India Law News
Authors: Sanjay Jose Mullick
Sanjay Mullick co-authors this article, discussing the evolving U.S.- India defense supply relationship, its transformation and challenges.

Bylined Article
7/12/2011
Insurance in the Wake of the United Kingdom Bribery Act
Source: ABA Insurance Coverage Litigation
Authors: Raymond L. Sweigart, Rene L. Siemens
The new United Kingdom Bribery Act 2010 (UKBA), came into force on July 1, 2011, with serious potential implications for non-UK companies. In this article, which originally appeared in ABA Insurance Coverage Litigation on July 12, 2011, Pillsbury Insurance Recovery & Advisory partners Raymond L. Sweigart and Rene L. Siemens discuss how in light of the strict liability of the statute and the limited defenses available, companies should review their insurance coverage to make sure that it will respond to this new exposure.

Bylined Article
Summer 2011
10 Steps to Avoid Problems with Employee Misclassification
Source: The Construction User
Author: Lawrence L. Hoenig

Lawrence L. Hoenig, Tax Controversy partner at Pillsbury, authored this article, which focuses on employment tax audits. He recommends 10 steps companies can follow to reduce employee misclassification and tax/labor exposure. This article was featured in the summer 2011 issue of The Construction User.

Bylined Article
June 2011
Oil Regulation 2011 - United States
Source: Getting the Deal Through
Authors: Robert A. James, Stella Pulman, Joseph Fagan
Co-head of Pillsbury’s energy industry team Robert A. James, senior environment, land use & natural resources associate Stella Dorman and energy partner Joseph H. Fagan co-author this article, in which they describe the key commercial aspects of the U.S. oil sector, the energy policy, key laws and regulations concerning oil activities, oil reservoir ownership and mineral rights, and oil exploration and production, and health and safety rules, and other issues affecting the oil regulation industry. Reproduced with permission from Law Business Research.

Bylined Article
2011
Gas Regulation 2011 - United States
Source: Getting the Deal Through
Authors: Michael S. Hindus, Julie H. Mayo, Joseph Fagan
Energy partners Joseph H. Fagan and Michael S. Hindus, co-head of Pillsbury's energy industry team Robert A. James, and finance senior associate Julie D. Hutchings co-author this article, in which they describe the domestic natural gas sector, government policy, the regulation of natural gas production, the regulation of natural gas pipeline transportation and storage, as well as distribution, sales and trading, the regulation of LNG, mergers and competition and other issues affecting the gas regulation industry.

Bylined Article
6/20/2011
To Sandbag Or Not To Sandbag
Source: Buyouts
Authors: James L. Kelly, Meredith Ervine
James L. Kelly, the head of Pillsbury's Leveraged Buyouts team, and Meredith Ervine, associate in Pillsbury's Corporate & Securities practice group, authored this article about strategies for both buyers and sellers to protect themselves with respect to sandbagging in buyouts. The article originally appeared in slightly modified form in the June 20, 2011 issue of Buyouts.

Bylined Article
Spring 2011
Your Final Partner
Source: Winners Network Newsletter
Authors: Matthew B. Swartz
Your business is strong. You’ve taken years building it but you decide that it’s time to sell. Millions of dollars may depend upon the next decision. The decision: whether to hire an investment banker and, if so, which one.
Do you need an investment banker? Maybe so, but hiring the wrong one means paying a fee for little or no value. Determining which investment banker is the right one for your situation requires knowing what you should expect in an investment banker in the first place.

Bylined Article
May 2011
How a US Organization Can Improve its Expatriate Tax Program
Source: Benefits & Compensation International
Authors: James P. Klein, Frederick A. Brodie
James P. Klein, counsel in Pillsbury's Executive Compensation & Benefits and Tax practices, and Frederick A. Brodie, partner in Pillsbury's Litigation practice, authored this article, which originally appeared in Benefits & Compensation International, May 2011.

Bylined Article
2011/12
What Happens On the Outsourcers Insolvency: A Comparison of Relevant Insolvency Principles in the U.S., India and China
Source: PLC Cross-border Outsourcing Handbook
Authors: Joshua B. Konvisser, Yusuf H. Safdari, Nishith Desai, Joseph Chan, Michael Murphy

Top-ranked IT and outsourcing lawyer Michael Murphy, nationally recognized outsourcing lawyer Joshua Konvisser and Pillsbury senior counsel Yusuf Safdari, along with Nishith Desai and Joseph Chan, explain U.S. bankruptcy law principles and issues most relevant to customers of insolvent outsourcing service providers. The authors provide a comparison of those principles with the insolvency frameworks in India and China in order to put customers in the best position to navigate the complexities of local insolvency laws. This article originally appeared in the PLC Cross-border Outsourcing Handbook 2011/12

Bylined Article
5/11/2011
FEATURE COMMENT: NAFI Doctrine No More—The Federal Circuit’s Slattery v. U.S. Ends The Non-Appropriated Funds Instrumentality Doctrine As We Know It
Source: The Government Contractor
Authors: Daniel S. Herzfeld
The U.S. Court of Appeals for the Federal Circuit’s decision in Slattery v. U.S. generally has eliminated the non-appropriated funds instrumentality (NAFI) doctrine as a bar to jurisdiction under the Tucker Act, 28 USCA § 1491 (and presumably also under the Contract Disputes Act, 41 USCA § 7101 et seq.). See 53 GC ¶ 48. The NAFI doctrine has plagued private parties entering into agreements with various U.S. Government entities for several reasons: (1) NAFIs have enjoyed all the immunity of the Government while generally avoiding all liability exposure resulting from their actions or inactions (with the exception of the military and NASA exchanges); and (2) it often has been unclear whether a particular U.S. federal entity is a NAFI—and not subject to suit—until the Federal Circuit declares it so. Thus, Slattery should make contracting with entities related to or affiliated with the Government more stable and predictable, placing the onus on Congress to demarcate when a U.S. Government entity will be exempted from suit under the Tucker Act.

Bylined Article
April 2011
Explaining e-Discovery: A Look at Some Common Misconceptions
Source: LJN's Legal Tech Newsletter
Authors: David L. Stanton, Jeff Fehrman
As e-discovery becomes more widely used and its costs continue to climb, Litigation partner and top-ranked e-discovery lawyer David Stanton, with Integreon vice president of forensics Jeff Fehrman, pinpoints common misconceptions concerning the process. The authors offer guidance on successfully navigating the e-discovery process and avoiding unpleasant surprises along the way. This article originally appeared in LJN's Legal Tech Newsletter, April 2011.

Bylined Article
April 2011
Law Firm Profile
Source: Litigation Management Report, Issue 17
Authors: David L. Stanton
Litigation partner and top-ranked e-discovery lawyer David Stanton offers insight on the evolution of information governance and e-discovery. He further discusses e-discovery's rise to becoming an essential part of controlling litigation costs and risks, and other advantages. This article originally appeared in Bottomline Technologies' Litigation Management Report Quarterly, Issue 17, April 2011.

Bylined Article
April 2011
What Will be the Lessons of Fukushima?
Source: McCloskey Nuclear Business, Issue 43
Authors: Jay E. Silberg, George Borovas
DC Partner Jay Silberg, former U.S. Atomic Energy Commission lawyer who also represented the owners and operators of the Three Mile Island (TMI) reactors after the TMI-2 accident, and London partner George Borovas, leader of Pillsbury's international nuclear projects team and former chemical engineer, draw from the lessons learned in the TMI nuclear accident and the subsequent changes implemented throughout the nuclear energy sector to offer insights into what will likely happen next in Japan and the global nuclear industry as the situation stabilizes. This article originally appeared in the April 2011 issue of McCloskey Nuclear Business.

Bylined Article
Spring 2011
If Your Bank Dies Is Your Deal Dead?
Source: The American College of Real Estate Lawyers Papers
Authors: Les Nicholson, Alex M. Phipps III

Senior Counsel Les Nicholson, former General Counsel of the U.S. Government Service Administration and former Executive Vice President and General Counsel of Chevy Chase Bank, and Real Estate Associate Alex Phipps, discuss the questions facing borrowers in the wake of the recent economic recession and its effects on banking industry. The lawyers outline what happens to a bank once it fails and provide advice on action to take, should your bank fail. This article originally appeared in the Spring 2011 issue of the American College of Real Estate Lawyers Papers.

Bylined Article
April 2011
Form of Entity and Legal Structure
Source: Accountable Care Newsletter – Special Edition on ACO Regulations
Authors: Gerry Hinkley, Allen Briskin, Benjamin A. Wiles

Co-Chair of the Health Care Industry team and top-ranked health care lawyer Gerry Hinkley, along with Counsel Allen Briskin, principal author of the Markle Connecting for Health Common Framework: Model Contract for Health Information Exchange, and Associate Benjamin Wiles, outline the Centers for Medicare and Medicaid Services (CMS) Proposed Rule's effects on the legal entity structure of accountable care organizations.

Bylined Article
March 2011
Monorail, Monorail, Monorail
Source: Norton Journal of Bankruptcy Law and Practice
Authors: Richard L. Epling, Kerry A. Brennan, Kent P. Woods
Where a city's financial fortunes are tied up with a municipal authority or other type of quasi-municipal entity and the underlying project proves unsuccessful, what options does the city or project have to restructure? Richard Epling, leader of Pillsbury's Insolvency & Restructuring practice and top-ranked Bankruptcy lawyer by Best Lawyers in America, with Litigation partner Kerry Brennan and Insolvency & Restructuring associate Kent Woods, lay out practical concerns and solutions regarding Chapter 9 and restructuring issues relating to municipal authorities. This article originally appeared in the March 2011 issue of the Norton Journal of Bankruptcy Law and Practice.
Bylined Article
Spring 2010
An Updated Primer on Procedures and Rules in 337 Investigations at U.S. International Trade Commission (ITC)
Source: University of Baltimore Intellectual Property Law Journal
Authors: William P. Atkins

Originally appearing in the University of Baltimore Intellectual Property Law Journal (Spring 2010), this article on procedures and rules governing 337 investigations at the U.S. International Trade Commission (ITC) was judged 'one of the best law review articles related to patent law published within the last year' by the editor of West's Intellectual Property Law Review (published by Thomson Reuters) and will appear in the Review's 2011 edition.

Bylined Article
2/14/2011
ASEAN: The Next Nuclear Powerhouse?
Source: Infrastructure Journal
Authors: Elina Teplinsky, George Borovas

Who will be the next Asian tiger in the global nuclear industry? The countries of the Association of Southeast Asian Nations (ASEAN) look like prime candidates, write energy partner and international nuclear projects team head George Borovas and energy associate Elina Teplinsky in their article on how regional cooperation can aid the development of nuclear power in Southeast Asia. The article originally appeared in Infrastructure Journal on February 14, 2011.

Bylined Article
2/10/2011
Worker Classification and Finding the Correct Employer
Source: The International Employment Lawyer
Authors: Susan P. Serota, James P. Klein
Leader of Pillsbury's Executive Compensation & Benefits practice and nationally recognized lawyer Susan Serota, along with James Klein, counsel in Pillsbury's Executive Compensation & Benefits and Tax practices, outlines the issues of importance for employers, particularly multinational ones, in light of the IRS’s new audit program that focuses on worker classification, payroll tax reporting and executive compensation. The authors suggest that employers must practice consistent determination of employment status, which will affect significant employee benefit, social security, tax withholding and corporate deduction issues. This article originally appeared in the American Bar Association, Section of International Law’s Quarterly Newsletter: The International Employment Lawyer, Issue 20, February 10, 2011.

Bylined Article
2/7/2011
The "Great Fire" Did It
Source: Bloomberg Law Reports -- Insurance Law
Authors: Rene L. Siemens, Gevik M. Baghdassarian
Since the advent of property hazard insurance, courts have struggled to address real-world implications of poorly drafted policies. In this article, which originally appeared in Bloomberg Law Reports --Insurance Law, Pillsbury insurance partner Rene Siemens and litigation senior associate Gevik Baghdassarian discuss the centennial of the landmark California Supreme Court decision that resolved the critical insurance coverage dispute arising from the 1906 San Francisco earthquake and fire, and the implications of that decision.

Bylined Article
Winter 2011
Recent Developments in Property Insurance Coverage Litigation
Source: The ABA's Tort Trial & Insurance Practice Law Journal
Authors: James P. Bobotek, William A. Schreiner Jr., Carol M. Rooney, William R. Lewis, Jay M. Levin, Toki Rehder, Lisa A. Szymanski, Kristin Suga Heres, Ryan A. Lee, Craig A. Jacobson
James Bobotek, senior associate in Pillsbury's Washington, DC office, focuses his practice on insurance recovery & advisory issues. Bobotek and other followers in this area of law outline the developments in common issues that arise out of property insurance contracts. This article originally appeared in the ABA's Tort Trial & Insurance Practice Law Journal.

Bylined Article
Winter 2011
Turning a Battleship: Design-Build on Federal Construction Projects
Source: The Construction Lawyer, Vol.31, No. 1
Authors: John R. Heisse, Barbara R. Gadbois, Joseph C. Kovars
John Heisse, the head of Pillsbury's Construction Counseling & Dispute Resolution team, co-authors this article about the current status of federal design-build contracts and the future of this project delivery method.

Bylined Article
December 1, 2010
Case Overview: Lessons from the Great Fire of 1906
Source: Risk Management
Authors: Peter M. Gillon, Rene L. Siemens
December 2010 marks the centennial of the landmark California Supreme Court decision in California Wine Association v. Commercial Union Fire Insurance Company of New York that resolved the critical insurance coverage dispute arising from the 1906 San Francisco earthquake and fire. In this article, which originally appeared in the December issue of Risk Management, Pillsbury Insurance Recovery & Advisory partners Rene Siemens and Peter Gillon discuss the decision and its implications today.

Bylined Article
October 2010
Compensation Committee Governance in an Era of Increased Public Scrutiny
Source: Compliance Week
Authors: Susan P. Serota
From the headlines about excessive bonuses paid to banks' and other financial services' executives in the wake of the 2008 financial crisis to the recent Dodd-Frank Act spotlight on executive compensation at public companies, Congress, the SEC, the national exchanges, and shareholders are focused on how compensation committees make decisions on the salaries, bonuses, stock grants, and other compensation paid to executives. Thus, good governance has become even more important when making these and other decisions.

Bylined Article
September 2010
Impact of a Minimum Yield Guaranty on LIHTC Investments, Part 2
Source: Novogradac Journal of Tax Credits September 2010, Volume I, Issue IX
Authors: Thomas D. Morton
Thomas Morton, partner in Pillsbury's Tax practice, authored a two-part article series entitled “Impact of a Minimum Yield Guaranty on LIHTC Investments” in the Journal of Tax Credits, published by Novogradac & Company LLP.

Bylined Article
9/27/2010
Just Sign Here: Every Contract Is a Litigation Waiting to Happen
Source: Corporate Counsel
Authors: Eric Fishman
Market standard clauses that appear in many business contracts often do not work as intended. How can many commonly litigated issues be avoided entirely in the drafting process? Eric Fishman, a litigation partner who focuses on commercial contract disputes and tort actions, gives some suggestions in this article, which originally appeared in Corporate Counsel.
Bylined Article
9/20/2010
Price Of Buyer’s Remorse Rises
Source: Buyouts
Author: James L. Kelly
James L. Kelly, the head of Pillsbury's Leveraged Buyouts team, authored this article about strategies for both buyers and sellers for protecting their M&A deals in a down economy. The article originally appeared in slightly modified form in the September 20, 2010 issue of Buyouts.
Bylined Article
August 9, 2010
Major Changes to HIPAA Privacy, Security, and Enforcement Rules Proposed by HITECH Privacy NPRM
Source: Health IT Law & Industry Report
Authors: Gerry Hinkley, Allen Briskin, Douglas Grimm

Gerry Hinkley, co-chair of Pillsbury's health care industry team, health care counsel Allen Briskin and senior associate Douglas Grimm co-authored this article for BNA, Inc.'s Health IT Law & Industry Report, which originally appeared on August 9, 2010.

Bylined Article
8/3/2010
Has Greece Caused a Credit Event?
Source: This article originally appeared in the August 3, 2010, issue of IFLR
Authors: David M. Lindley, Edward Flanders
The recent financial travails of Greece raise three interesting questions: First, has the country's conduct so far constituted a credit event and, in particular, will any of the steps Greece has taken in response to the demands of the situation be found to constitute a credit event? Second, even if no credit event has occurred yet, will Greece be able to avoid restructuring its debt if it fails to satisfy the conditions precedent to its receipt of EU and IMF support? (Whatever waivers the political process might provide to Greece, it seems unlikely that those who bought protection will be satisfied with politically desired social peace.) Lastly, will the decline of Greece's financial rating to junk status create rights for protection buyers even if such a decline is not a credit event?

Bylined Article
7/31/2010
National Export Initiative: Only a Passing Grade
Source: North American Free Trade & Investment Report
Authors: Christopher R. Wall
Christopher R. Wall, a senior international trade partner and the former Assistant Secretary for Export Administration in the US Department of Commerce's Bureau of Industry and Security, authors an article about the National Export Initiative. and the problems with its execution. This article first appeared in North American Free Trade & Investment Report.

Bylined Article
July / August 2010
Fighting for Control
Source: The Financial Manager
Author: John K. Hane

Communications counsel John K. Hane recently authored an article on changes in retransmission-consent markets which appeared in the July/August 2010 edition of The Financial Manager. You can read the article here: http://viewer.zmags.com/publication/72b4db28#/72b4db28/8.

Bylined Article
June/July 2010
Confronting Corporate Amnesia
Source: Executive Counsel
Author: Frederick A. Brodie

Frederick A. Brodie, partner in Pillsbury's litigation practice, authored this article, which originally appeared in the June/July 2010 issue of Executive Counsel.

Bylined Article
Summer 2010
The Vexing Problem of Holdovers Under Government Leases
Source: Government Leasing News
Author: Alex D. Tomaszczuk

Alex Tomaszczuk, a member of Pillsbury's Government Contracts & Disputes practice, authored this article, which originally appeared in Government Leasing News, Summer 2010.

Bylined Article
7/1/2010
What the New Encryption Rules Mean for U.S. Exporters
Author: Sanjay Jose Mullick

The Obama administration has taken the first step in export control reform by easing the pathway for U.S. companies to export certain encryption items. In this article, Sanjay Jose Mullick, a Washington-based member of Pillsbury's International Trade Practice, explains what the new encryption rules mean for U.S. exporters.

Bylined Article
6/25/2010
VIEWPOINT: Are you CARD Act-Ready?
Source: American Banker
Authors: Deborah S. Thoren-Peden, Amy L. Pierce

Among the many financial reforms enacted in the past year is the federal Credit Card Accountability, Responsibility and Disclosure Act, which includes provisions that apply to gift cards. These provisions, taking effect Aug. 22, will have a significant impact on banks because the act covers a broad range of products and services. This article, written by Consumer & Retail partner Deborah Thoren-Peden and Litigation associate Amy Pierce, originally appeared in the June 25, 2010 issue of American Banker.

Bylined Article
6/22/2010
The Fission Thing
Source: Project Finance Magazine
Authors: John G. Mauel, George Borovas, Li Zhang

Sponsors have made some tentative moves to share risk on new nuclear plant construction. But lender and investor perceptions are still obstacles to further shifts.

Bylined Article
June 8, 2010
Weak Tea: The UN sanctions against Iran have been watered down to almost nothing.
Source: Foreign Policy
Authors: Christopher R. Wall
Christopher R. Wall, a senior international trade partner and the former Assistant Secretary for Export Administration in the US Department of Commerce's Bureau of Industry and Security, authors an op-ed for Foreign Policy magazine about the ineffectiveness of the UN sanctions against Iran.
Bylined Article
Bylined Article
May 2010
U.S. Project Disputes: Has the Time to Consider Adjudication Finally Arrived?
Source: AAA Handbook on Construction Arbitration and ADR
Authors: Michael Evan Jaffe, Ronan J. McHugh

This article originally appeared in the May 2010 issue of AAA Handbook on Construction Arbitration and ADR.

Bylined Article
March 2010
Turning Silver Into Gold: Recovering Protest Costs or Bids & Proposal Costs in Procurement Protests
Source: Briefing Papers Second Series, Thomson Reuters
Authors: Daniel S. Herzfeld, Evan D. Wesser

Recovery of protest costs and bid and proposal costs in a bid protest are often seen as a secondary remedy. When protesting an award, a protester generally favors equitable remedies (such as injunctive and declaratory relief) directing an agency to correct errors in the procurement process that could eventually lead to the protester receiving the contract award. The potential recovery of some monetary relief—either alone or in tandem with equitable relief—still provides some incentive for protesters to challenge errors in the procurement process and violations of law.1

Bylined Article
3/31/2010
(Tick, Tick, Tick, Tick) Wake Up! The Clock's Running on Evidence Retention
Source: Corporate Counsel
Authors: David L. Stanton, Wayne C. Matus

Wayne Matus and David Stanton, partners in Pillsbury Winthrop Shaw Pittman's E-Discovery practice, authored this article, which originally appeared in Corporate Counsel, March 31, 2010.

Bylined Article
3/22/2010
When Responding to a Criminal Subpoena Turns Electronic
Source: New York Law Journal
Authors: Mark R. Hellerer, Wayne C. Matus
Companies served with a criminal subpoena often face a challenging dilemma. With hundreds of gigabytes of electronically stored information (ESI) on their servers and employees' hard drives, how do they ensure an adequate response to the subpoena without their electronic discovery costs spiraling out of control?

Bylined Article
3/16/2010
Is It Time to "Friend" Iran?
Source: International Trade Law360
Author: Nancy A. Fischer

Nancy Fischer, partner in Pillsbury's International Trade practice, authored this article, which originally appeared in International Trade Law360, March 16, 2010.

Bylined Article
1/15/2010
International Trade Policy: Missing from the Recovery
Source: North American Free Trade & Investment Report
Author: Christopher R. Wall

Christopher R. Wall, partner in Pillsbury's International Trade practice, authored this opinion piece which originally appeared in North American Free Trade & Investment Report, January 15, 2010.

Bylined Article
January 15, 2010
International Trade Policy: Missing from the Recovery
Source: North American Free Trade & Investment Report
Authors: Christopher R. Wall
Christopher R. Wall, a senior international trade partner and the former Assistant Secretary for Export Administration in the US Department of Commerce's Bureau of Industry and Security, authors an article about President Obama's latest announcement regarding the economic recovery program. This article first appeared in North American Free Trade & Investment Report.
Bylined Article
Winter 2010
Renewable Recovery
A New Department of Energy New Program Aims to Attract Capital from Private Financial Institutions for Renewable Energy Projects
Source: Exploration+Processing
Authors: Jane Wallison Stein, Carol M. Burke

This article by Finance partner Carol Burke and partner Jane Wallison Stein, co-leader of the firm’s Energy & Infrastructure Projects practice, first appeared in Exploration+Processing. Both partners are members of the Recovery Act Initiative Team.

Bylined Article
December 2009
Tribunal in $100 Billion Yukos Arbitration Rules Russia Bound by Energy Charter Treaty
Source: World Trade Executive
Authors: Sanjay Jose Mullick, Ronan J. McHugh, Irene Dallas

International trade counsel Sanjay Mullick, litigation counsel Ronan McHugh and litigation consultant attorney Irene Dallas co-authored this article, which originally appeared in the "Russia/Eurasia Executive Guide" issue of the World Trade Executive.

Bylined Article
November 2009
Worlds.com Saber-Rattling Portends a Trend in Virtual World and Video Game Patents
Source: Journal of Internet Law, Volume 13 Number 5
Authors: James G. Gatto, Bradford C. Blaise, D. Benjamin Esplin

The recent announcement of the impending enforcement of Worlds.com’s virtual world patents further evidences the growing trend of increased patent activities affecting virtual world and video game companies. This announcement, coupled with other recent patent infringement lawsuits, further highlights the need for an effective IP strategy, including defensive measures that can help prevent or deter patent infringement suits.

Bylined Article
Fall 2009
Practical and Strategic Considerations in Litigating Under the FTC’s New Part 3 Rules
Source: ABA's Antitrust Magazine
Authors: Michael L. Sibarium

This article was originally published in the Fall 2009 edition of the American Bar Association's Antitrust magazine.

Bylined Article
Fall 2009
Navigating the Tangled Web of Webcasting Royalties
Source: Entertainment and Sports Lawyer, Volume 27, Number 3
Authors: Cydney A. Tune

Cydney Tune, leader of Pillsbury's Copyrights and Media & Entertainment teams, and Pillsbury Corporate & Securities associate Christopher Lockard authored this article which originally appeared in Entertainment and Sports Lawyer, Fall 2009.

Bylined Article
10/12/2009
What "Proceeds"?
Source: The New York Law Journal
Authors: Anne C. Lefever, Daniel R. Margolis

New York white-collar litigation partner Daniel Margolis and associate Anne LeFever penned this New York Law Journal article on the high-profile insider trading case, United States v. Nacchio, in which the Tenth Circuit weighed in on a controversy brewing in the Southern District of New York as to the correct interpretation of Section 981 of the Civil Assets Forfeiture Relief Act (CAFRA).

Bylined Article
October 2009
International Construction Disputes in Today's Economy
Source: PLC Arbitration Handbook
Authors: Michael Evan Jaffe, Ronan J. McHugh

Pillsbury construction litigators Michael Evan Jaffe and Ronan J. McHugh authored this article which originally appeared in PLC Arbitration Handbook, October 2009.

Bylined Article
October 2009
Understanding the Hidden Risks of Negative Pledges of IP
Source: Venture Capital Journal
Authors: Thomas Klaus Gump

Pillsbury finance partner Thomas Gump and finance associate Jessica Berenyi co-authored this article, which originally appeared in Venture Capital Journal, October 2009. In the article, the authors examine the increasingly popular practice of using negative pledge structures when negotiating the terms of venture debt facilities, and the consequences—for both lenders and their borrowers—of accepting these negative pledges of intellectual property instead of the first-priority perfected lien traditionally required.

Bylined Article
9/8/2009
New Rules of the Road for Advisers to Private Funds
Source: The VC Experts' Buzz
Author: Kimberly V. Mann

On July 15, 2009, the Obama administration delivered to Capitol Hill the much anticipated proposed legislation that would require domestic advisers of private pools of capital to register with the U.S. Securities and Exchange Commission (the "SEC"). The new legislation, which is titled the "Private Fund Investment Advisers Registration Act of 2009" (the "Act"), would amend the Investment Advisers Act of 1940, as amended (the "Advisers Act"), to eliminate for domestic advisers to private funds the long-standing exemption currently available to advisers with fewer than 15 U.S. clients. The Act would subject many previously unregistered advisers to SEC oversight and conflict-of-interest prohibitions, and would require them to maintain records, submit reports, establish and maintain a compliance program and make such disclosures as may be determined by the SEC from time to time.

Bylined Article
September 2009
Legal Issues for Photography
Orphans, freelancers and the random snapshot
Source: Copyright World, Issue 193
Authors: Cydney A. Tune, Erin E. Wagner

Cydney Tune, head of Pillsbury's Copyrights and Media & Entertainment teams, and Pillsbury summer associate Erin Wagner authored this article which originally appeared in Copyright World, September 2009.

Bylined Article
Fall 2009
Additional Risks Landlords Should Consider When Taking Letters of Credit From Commercial Lease Tenants
Source: The Real Estate Finance Journal
Authors: M. David Minnick, Ana N. Damonte

This article by Insolvency & Restructuring partner David Minnick and Litigation senior associate Ana Damonte originally appeared in the Real Estate Law Journal, published by West.

Bylined Article
Summer 2009
Family Guy Creators' Fair Use Wish Comes True
Source: Entertainment and Sports Lawyer, Volume 27, Number 2, American Bar Association
Authors: Cydney A. Tune, Jenna F. Karadbil

Cydney Tune, head of Pillsbury's Copyrights and Media & Entertainment teams, and Jenna Leavitt, a member of the firm's Intellectual Property practice, authored this article which originally appeared in Entertainment and Sports Lawyer, Summer 2009.

Bylined Article
8/11/2009
Why the SEC Will Likely Enact a Ban on Third-Party Solicitation
Source: Private Equity Manager
Author: Kimberly V. Mann

In seeking solutions to halt pay-to-play practices within the investment advisor market, the US Securities and Exchange Commission is consulting an old playbook for the municipal securities market.

Bylined Article
7/14/2009
From “Let’s Go Shopping” to Closing: U.S. M&A Process
Authors: Thomas M. Shoesmith, Woon-Wah Siu

More and more Chinese companies are now looking for business opportunities in the United States. Why? Lower valuation of U.S. targets, strength of the RMB, and less competition from U.S. buyers due to poor stock market conditions and credit crunch combine to make acquisition in the U.S. attractive to Chinese entrepreneurs. In addition, the PRC Ministry of Commerce recently issued rules aimed to encourage PRC companies to “zou chu qu” (go out, i.e., go abroad) to shop for investment or acquisition opportunities.

Bylined Article
7/13/2009
Pension Plan Fiduciaries: When Is There A Duty to Investigate?
Source: Bloomberg Law Reports—Employee Benefits, Vol. 2, No. 14
Authors: David M. Furbush, Nathaniel M. Cartmell III

As the number of regulators knocking on the doors of pension fund trustees continues to grow, many governing boards are starting to wonder when there is a duty to investigate after an initial investment decision is made.

Bylined Article
6/29/2009
Insurance Coverage for Data Security Breaches
Source: LexisNexis Insurance Law Center
Author: Robert L. Wallan

Data security breaches are a real threat in today’s computer-dependent work environment. Security breaches via hacking, unauthorized internal access, and the inadvertent disclosure of personal information, are all circumstances that can create cost and legal exposure. Chances are, a company’s existing insurance policies may provide some coverage in the event of a data security breach, but there are additional coverages that may be worth exploring and evaluating.

Bylined Article
6/1/2009
No Better Time to Renegotiate Your Outsourcing Contract?
Source: HRO Today Magazine Vol. 8 No. 5
Authors: D. Craig Wolff, John Haworth

Armed with data and a sense of the incumbent provider, an outsourced customer can achieve better contractual terms while still maintaining a mutually beneficial relationship with its provider.

Bylined Article
5/19/2009
Preparing Your Business for the 2009 Atlantic Hurricane Season
Source: LexisNexis Insurance Law Center
Authors: Vincent E. Morgan

The Atlantic Hurricane Season officially runs from June 1 to November 30, though peak activity usually occurs in August and September.  With the beginning of tropical storm activity just around the corner, now is the time to prepare your company and review your insurance coverage for what may lie ahead in the coming months.

Bylined Article
5/15/2009
When The Workout Hasn’t Worked
Authors: Lynn A. Soukup, Susan Ormand Berry

Finance partner Lynn Soukup and finance associate Susan Berry, co-authored this article, which originally appeared in Institutional Investor’s Real Estate Finance & Investment, May 15, 2009.

Bylined Article
5/10/2009
Insurance Coverage Issues in Claims Arising out of the Influenza A (H1N1) Outbreak
Source: LexisNexis Insurance Law Center
Authors: James P. Bobotek, Peter M. Gillon
Peter Gillon, co-head of Pillsbury’s Insurance Recovery & Advisory team, and James Bobotek, a member of the team, co-authored this article, which originally appeared on the LexisNexis Insurance Law Center, May 10, 2009.
Bylined Article
5/1/2009
The False Promise of Injunction Clauses
This article first appeared in Managing Intellectual Property, May 2009.
Authors: Frederick A. Brodie, Nathaniel R. Smith
Although injunction clauses can be an important tool in contracts governing IP rights, they are often misunderstood. Despite such a clause’s promise of injunctive relief in the case of a breach of the agreement, US courts are not compelled to grant automatic injunctions based solely on contract language. Thus, while an injunction clause can provide some evidence of irreparable harm, estop the other party from challenging the application for an injunction, and weigh in favour of relief when the balance of hardships is considered, parties to agreements containing such clauses should be aware that injunctive relief remains in the judge’s discretion.
Bylined Article
4/13/2009
Current Challenges for Carbon Capture
Authors: Robert A. James

Carbon capture and storage (CCS) is a key strategy for using coal and natural gas fuels in carbon-conscious ways—by capturing the carbon before, during or after combustion so it does not add to atmospheric concentrations, and then by “sequestering” it. In the case of geologic sequestration, carbon dioxide (CO2) is injected and stored in deep subsurface voids such as depleted oil, gas or coal bed methane reservoirs, or briny groundwater aquifers. When politicians speak of “clean coal,” they usually have CCS at least partly in mind.

Bylined Article
2009
ECJ Rules on E-Businesses’ Refusal to Provide Contact Telephone Number to Online Customers
Source: CTLR, Issue 3
Authors: Rafi Azim-Khan, Steven P. Farmer
Bylined Article
April 2009
Financing High-Growth Chinese Companies After "Circular 10"
Source: China Rising Newsletter, Volume 1, Issue 2
Authors: Thomas M. Shoesmith, Woon-Wah Siu

Thomas Shoesmith, head of Pillsbury's China practice, and Woon-Wah Siu, of counsel in the firm's Shanghai office, co-authored this article, which originally appeared in CCG China Rising Newsletter, April 2009 (Volume 1, Issue 2).

Bylined Article
3/30/2009
Next Steps For The Energy Sector's Stimulus
This article first appeared in Law360, March 30, 2009.
Source: Law360
Authors: Hugh M. Dougan, Michael S. Hindus, Jane Wallison Stein

Pillsbury Recovery Act Opportunities Team members Hugh Dougan, Michael Hindus and Jane Stein co-authored this article, which originally appeared in Law360, March 30, 2009.

Bylined Article
03/23/2009
When Vendors Collapse
Companies, firms need to ask the right questions up front and use appropriate contract language.
Source: The National Law Journal
Authors: Joshua B. Konvisser, Wayne C. Matus, John E. Davis
Bylined Article
3/4/2009
Managing Debt Covenants in Hard Times
Source: TVNewsDay
Authors: Scott R. Flick, Miles S. Mason, Miles S. Mason

To say that current economic conditions are challenging for broadcasters is akin to noting that the Ice Age was chilly.

Bylined Article
2/16/2009
Don’t Forget About Opportunities To Outsource
Source: Buyouts
Authors: James L. Alberg, Aaron M. Oser

James Alberg, head of Pillsbury's Global Sourcing practice, and Aaron Oser, Global Sourcing partner, co-authored this article, which originally appeared in Buyouts, February 16, 2009.

Bylined Article
January 2009
Crafting Jury Instructions To Win Trials And Appeals
Source: The Practical Litigator
Authors: Kevin M. Fong, John M. Grenfell

Kevin M. Fong and John M. Grenfell, partners in Pillsbury's litigation practice, authored this article which originally appeared in The Practical Litigator, January 2009.

Bylined Article
Winter 2009
Should GSA Add a Limited Termination for Convenience Clause to Its Leases? Some Recent Decisions Counsel That It Should.
Source: Government Leasing News
Authors: Alex D. Tomaszczuk, Daniel S. Herzfeld

Alex Tomaszczuk and Daniel Herzfeld, members of Pillsbury's Government Contracts & Disputes practice, authored this article which originally appeared in Government Leasing News, Winter 2008.

Bylined Article
1/26/2009
Nuclear Waste Is Piling Up
Wrestling what to do with the waste has lasted a generation.
Source: The National Law Journal
Authors: Jay E. Silberg, Christopher F. Tierney

Pillsbury partner Jay Silberg, co-head of the firm's Energy industry team, co-authored this article which originally appeared in The National Law Journal, January 26, 2009.

Bylined Article
2009
User Generated Content Provider Finds Safe Harbour Following Allegations of Copyright Infringement
Source: Ent. L.R. Issue 2
Authors: Steven P. Farmer, Rafi Azim-Khan
Bylined Article
December 2008/January 2009
The War Over World of Warcraft
Source: Copyright World, Issue #186
Authors: Cydney A. Tune

Cydney Tune, leader of Pillsbury's Copyrights and Media & Entertainment teams, and Pillsbury Corporate & Securities associate Christopher Lockard authored this article which originally appeared in Copyright World, December 2008/January 2009.

Bylined Article
2008
The UK's ICO Position on the Government Data Handling Reviews
Source: WDPR Vol. 8 No. 12
Authors: Steven P. Farmer, Rafi Azim-Khan
Bylined Article
11/13/2008
Patent Rights Clause is Broad in Scope
Source: Washington Technology
Author: C. Joël Van Over

"Patent Rights Clause is Broad in Scope, " by Joel Van Over, a partner in Pillsbury's Government Contracts & Disputes practice, originally appeared in Washington Technology, November 13, 2008.

Bylined Article
Fall 2008
More State Supreme Courts Join Majority Holding that CGL Insurance Covers Damage to Contractor's Work Caused by Subs
Source: The Construction Lawyer
Authors: David T. Dekker, Stephen D. Palley, Douglas Green
Bylined Article
October 2008
Illegal Judicial Appointments?  Constitutional Attacks on Patent and Copyright Decisions
Source: Intellectual Property & Technology Law Journal
Authors: James G. Gatto, Hean L. Koo, Terri Cunningham
Bylined Article
September 2008
Final Federal Rules Require Identity Theft Prevention Programs to Be Implemented in 2008, Part 2
Source: Electronic Banking Law & Commerce Report, Vol. 13, Issue 7
Authors: Meighan E. O'Reardon, John L. Nicholson

On November 1, 2008, many businesses will be expected to comply fully with new identity theft rules (the "Red Flag Rules") promulgated by six Federal financial regulators.1 For background on these rules and requirements, please refer to Part 1 of this article in the August 2008 issue of Electronic Banking Law and Commerce Report.2 By now, most organizations subject to these requirements are actively developing and implementing their Identity Theft Prevention Programs. As organizations strive to meet the compliance deadlines, the following additional observations about the rules and current implementation efforts have been compiled.

Bylined Article
8/18/2008
Lenders Back Out? Here's What To Expect
Author: Eric Fishman

One of the lessons coming out of the string of failed acquisitions in 2007 and 2008 is that debt commitment letters may not be as firm as you think.

Bylined Article
July 2008
All About Mergers of Nonprofit Organizations
Author: Jerald A. Jacobs

Despite all the barriers in their path, more and more nonprofits are heading down the road toward a merger. Here’s what they can expect to see along the way.

Bylined Article
July 2008
Whistleblower Policies: Lessons For Associations
Source: Association Law & Policy
Author: Julia E. Judish

Establishing a written whistleblower policy is becoming a widely adopted practice among associations. However, not all policies are alike. The following lessons from associations illustrate how certain provisions in a whistleblower policy can lead to success or trouble.

Bylined Article
Spring 2008
Reliance on Certificates of Insurance - A Trap for the Unwary
Source: Perspectives on Real Estate
Author: Scott E. Barat

A discussion on how building owners can be sure insurance requirements have been satisfied by contractors—either upon execution of the contract or throughout its term.

Bylined Article
July/August 2008
The ABCs of PDPs: Advance Rates, Bankruptcy Risks and Collateral Management
Source: Journal of Bankruptcy Law
Author: Mark N. Lessard

This article examines various legal aspects of negotiating, documenting, and closing an aircraft pre-delivery payment facility, addresses the dynamics between the manufacturer and lender in a default scenario and focuses on issues of import to the borrower in the management of its aircraft order during the life of the facility.

Bylined Article
June/July 2008
Here Come the Regulators
The subprime and related credit crisis has resulted in a multitude of regulatory agencies joining the fray.
Source: Directorship
Author: Kirke M. Hasson

The fallout from the subprime and credit crisis continues to highlight imperfections in our banking and finance system. A bright light is now being shined on the patchwork of regulatory bodies, often with overlapping jurisdictions and prerogatives, tasked with overseeing financial and banking entities.

Bylined Article
June 2008
Insider Analysis: The Asian Equation of Patents and Drugs - Key Factors in Balancing Innovation Cost Recovery and Drug Affordability
Source: PharmAsia News
Authors: Hean L. Koo, Leslie Platt

Leslie Platt, a member of Pillsbury's Health Care and Life Sciences industry teams, and Pillsbury patent agents Brian Jelinek and Hean Koo, co-authored this article, which originally appeared in PharmAsia News, published June 16 (Part 1) and June 26, 2008 (Part 2).

Bylined Article
June 2008
Investors’ Rights Agreement
Source: Top Capital
Investor's rights agreement.
Bylined Article
May 2008
Hurdles in the Purchase of Preferred Shares
Source: Top Capital
Bylined Article
May 2008
New Spanish Regulation Tightens Up Data Protection Requirements
Source: Privacy & Data Security Law Journal
Authors: Rafi Azim-Khan, Dominic Hodgkinson, Alessandro Liotta, John L. Nicholson

The Spanish government has enacted a new regulation that further develops its data protection legislation by providing additional detail on the security measures required to comply with existing Spanish law. The new regulation came into force on 19 April, 2008, although currently registered businesses have one year to adapt their existing data procedures to the new security measures. While the law is aimed at implementing data security measures and clarifying data transfer issues that arise from the existing data protection legislation, its critics maintain that it merely introduces further regulatory burdens for companies.

Bylined Article
Spring 2008
Carbon Capture and Storage Project Development
Source: Texas Environmental Law Journal
Authors: Thomas A. Campbell, Robert A. James, Julie H. Mayo
Environment, Land Use and Natural Resources partner Thomas Campbell, former General Counsel of the National Oceanic and Atmospheric Administration, Finance partner Robert James, co-leader of Pillsbury's Energy industry team, and finance associate Julie Hutchings present an overview of property rights acquisition, permitting and operational liability issues, discussing the global call to reduce carbon emissions and various carbon sequestration methods, which involves reducing the total atmospheric concentration of carbon dioxide or other greenhouse gases. This article originally appeared in the Spring 2008 issue of Texas Environmental Law Journal.
Bylined Article
First Quarter 2008
Don't Let Your Service Levels "Do a Number" on You
Source: FSO Magazine
Authors: Joshua B. Konvisser, Vipul N. Nishawala

Joshua Konvisser and Vipul Nishawala, partners in Pillsbury's Global Sourcing practice, co-authored this article which originally appeared in FSO Magazine, 1Q 2008.

Bylined Article
3/5/2008
How Law Firms Can Stay Afloat When a Recession Strikes
Source: Law.com
Author: Richard L. Epling

Richard Epling, partner in Pillsbury's Insolvency & Restructuring practice and member of the firm's Board, authored this article which originally appeared on Law.com, March 5, 2008.

Bylined Article
2/25/2008
Court Ruling Puts Ethics on the Front Burner
Source: Washington Technology News
Author: John E. Jensen

"Court Ruling Puts Ethics on the Front Burner," published in Washington Technology News, February 25, 2008, was authored by John Jensen, head of Pillsbury Winthrop Shaw Pittman's Government Contracts & Disputes practice.

Bylined Article
January 2008
Final Federal Rules Require Identity Theft Prevention Programs to Be Implemented in 2008
Source: Privacy & Data Security Law Journal
Authors: Meighan E. O'Reardon, John L. Nicholson

The authors discuss the new federal rules imposing identity theft-related requirements on financial institutions, creditors, credit and debit card issuers, and users of consumer credit reports, as well as guidelines and supplemental information also issued to assist affected entities.

Bylined Article
1/28/2008
Foreign Investment Limited in U.S. Energy and Infrastructure Assets
Source: Executive Legal Advisor
Authors: Christopher R. Wall, Robert A. James, Christopher R. Wall

Robert A. James, co-leader of Pillsbury Winthrop Shaw Pittman's Global Energy industry team, and Christopher R. Wall, Pillsbury's senior international trade partner, co-wrote this article which originally appeared in the January 28, 2008 issue of Executive Legal Advisor.

Bylined Article
January 2008
Insider Analysis: The Importance of "Who" in Medical Product Regulation
How the Outlooks of Individual Regulators Affect Performance, Compliance and Enforcement
Source: PharmAsia News
Authors: Reza Zarghamee, Jason A. Schwartz, Leslie Platt

Washington, DC-based Pillsbury Winthrop Shaw Pittman lawyers Leslie Platt, Reza Zarghamee and Jason Schwartz with staff member Vladimir Chechik co-authored this article, which originally appeared in PharmAsia News, January 2008.

Bylined Article
1/23/2008
When the Press Comes to Call
Source: Law.com
Authors: Kirke M. Hasson, Kenneth W. Taber

Ken Taber and Kirke Hasson, co-heads of Pillsbury Winthrop Shaw Pittman's Litigation practice, authored this article which originally appeared on Law.com, January 23, 2008.

Bylined Article
1/18/2008
The Age of Outsourcing Mega-deals has Arrived
Source: Insurance Day
Author: Tim Wright

Tim Wright, head of Pillsbury Winthrop Shaw Pittman's Global Sourcing practice for the firm's London office, authored this article, which first appeared in Insurance Day, January 18, 2008.

Bylined Article
1/14/2008
Spillover Effect from Subprime Collapse
Source: Real Estate Board of New York: A New York Law Journal Special Section
Authors: Brant K. Maller, Rick B. Antonoff
Bylined Article
Fall 2007
Don't Assume You Own Those Drawings
Source: Pillsbury on Real Estate
Author: Scott E. Barat

Protecting yourself from potential legal repercussions of unintentional yet unauthorized use of an architect’s drawings and specifications.

Bylined Article
November 2007
Implications of the KSR Decision for Generic Drug Makers
Source: Bloomberg Corporate Law Journal
Authors: John R. Wetherell, Ph.D., Michelle L. Mehok
Bylined Article
Bylined Article
10/26/2007
Practicing Ethics
Source: New York Law Journal
Author: David G. Keyko

David Keyko, a partner in Pillsbury Winthrop Shaw Pittman's litigation practice and member of the firm's Professional Responsibility Committee, authored this article which originally appeared in New York Law Journal, October 26, 2007.

Bylined Article
10/24/2007
Why Pillsbury Eliminated Mandatory Retirement
Source: Law.com
Authors: Deborah Johnson
Bylined Article
10/15/2007
New Rules Change Open-Source Landscape
Author: James G. Gatto
James Gatto, head of Pillsbury Winthrop Shaw Pittman's Intellectual Property practice and co-head of the firm's Open Source team, authored this article, which originally appeared in Washington Technology, October 15, 2007.
Bylined Article
10/3/2007
Finding allies in the patent reform debate
Source: The Hill
Authors: Bryan P. Collins, Thomas P. O'Donnell
Bylined Article
October 2007
New Minnesota Data Retention Law Creates Potential Liability for Merchants
Source: Privacy & Data Security Law Journal
Authors: Meighan E. O'Reardon, John L. Nicholson

John L. Nicholson, senior associate, and Meighan E. O'Reardon, law clerk, both members of Pillsbury Winthrop Shaw Pittman’s Global Sourcing practice, authored this article which originally appeared in the October 2007 issue of Privacy & Data Security Law Journal.

Bylined Article
9/3/2007
Proposed Rule May Delay Payments
Source: Washington Technology
Author: John E. Jensen
Bylined Article
8/22/2007
Commentary: Identifying Trends Helps Keep Client Teams Effective
Source: Law.com
Author: James M. Rishwain, Jr.

Jim Rishwain, Chair of Pillsbury Winthrop Shaw Pittman, authored this article which originally appeared on Law.com, August 22, 2007.

Bylined Article
8/3/2007
Plan Now so Company's Insurance Coverage Won't be a Washout
Source: Houston Business Journal
Author: Vincent E. Morgan

Vince Morgan, a member of Pillsbury Winthrop Shaw Pittman's Insurance & Reinsurance industry group, authored this article which first appeared in the Houston Business Journal, August 3-9, 2007.

Bylined Article
7/9/2007
A Firm's Fun, Page-Flipping Battle
How to bring associates into a law library? Hold a research contest.
Source: Legal Times
Author: William P. Atkins
Bylined Article
6/22/2007
Practicing Ethics
Source: New York Law Journal
Author: David G. Keyko
Bylined Article
June 2007
FSA Regulation on Outsourcing and Wider Policy Changes
Source: e-commerce law & policy, Volume 09, Issue 06, ISSN 1416-013X; e-finance & payments law & policy
Author: Tim Wright
Bylined Article
June 2007
U.S. Oil Regulation 2007
Source: Global Competition Review
Authors: Catherine C. McCulley, Michael S. Hindus
Bylined Article
June 2007
U.S. Gas Regulation 2007
Source: Global Competition Review
Authors: Michael S. Hindus, Jennifer L. Hong
Bylined Article
June 2007
Point Solutions Ltd v Focus Solutions Ltd
[2007] EWCA (Civ 14) 23 January 2007
Source: e-commerce law reports
Author: Tim Wright
Bylined Article
6/11/2007
Small Business on the Block Should Explore ESOPs
Source: Washington Technology
Author: Matthew B. Swartz
Bylined Article
6/1/2007
Securities and Tax Implications for Hedge Fund Managers in Post-FIEL Japan
Source: ComplianceAsia
Authors: Jay B. Gould, Yukinori Machida

Yukinori Machida and Jay Gould, members of Pillsbury Winthrop Shaw Pittman's Investment Funds & Investment Management Practice Team, co-wrote this article which originally appeared in ComplianceAsia, June 1, 2007.

Bylined Article
May 2007
Keys to Successful Corporate Spin-Offs — A Guide for Transitioning Third-Party Technology Services and Enterprise Agreements
Source: BNA International, Corporate Restructuring
Author: Mario F. Dottori

Whether in the form of an outsourcing, corporate acquisition, divestiture or spin-off, the success of transformational undertakings must begin and end with a focus on the intended business and operating models of the succeeding enterprise(s). The commercial viability of a post-spin enterprise (and indeed its market valuation) will, in part, turn on whether there is a clear path for day-one and sustainable business continuity. Separation of technology infrastructures, systems and related contracts are often the most complex considerations facing the enterprise.

Bylined Article
Bylined Article
May 2007
Johnson v The MDU: 'processing' under the DPA
Source: e-commerce law & policy
Author: Tim Wright
Bylined Article
4/27/2007
Practicing Ethics
Source: New York Law Journal
Author: David G. Keyko
Bylined Article
Bylined Article
March 2007
The Secret Life of Hedge Funds May Be Over
Source: Institutional Investor Hedge Fund Asset Flows & Trends Report 2006-2007
Author: Jay B. Gould

Jay B. Gould, a partner in Pillsbury Winthrop Shaw Pittman's Corporate & Securities practice group and co-leader of the firm's Investment Funds & Investment Management practice team, authored this article which originally appeared in Institutional Investor's Hedge Fund Asset Flows & Trends Report, 2006-2007.

Bylined Article
2/23/2007
Practicing Ethics
Source: New York Law Journal
Author: David G. Keyko
Bylined Article
February 2007
Doubts Wane Over GPL Enforceability
Source: Managing Intellectual Property
Author: James G. Gatto
Bylined Article
2/4/2007
An Integrated Approach to International Energy Investment Protection
Source: Proceedings of 58th Annual Oil and Gas Law Conference
Authors: Robert A. James, John G. Mauel
Bylined Article
Winter 2007
SEC Issues Final Rules on Executive and Director Compensation Disclosure Requirements
Authors: Brian M. Wong, Harpreet Bal

Brian M. Wong and Harpreet S. Bal, members of Pillsbury Winthrop Shaw Pittman’s Corporate & Securities practice, authored this article which originally appeared in Bloomberg Corporate Law Journal, Winter 2007.

Bylined Article
1/15/2007
Infotech and the Law: Ring in the New Year with revised T&M payment rules
Source: Washington Technology News
Author: John E. Jensen

"Ring in the New Year with revised T&M payment rules," published in Washington Technology News, January 15, 2007, was authored by John Jensen, head of Pillsbury Winthrop Shaw Pittman's Government Contracts & Disputes practice. To access the article, please click here.

Bylined Article
7/10/2006
Keep Close Tabs on Your Inner Lobbyist
Source: Washington Technology
Author: John E. Jensen

“Keep Close Tabs on Your Inner Lobbyist,” published in Washington Technology News, July 10, 2006, was authored by John Jensen, head of Pillsbury Winthrop Shaw Pittman's Government Contracts & Disputes practice.

Bylined Article
Bylined Article
1/23/2006
Patentable Matter Redefined?
Is method for detecting vitamin deficiency unpatentable natural phenomenon? Supreme Court will decide.
Source: The National Law Journal
Authors: Carolyn S. Toto

This article was originally published in The National Law Journal on January 23, 2006.

Bylined Article
March 2005
The Ethics of Hiring Government Employees
Source: The GovCon Report
Authors: Alex D. Tomaszczuk
Government Contracts & Disputes partner Tomaszczuk authors this article about the six rules to follow when it comes to employment discussions with government employees, and the complex statues and regulations that govern this are of law.

Bylined Article
7/9/2004
New Code on Old Cabling: Something to Untangle
Source: Washington Business Journal
Authors: Elizabeth W. Rugaber, Debbie B. Spartin
Bylined Article
7/1/2004
Key Considerations for Potential Licensees and Licensors of Music
Source: Entertainment and Sports Lawyer
Author: Cydney A. Tune

In the first article in this series I discussed the basic copyright principles that are important if one is involved in licensing music. I also addressed the layers of rights that are unique to music and the fact that the owner of the rights in a sound recording in a song is not necessarily the same as the owner of the rights in a sound recording of that song and that there can be other rights involved as well. Here I discuss the important threshold considerations for potential licensees when they have decided to use music and those of the potential licensors.

Bylined Article
7/1/2004
The Myriad World of Music Licenses
Source: Entertainment and Sports Lawyer
Author: Cydney A. Tune

Part 1 in this series contained a discussion of the basic copyright principles that are important in licensing music and the unique layers of rights that are involved. Part 2 included a discussion of the initial considerations for both the potential licensor and the potential licensee of music. Here, in Part 3, I discuss the primary types of music licenses, with a description of each type of license by which rights in music are granted along with a brief discussion of some of the key terms and issues concerning such licenses.

Bylined Article
7/1/2003
Music Licensing-from the Basics to the Outer Limits
Source: Entertainment and Sports Lawyer
Author: Cydney A. Tune

Part 1: Music licensing basics
Music has become pervasive in our lives and most (if not all) of the music we hear has been licensed. There are the obvious and expected sources of music, such as music on the radio, on the soundtracks of movies and television programs, in video games and in advertising. Music is also used in training videos and other audio-visual projects, on Web sites, in creating new music and video games. In addition, we hear music when we shop, when we are on hold on the phone, when we ride an elevator, eat in restaurants and even on our cell phones. In addition to the music that we hear, music lyrics and notation are often used; music lyrics or music notation is found in articles, books, liner notes and Web sites.

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