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Publications Search Results

Type: Bylined Article

366 items found. Search Again.

Bylined Article
August 2015
EPA's New RCRA Subtitle D Coal Combustion Rules are Published in the Federal Register
Source: EM Magazine
Author: Anthony B. Cavender

EPA’s new rules regulating the disposal of coal combustion residuals as non-hazardous solid waste under the Resource Conservation and Recovery Act (RCRA) Subtitle D have been published in the Federal Register. The rules are effective on October 14, 2015, and they are being challenged in court.

Bylined Article
8/15/2015
The Sedona Conference Releases Draft Commentaries on Patent Litigation Best Practices
Source: Bloomberg BNA's Patent, Trademark & Copyright Journal
Authors: Gary M. Hoffman, Jim W. Ko

Two Sedona Conference Working Groups are publishing a series of non-partisan, consensus-based best practice commentaries addressing costs, delays and perceptions of ‘‘abuse’’ in the patent litigation system. The commentaries are designed to complement the 10-year Patent Pilot Program in the federal courts and help practitioners navigate the new relationship between federal litigation and administrative proceedings under the Patent Trials and Appeals Board (PTAB).

Bylined Article
7/24/2015
Insurance Coverage for Nuisance Claims in the Oil Patch
Source: Texas Lawyer
Authors: Tamara D. Bruno, Vincent E. Morgan

Texas is one of the oil and gas producing states where mineral interests can be severed from the surface estate. As a result, property owners in that situation find themselves with oil and gas production activities on or near their property without sharing in the benefits associated with that production. The mineral estate is dominant, so the mineral owner has the right to freely use the surface estate to the extent reasonably necessary for the exploration, development and production of oil and gas on the property. That includes activities such as building roads, drilling wells and transporting equipment and personnel.

Bylined Article
7/17/2015
Appellate Division Review
Source: New York Law Journal
Authors: The Honorable E. Leo Milonas, Andrew C. Smith

As he has done each quarter since 2006, Pillsbury partner Leo Milonas, with coauthor Andrew Smith, looks back on the previous quarter and highlights a few products of the Appellate Division's work.

Bylined Article
07/10/2015
TTIP: What Does It Mean for the Food and Beverage Industry?
Source: FoodBev Media
Author: James R. Tumbridge

Talks are underway between the US and the EU to establish a Transatlantic Trade and Investment Partnership (TTIP). With the deal facing obstacles in the US Congress as well as a growing attack in Europe, businesses leaders might be forgiven for wondering whether TTIP is worth all this bother.

Bylined Article
7/3/2015
U.S. P3's Tenuous Balance
Source: International Financial Law Review
Authors: Peter A. Baumgaertner, Richard L. Epling, Matthew J. Oliver

Both public-private partnerships and tax-exempt financing have the potential to improve US infrastructure. But it’s difficult to benefit from both.

In the US, government assets may be financed with tax-exempt bonds if the state or municipality has enacted authorising legislation, and the bonds are permitted under the state constitution. That landscape changes, however, when those same assets become part of a public-private partnership (P3). Failure of a P3 to comply with the requirements of the US Tax Code can cause the project debt to lose its tax-exempt status.

Bylined Article
7/1/2015
TTIP: A Shot in the Arm for Global Traders
Source: International Trade
Author: James R. Tumbridge

Should businesses fear TTIP?

Talks are underway between the US and the EU to establish a Transatlantic Trade and Investment Partnership (TTIP). With the deal facing obstacles in the US Congress as well as a growing attack in Europe, businesses leaders might be forgiven for wondering whether TTIP is worth all this bother.

Bylined Article
Summer 2015
Redevelopment Rewind: A Look at the Current Status of Public and Private Brownfields Redevelopment
Source: Environmental Law News
Authors: Mark E. Elliott, Amy E. Gaylord

In addition to being eyesores, contaminated properties are commonly believed to contribute to an increase in crime and the downfall of neighborhoods, often accompanied by the relocation of business and residential communities. Local agencies and communities have a strong interest in facilitating the redevelopment of Brownfields1 to prevent the loss of business and the associated tax revenues. And blighted neighborhoods, often located in urban areas, can be prime locations for “infill development” as both commercial and residential developers seek proximity to downtown areas. But despite these very real incentives for Brownfields development, there is a natural tension between state and federal environmental laws designed to impose liability on responsible parties for contamination, and the desire of companies, communities and investors to take on the risk of redeveloping Brownfields.

Bylined Article
7/1/2015
A New York P3 State of Mind
Source: Project Finance International, Issue 556
Authors: Fernando J. Rodriguez Marin, Nicolai J. Sarad

To the frustration of many stakeholders on all sides of the equation, the State of New York has not yet enacted legislation authorising complex infrastructure public-private partnerships. Paradoxically, the Port Authority of New York and New Jersey, which is not bound by the State’s procurement laws under its special charter, has recently closed one long-term design build finance operate and maintain (DBFOM) P3 contract for the Goethals Bridge, and has selected preferred proposer for the La Guardia Airport Central Terminal project, also a DBFOM contract.

Bylined Article
June 2015
CFPB’s Report to Congress: To Arbitrate Consumer Financial Services Claims or Not
Source: Banking & Financial Services Policy Report, Vol. 34, No. 6
Authors: Christine A. Scheuneman, Amy L. Pierce

The Consumer Financial Protection Bureau published its “Arbitration Study, Report to Congress, Pursuant to Dodd-Frank Wall Street Reform and Consumer Protection Act §1028(a)” and a “Fact Sheet” about the Report in March. The Report follows and updates the CFPB’s “Arbitration Study Preliminary Results” issued in December 2013. The CFPB characterizes its Report as “the most comprehensive empirical study of consumer financial arbitration carried out to date.” Consumer financial services companies should consider the Report’s approach, possible rulemaking and actions by the CFPB, and steps that can be taken to anticipate those actions.

Bylined Article
June 22, 2015
Companies Facing Cyberattacks from Nation-States Need Better Legal Protection
Source: Wall Street Journal's CIO Journal
Author: Brian E. Finch

Furious. Incensed. Appalled. Those are just a few of the less colorful adjectives being used to describe Washington’s reaction to the ever-expanding hack of the U.S. Office of Personnel Management. “Fuming” has been used so many times it’s a wonder that smoke alarms are not constantly blaring on Capitol Hill.

Bylined Article
6/17/2015
How Businesses Can Reduce Cyber Risk: Pre and Post Incident
Businesses Need to Take a More Proactive Approach to Reducing What Is a Fast-Increasing and High-Profile Area of Risk
Source: Information Age
Author: Rafi Azim-Khan

As the volume of sensitive data that businesses store ever increases, the use of mobile devices continues to grow and cyber villains become ever more sophisticated, it is perhaps of no surprise that we hear about new instances of information theft and data loss on a daily basis.

Bylined Article
May/June 2015
Street Art: The Everlasting Divide Between Graffiti Art and Intellectual Property Protection
Source: Landslide
Authors: Bobby Ghajar, Brittany M. Elias

Does intellectual property law protect unsanctioned graffiti art? With the rising appreciation for street art, this is a question of growing importance in today’s art market. Graffiti is perhaps one of the fastest growing artistic movements. Street art embraces metropolitan walls and streets, gifting the public with innovative imagery that becomes a part of the city as much as the wall it rests on.

Bylined Article
6/11/2015
The FIFA Scandal: The Long Foot of American Justice
Source: Bloomberg BNA's Big Law Business
Author: Matthew Oresman

Envelopes of cash. Vote rigging. Wiretapped recordings in 5-star hotel rooms. A dramatic early morning police raid coordinated between the FBI and Swiss law enforcement. An episode of the Sopranos? No, but it is a day in the life of FIFA.

Bylined Article
6/10/15
Keep Calm and Carry on with Nuclear Power, Part II
Source: The Hill
Author: Jeffrey S. Merrifield

A little over two weeks after the 2011 accident at the Fukushima Daiichi nuclear power plant in Japan, I wrote a column for The Hill, “Keep calm and carry on with nuclear power,” in which I stated:

Now is not the time for rash judgments about America’s nuclear power stations, which produce one-fifth of all electricity. Give the NRC [Nuclear Regulatory Commission] time to study the still unfolding events, inspect capabilities at U.S. plants and develop commonsense, yet protective measures that will maintain U.S. leadership in safe nuclear energy technology and operation.

Bylined Article
June, 2015
A New Era
This article was originally published in The Oath, Issue 42, June 2015.
Source: The Oath
Authors: James Campbell, Christopher D. Gunson

The Islamic Republic of Iran has some of the largest oil and gas reserves in the world. Current estimates place Iran’s oil reserves at 150 billion barrels and gas reserves at more than 1,192 trillion cubic feet. Despite these abundant reserves, Iran’s production sharply declined after the Iranian Revolution in 1979, and production today is approximately half of the rate of production during the mid-1970s.

Bylined Article
June 2015
Oil Regulation 2015 - United States
Getting the Deal Through
Authors: Robert A. James, Stella Pulman

Energy partner Robert A. James and senior environment, land use & natural resources senior 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
May 20, 2015
Securing Finance for Nuclear Projects
Source: Project Finance International
Authors: Elina Teplinsky, Vincent C. Zabielski

The resurgence of new nuclear power plant construction in the past decade, dubbed the nuclear renaissance, has faced several challenges, including political hesitancy in some markets to move forward with new projects after the Fukushima Daiichi accident of 2011, protracted licensing and construction schedules, and the difficulty in emerging markets of arranging for proper infrastructure to support nuclear power programmes. One of the principal challenges, however, to truly reviving the growth of nuclear power, has been obtaining adequate financing of the substantial capital cost of nuclear construction.

Bylined Article
5/15/15
FCA Threats Are Likely Greatest Outside The Fortune 100
Source: Law 360
Authors: Joseph D. Jean, Jeffrey A. Kiburtz

The federal government recovered nearly $6 billion from False Claims Act cases in fiscal year 2014. Of that amount, over half ($3.1 billion) came from banks and other financial institutions, with $1.85 billion of that amount coming from a settlement with Bank of America Corp. alone. The federal government recovered another $2.3 billion for alleged fraudulent claims submitted under federal health care programs, such as Medicaid and Medicare, with almost half of that amount coming from a $1.1 billion settlement with Johnson & Johnson and its subsidiaries related to allegations of off-label use of certain medications.

Bylined Article
5/6/15
Fintech and Finance: How to be Part of the Fintech Investment Boom
Source: Tech City News
Author: Samuel J. Pearse

Much has been made of the UK’s growing fintech industry. Research published by Accenture in 2014 showed the UK and Ireland enjoyed a growth rate outstripping the rest of Europe and Silicon Valley over the past five years.

Bylined Article
May 1, 2015
Finding Face in the Fintech Investment Boom
Source: Acquisition International
Author: Samuel J. Pearse

The UK’s fintech industry is booming. Over the past five years, the UK and Ireland enjoyed a growth rate outstripping the rest of Europe and Silicon Valley according to research published by Accenture in 2014. However, the more mature US technology sector and investment culture means UK businesses lag behind their US counterparts in attracting the investment to move them through the stages of growth. So what should private equity houses and venture capitalists look for when assessing early-stage, consumer- facing fintech businesses for potential investment?

Bylined Article
May, 2015
Federal Employment Law Changes for Government Contractors in 2014—What Every Contractor Should Know—Part II
Source: Government Contracting Law Report
Authors: John E. Jensen, Julia E. Judish

In 2014, through new Executive Orders, directives to the Department of Labor, and new regulatory action, the Obama Administration used its executive authority to implement changes to employment practices in the government contracting community. In the first part of a two-part article, which appeared in last month’s Pratt’s Government Contracting Law Report, the authors explained changes in pay equity, and prohibiting discrimination on the basis of sexual orientation and gender identity. This second part of the article focuses on actions expanding employment opportunities for veterans and individuals with disabilities.

Bylined Article
May, 2015
Framework for Nuclear Agreement with Iran Announced—But Still a Long Way to Go
Source: WorldECR
Authors: Stephan E. Becker, Nancy A. Fischer, Aaron R. Hutman, Christopher R. Wall, Stephanie J. Rohrer

On April 2, 2015 representatives of the United States, Britain, France, Germany, China and Russia (collectively, the “P5+1” countries) announced that they had agreed with the Islamic Republic of Iran on the Parameters for a Joint Comprehensive Plan of Action Regarding the Islamic Republic of Iran’s Nuclear Program (the “Parameters” or “Framework Agreement”). The Parameters establish a comprehensive framework regarding Iran’s nuclear energy industry and capabilities. The parties have not yet drafted the text of the final agreement and will continue to negotiate implementation details, probably until the June 30, 2015 deadline (with some indications that the deadline could be extended). Meanwhile, U.S., EU and UN sanctions will remain in place until Iran demonstrates verifiable compliance with the key terms of the agreement.

Bylined Article
April, 2015
Federal Employment Law Changes for Government Contractors in 2014—What Every Contractor Should Know—Part I
Source: Government Contracting Law Report
Authors: John E. Jensen, Julia E. Judish

In 2014, through new Executive Orders, directives to the Department of Labor, and new regulatory action, the Obama Administration used its executive authority to implement changes to employment practices in the government contracting community. In this first part of a two-part article, the authors explain changes in pay equity, and prohibiting discrimination on the basis of sexual orientation and gender identity. The second part of the article, which will be featured in an upcoming issue of Pratt’s Government Contracting Law Report, will focus on actions expanding employment opportunities for veterans and individuals with disabilities.

Bylined Article
April, 2015
The Draft U.S. Consumer Privacy Bill of Rights Act: Proposing Changes Large and Small
Source: Bloomberg BNA
Author: Catherine D. Meyer

On February 27, 2015, the Obama Administration released its discussion draft of the Consumer Privacy Bill of Rights Act (‘‘Draft’’)1 (see WDPR, March 2015, page 30). Its stated purpose is to ‘‘establish baseline protections for individual privacy’’ and to implement and enforce those protections.

Bylined Article
4/24/2015
War in Cyberspace
Source: Fox Business
Author: Brian E. Finch

The steady stream of cyberattacks targeting U.S. companies compels the private sector to develop enterprisewide prevention, mitigation, and response strategies. Companies now implement multilayered strategies to stop as many cyberattacks as possible from penetrating their outer defenses. When those efforts fail, they rely on plans to minimize and recover from losses. As an embedded part of that strategy, many industries use cyber insurance to minimize financial losses.

Bylined Article
4/23/2015
U.S. Yieldcos Must Evolve to Survive
Last year yieldcos were heralded as renewable energy’s hottest new financing structure. But the model must adjust.
Source: International Financial Law Review
Authors: Michael T. Reese, Matt Haugland

On March 10, 8point3 Energy Partners, a joint venture between First Solar and SunPower, filed a registration statement with the Securities and Exchange Commission (SEC) for an initial public offering (IPO) of its class A limited partnership shares. If the IPO goes forward as planned, 8point3 Energy Partners will become the seventh yieldco to launch since NRG Yield debuted the structure with its own IPO nearly two years ago.

Bylined Article
4/22/2015
Riley and the Third-party Doctrine
This article was originally published in Westlaw Journal on April 9, 2015.
Source: Westlaw Journal
Author: Marley Degner

On June 25, 2014, the U.S. Supreme Court issued one groundbreaking opinion in two cases regarding cellphone searches incident to arrest. In a unanimous opinion, the court held that under the Fourth Amendment, police must obtain a warrant prior to searching the cellphone of an arrestee. The court found that the “immense storage capacity” of cellphones and their aggregation of data differentiated them from other items found on an arrestee’s person. Chief Justice John G. Roberts Jr. wrote that cellphones “could just as easily be called cameras, video players, rolodexes, calendars, tape recorders, libraries, diaries, albums, televisions, maps, or newspapers.”1

Bylined Article
4/21/15
Banking Technology: Finding the Balance Between Cost-Effectiveness and Manageability
Source: Pillsbury's SourcingSpeak blog
Authors: Rich Jones, Mike Pierides

As the range of technology employed by the UK’s leading banks widens, the balance between cost-effectiveness and manageability of solutions becomes increasingly difficult to strike. Mike Pierides (Partner) and Rich Jones (Associate) from law firm Pillsbury examine some of the challenges banks face in sourcing the technology they need to stay competitive.

Bylined Article
4/20/2015
Managing Ageing Fleets
Source: Airline Fleet Management
Author: Debra Erni

This article was originally published in Airline Fleet Management on April 14, 2015.

Manufacturers design modern aircraft with a prescribed lifespan, or ‘design life’ of 25 years. The lifespan includes a specified number of flight hours and flight cycles, which allows the aircraft OEM, owner and operator to expect reliability in terms of service, components and function for a set period of time.

Bylined Article
April 2015
Appellate Division Review
Source: New York Law Journal
Authors: The Honorable E. Leo Milonas, Andrew C. Smith

As he has done each quarter since 2006, Pillsbury partner Leo Milonas, and now with Andrew Smith, look back on the previous quarter and highlight a few products of the Appellate Division's work.

Bylined Article
4/13/2015
The Good, The Bad and The Downright Ugly of the Internet of Things
From Hacked Fridges and Baby Monitors to Cyber Security as a Crime, Big Brother and Big Data, the Internet of Things (IoT) Certainly Gets Its Fair Share of the Headlines
Source: Information Age
Author: Tim Wright

This article was originally published in Information Age on April 13, 2015.

Regulators around the world are increasingly concerned to ensure that security and privacy issues are taken seriously by device manufacturers.

Bylined Article
April 2015
Recent trends in commercial aircraft finance
Source: Financier Worldwide
Authors: Graham Tyler, Adam Beavill

Since the financial crisis, the aviation finance market has been through much change with the initial heavy reliance on export credit financing from US Export-Import Bank (Ex Im Bank) and the other export credit agencies (ECAs), the support of which was needed at the time to ensure that there was financing available for new aircraft deliveries, shifting more recently to a focus on the capital markets and commercial debt, in relation to the latter particularly from new entrant banks in the Asian market.

Bylined Article
4/2/2015
Protecting the Lesser Prairie Chicken Under the Endangered Species Act: A Problem and an Opportunity for the Oil and Gas Industry
Source: Texas Environmental Law Journal
Authors: Thomas A. Campbell, Brad Raffle, Anthony B. Cavender, Norman F. Carlin

The brightest of President George H. W. Bush’s thousand points of light were arrayed around the table. Those present included the Secretaries of the Departments of Interior and Agriculture and the Administrators of the Environmental Protection Agency and the National Oceanic and Atmospheric Administration. Principals sat at the table surrounded by their general counsels and scientists in the outer ring of chairs within whispering distance. Convened for the Northern Spotted Owl, this was the “God Committee,” so named because it held the god-like power to override the protections of the federal Endangered Species Act(ESA) and allow actions that might cause the extinction of an entire species.

Bylined Article
4/01/2015
Cuba: US Companies Need Trademarks
Companies should consider Cuban trademark protection now.
Source: Latinvex
Authors: William P. Atkins, Richard L. Kirkpatrick
In December 2014, President Obama made an unexpected announcement signaling a “new course” for Cuba after more than fifty years of comprehensive U.S. sanctions. The changes to U.S. sanctions and export policy under the Cuban Assets Control Regulations and Export Administration Regulations (EAR) implemented in January 2015, although limited, opened new business opportunities for U.S. companies. Further liberalization may be considered in the future with Congressional support, although that is the subject of heated discussions in Washington, D.C. For now, it will make sense for many companies to consider strategic first steps in Cuba, including for intellectual property protection.
Bylined Article
April 2015
Reversing Course, EPA Tightens Its RCRA Hazardous Waste Recycling Rules
Source: EM Magazine
Author: Anthony B. Cavender

A long-term project by the U.S. Environmental Protection Agency (EPA) to reform, reduce, and relax the regulatory obstacles to the reclamation and recovery of valuable byproducts generated by industrial operations appears to have come to an end. In January 2015, EPA promulgated a final rule that again revised the agency’s regulatory definition of “solid waste,” which is the linchpin of EPA’s authority under the Resource Conservation and Recovery Act (RCRA) to regulate the management of hazardous waste (see January 13, 2015, Federal Register).

Bylined Article
March 2015
The Gathering Storm
Source: Data Centre News
Authors: Rafi Azim-Khan, Steven P. Farmer

Recent months have seen very major data protection law changes that affect not just UK or EU companies, but any companies which are deemed to be caught by ‘processing’ EU data. With data centres on the hook following these changes, Rafi Azim-Khan and Steven Farmer at Pillsbury Winthrop Shaw Pittman give an insight on what to expect.

Bylined Article
3/16/2015
Internet of Things is Not Immune from Internet Pitfalls
Source: Law360
Author: Brian E. Finch

Investors, analysts, and tech enthusiasts alike are abuzz about the opportunities surrounding the “Internet of Things.” The IoT represents the next frontier of Internet-connectable devices, with everything from watches and wristbands to refrigerators and light bulbs all being able to connect seamlessly to the Internet and interact with other devices.

Bylined Article
March 16, 2015
Q&A with Todd Canni
Source: PubKLaw
Authors: Todd J. Canni

As someone who has been on the inside of a government suspension debarment program and now regularly represents contractors, including individuals, facing debarment, what do you see as some of the more significant problems with agency practices?

Bylined Article
3/12/2015
European Regulator Action Shows Need for New Data-Transfer Solutions
Source: The Times
Author: Rafi Azim-Khan

Any business that moves customer, employee or other personal data should urgently review the basis for its transfers.

Last week, Facebook’s data-use policies came under fire yet again with Belgian regulators claiming they were in breach of EU laws. This latest criticism is symptomatic of the increased scrutiny into the privacy practices of many of the tech giants at a time when the EU strives to update its data-protection rules.

Bylined Article
3/10/2015
Retailers Need to Tackle 'Inevitable' Cyber Threats
Source: SupplyManagement.com
Author: Tim Wright

A recent study by IBM showed that although the number of attacks on retailers was down by 50 per cent in 2014, criminals still stole more than 61 million customer records.

Bylined Article
3/10/2015
The patenting of stem cells: An EU perspective
Source: SCRIP Intelligence
Author: Paul A. Harris

In a decision that was welcomed by the biotechnology industry in December 2014, the Court of Justice of the European Union (CJEU) ruled that a parthenote—an unfertilized human ovum stimulated to grow by parthenogenesis—is not capable of developing into a human being and so can be patented. In this article, Paul Harris—an IP Litigation partner at Pillsbury Law—examines the CJEU’s decision, and explores how the EU seeks to keep the moral balance in place, while allowing the patent system to work.

Bylined Article
3/4/2015
Drones in UK Skies: An Increasingly Crowded Regulatory Airspace
Source: Computer Weekly
Author: Tim Wright

With drones or unmanned aerial vehicles (UAVs) becoming commonplace in the UK in both commercial and non-commercial applications, the law has been required to evolve and play catch-up.

Bylined Article
3/4/2015
Unsafe Code at Any Speed?
Source: Fox Business
Author: Brian E. Finch

Though I am loathe to associate myself to Ralph Nader, a cybersecurity discussion recently brought to mind his seminal work, Unsafe at Any Speed.

For those of you unfamiliar with Nader’s book, it documented serious if not fatal design flaws in the Chevrolet Corvair, as well as serving as an indictment generally of the automobile industry. The main thrust of the book was that auto makers put driver and pedestrian safety at the bottom of their priority list, focusing more on costs and appearance.

Bylined Article
3/04/2015
U.S. Sanctions on Russia
An Analysis of Current Laws and Regulations Affecting the Securities and Futures Industries
Source: The Review of Securities & Commodities Regulation
Author: Stephan E. Becker
The partial sanctions program that the U.S. has imposed on Russia is enabled by a complex web of statutes, executive orders, and implementing regulations. It includes new types of restrictions that have not previously been interpreted. The author describes the elements of the regime and the difficulties of compliance. He concludes that uncertainties in the program may discourage companies from engaging in transactions not expressly prohibited, thus giving the sanctions a broader reach than their actual legal scope.
Bylined Article
3/3/2015
How Data Diets Can Improve Cyber Health
Source: Wall Street Journal's CIO Journal
Author: Brian E. Finch

The vast majority of data held by most companies has little or no business value—including drafts, duplicates, personal communications, even data or documents held over from spun-off companies or inherited from buildings they’ve purchased. At best, this type of data lacks productive value. At worst, this data can embarrass a company or lead to financial loss if it is ever exposed. In either case, retaining this data glut leaves companies maintaining an increased “cyber perimeter” and spending more and more time monitoring their larger infrastructure, as well as trying to use increasingly sophisticated tools to detect patterns that are indicative of the loss of information.

Bylined Article
March 2015
Are You Covered for a Superstorm?
Insurance Issues For Catastrophic Flooding and Wind
Authors: Robert L. Wallan, Robert A. James

A version of this article originally appeared in Surviving the Storm, March 2015, a Bay Area Council publication.

Superstorm Sandy provides a useful but sobering preview of the types of insurance and risk management issues that business and residents face given the prospects of a catastrophic storm. The 2012 storm began life as a hurricane and was still potent when it made landfall in a very populated area; Sandy caused $68 billion of damage. Similar storms can occur on most seacoasts worldwide, whether from single hurricanes, from tsunamis, or simply from unrelenting heavy weather patterns that overwhelm levees and other existing protections.

Bylined Article
March 2015
Implications of the CSC for suppliers
Source: Nuclear Engineering International Magazine
Author: James A. Glasgow

The article discusses the detail and implications of a new convention on compensation for nuclear damage.

Bylined Article
February 2015
The U.K. Government’s Draft Codes to Clarify New Legislation on Communications Data Retention and Investigatory Powers
Source: Bloomberg BNA's World Data Protection Report
Authors: Rafi Azim-Khan, Steven P. Farmer

The U.K. government recently consulted on a proposed update of the Acquisition and Disclosure of Communications Data Code of Practice and a draft of a new Retention of Communications Data Code of Practice.

The consultation, which ran from December 9, 2014, to January 20, 2015, has now closed.

Bylined Article
Spring 2015
‘Outsourcing Models’ for the Pharma and Biotech Industry
Source: European Pharmaceutical Contractor
Author: Tim Wright

Adopting the right model for any outsourcing is a key consideration. Typically, more time and effort needs to be invested in this key preparatory stage whereas, in practice, organisations, having made the decision to outsource, often rush headlong into engaging with potential suppliers and running the procurement phase. Ill thought out and overly complicated structures will cause the customer, in particular, problems in managing the deal over the term, often exacerbated by the original deal team moving on to new roles.

Bylined Article
2/12/2015
Defending Data Post-Anthem
Source: Huffington Post
Author: Brian E. Finch

Companies, especially health care providers and insurers, should take measures to prepare for further cyber attacks.

Bylined Article
2/5/2015
Red Bull Wins Trademark Opposition
Source: Intellectual Property Magazine
Author: Paul A. Harris

This article was originally published in Intellectual Property Magazine on February 5, 2015.

As an English speaker, it is perhaps sometimes difficult to understand how European tribunals (in this case, the Opposition Division at OHIM and the General Court) can perceive things in a wholly different way. But they can and they do as the appeal in today’s decision T-78/13 highlights.

Bylined Article
2/5/2015
Export Control Reforms Will Boost US-India Defense Trade
Source: Law360
Authors: Sanjay J. Mullick, Graham G. Wisner, Moushami P. Joshi, Benjamin J. Cote

This article was originally published on Law360 on February 5, 2015.

On the eve of President Obama’s trip to India, the U.S. Department of Commerce Bureau of Industry and Security removed export license requirements to India for a broad range of items with homeland security applications. BIS indicated it undertook this step as part of a series of rulemakings to “further transform our bilateral export control cooperation to realize the full potential of the strategic partnership between the two countries.”1 U.S. and Indian firms stand to benefit from these reforms, which will help expand cross-border trade in the defense and homeland and security sectors.

Bylined Article
2/3/2015
Privacy Compliance in Apps— an Important Agenda Item in 2015
Source: Telecoms.com
Authors: Rafi Azim-Khan, Steven P. Farmer

A 2014 survey of over 1,200 of the top mobile apps in 19 countries by the Global Privacy Enforcement Network (“GPEN”) found that 85% of the apps reviewed were non-compliant, failing to provide even the most basic privacy information to users.

Bylined Article
January 2015
Appellate Division Review
Source: New York Law Journal
Authors: The Honorable E. Leo Milonas, Frederick A. Brodie

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
1/7/2015
IT Workers of the World Unite!
Source: Fox Business
Author: Brian E. Finch

CISOs and CIOs, this is your big your chance. Seize it.

The Sony Pictures data breach could well be a curse for many of you, but it is also a golden opportunity. You’ll never again have such a great chance to call attention to your needs, much less your challenges.

Bylined Article
November/December 2014
Ingrid & Isabel, LLC v. Baby Be Mine, LLC
Source: E-Commerce Law Reports
Authors: Bobby Ghajar, Lori Levine

A California Court has found that the ‘look and feel’ of a website is protectable trade dress and suggests nuances for pleading and maintaining the claim, in a decision that marks the emergence of a new field of law.

Bylined Article
12/22/2014
Mr. President, Show the Movie
Source: Huffington Post
Author: Brian E. Finch

President Obama, never one to mince words, was quite emphatic in his disappointment over Sony Picture’s decision to not release “The Interview,” the movie at the heart of North Korea’s alleged decision to launch a destructive cyber-attack against an American company.

Bylined Article
12/22/2014
Obstacles to CSC for Nuclear Damage
Source: World Nuclear News
Author: James A. Glasgow

This article was originally published on World Nuclear News on December 22, 2014.

The New Year will likely bring a sea change to the international regime of financial protection for nuclear incidents.

Some governmental and industry stakeholders have great expectations for the Convention on Supplementary Compensation for Nuclear Damage (CSC)1. They have long predicted that it will create a new safe harbor for nuclear vendors and enhanced protection for members of the public.

Bylined Article
12/18/2014
Stand Up, Sony!
Source: Huffington Post
Author: Brian E. Finch

I find it more than a little ironic that as we wring our collective hands over the interrogation tactics used by the U.S. intelligence community, we are sitting idly by while attackers unknown are torturing and holding hostage an American company.

Bylined Article
12/11/2014
Why Cybersecurity Must Be Defined By Process, Not Tech
Source: Wall Street Journal's CIO Journal
Author: Brian E. Finch

This article was originally published in The Wall Street Journal's CIO Journal on December 11, 2014.

As cyber-attackers grow more sophisticated, the best and most realistic cyber defense strategy for CIOs is process-based.

Perhaps the most challenging question associated with cybersecurity is determining whether “enough” security has been implemented. For CIOs, risk managers, directors and officers, this is no abstract question. The inability to get cybersecurity “right” will certainly lead to losses, including possible job losses.

Bylined Article
12/05/2014
The Unified Patent Court and the Rumsfeld Conundrum
Author: Paul A. Harris
As time passes and aspects of the UPC structure and procedure become clearer, so the known knowns of the system become greater. In terms of the known knowns, Pharma knows that the Central Division handling pharmaceutical and life science matters (which will have jurisdiction over revocation actions, declarations of non-infringement and infringement actions where the defendant is not in a UPC territory e.g. the US, Japan etc.) will be in London. The known unknown is precisely where it will be located in London. It is, however, the unknown unknowns which are vexing industry (and not just Pharma).

Bylined Article
12/4/2014
Looking at Supplementary Compensation for Nuclear Damage
Source: Law360
Author: James A. Glasgow

Now that Japan’s Diet, as of Nov. 21, 2014, has approved Japan’s ratification of the Convention on Supplementary Compensation for Nuclear Damage (“CSC”) and implementing domestic legislation, Japan presumably will soon deposit its instrument of ratification with the International Atomic Energy Agency. Ninety days following such action by Japan, the CSC will enter into force, since its requirement for entry into force (a minimum of five ratifying parties collectively having at least 400,000 MW(t) of installed nuclear generating capacity) will have been satisfied.

Bylined Article
12/2/2014
5 Questions for the New Defense Secretary
Source: Fox Business
Author: Brian E. Finch

This article was originally published on Fox Business on December 2, 2014.

“Revolving door” is a favorite pejorative term associated with the Washington job market. It refers to the cycle of lawyers, lobbyists, and policymakers that leap between private sector jobs and mid to high-level bureaucratic or legislative spots. Many, such as the President, decry this “plague” as creating a culture of coziness that devalues the interests of Joe Taxpayer.

Bylined Article
December 2014
California Oil and Gas Law
Source: The Oil and Gas Law Review
Authors: Robert A. James, Margaret Rosegay, Norman F. Carlin

Robert A. James, a partner in the law firm’s Energy industry team, authored this chapter in the latest publication of The Oil and Gas Law Review. Rob, with extensive contributions by Pillsbury environmental partners Margaret Rosegay and Norman Carlin, 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 additional quantities of hydrocarbons in the Monterey Shale.

Bylined Article
November/December 2014
Working out those ABS
Source: Airline Economics
Authors: Melissa B. Jones-Prus, Mark N. Lessard

After a fallow post-crisis period, investors in the hunt for yield are once again taking a close look at aviation asset-backed securities (ABS), or similarly structured asset-backed loans. These rated instruments represent non-recourse debt backed by a diversified portfolio of aircraft (or aircraft engines) on operating leases around the world. The ratings are based on projected cash flows that can be generated by the asset servicer in the worldwide aircraft leasing market, as well as the projected residual or disposition values of the assets in the portfolio.

Bylined Article
Fall 2014
The Temperature Rises: A Hot Summer in Greenhouse Gas Regulation
Source: Environmental Law News
Author: Julia E. Stein

This article was originally published in the Fall 2014 issue of the California State Bar’s Environmental Law News.

The summer of 2014 sizzled in the field of greenhouse gas (GHG) regulation, with three key developments. First, the Environmental Protection Agency (EPA) promulgated a proposed “Clean Power Plan” to address carbon dioxide emissions from existing power. Second, the Supreme Court ruled on the scope of EPA authority in Utility Air Regulatory Group v. Environmental Protection Agency, 573 U.S. ___ (June 23, 2014). Third, PA proposed regulatory updates to existing performance standards for municipal solid waste landfills to reduce emissions of methane-rich landfill gas.

Bylined Article
November 2014
Ancillary Joint Ventures Involving Taxable and Tax-Exempt Health Care Entities: Addressing the Chilling Effect of IRS Inaction
Source: AHLA Connections
Authors: Gerry Hinkley, Allen Briskin, Caitlin Bloom Stulberg

Tax-exempt health care systems facing growing operating costs and falling revenues frequently explore creation of ancillary joint ventures (AJVs) as vehicles to raise capital, share risk, expand coverage, and provide care more efficiently, while preserving exempt status and avoiding unrelated business income tax (UBIT). Joint venture activity among tax-exempt entities is robust.1 However, tax-exempt systems typically are frustrated in their attempts to partner with taxable organizations because of the inadequate current state of guidance from the Internal Revenue Service (IRS) regarding tax-exempt/taxable combinations.

Bylined Article
12/25/2014
Buyer be Prepared
Source: LatinFinance
Authors: Richard L. Epling, Dina E. Yavich

This article was originally published by LatinFinance on November 25, 2014.

A rise of cross-border insolvencies in recent years has generated substantial litigation. In some cases, US bondholders, perceiving their treatment under a foreign reorganization plan to be inequitable, have sought a second chance by opposing the plan in the US on the grounds that its enforcement would be contrary to domestic public policy.

Bylined Article
November 24, 2014
Supply Chain Professionals Need to Take Action on Modern Slavery
Author: Tim Wright

This article was originally published on SupplyManagement on November 24, 2014.

With reports of an increase in the number of reported victims of labour exploitation, the Home Office recently announced changes to the Modern Slavery Bill whereby large companies will be required to disclosure annually the steps taken to ensure their supply chains are “slavery free.”

Bylined Article
11/21/2014
Cyber Neologisms Likely Headed for the Dictionary
Source: Fox Business
Author: Brian E. Finch

This article was originally published on Fox Business on November 21, 2014.

I am fascinated by the idea of creating new words out of thin air. It is an interesting concept that slang such as “selfie” and “ginormous” can officially become part of the English language.

Given that, I have come up with some new words (and phrases) to try and capture some of what is going on in the world of cybersecurity. With that, in no particular order, I give you my official list of cyber neologisms:

Bylined Article
November 2014
Health Care Financing Trends: What Do They Foreshadow?
Source: American Bankruptcy Institute
Author: Andrew M. Troop

This article first appeared in the American Bankruptcy Institute, November, 2014.

This article explores some current health care financing trends and speculates on what they may portend for work in a health care restructuring professional’s “pipeline.”1 While there are many kinds of health care enterprises on which to focus, we have chosen two to single out as representing the likeliest restructuring possibilities in the foreseeable future: (1) hospital facilities, systems and networks; and (2) residential facilities that are designed to attract more mature, senior-living populations, generally known as Continuing Care Retirement Communities (CCRCs). Before we analyze current trends in the financing of these businesses, the current state of these two types of health care endeavors needs to be explored to provide an overview of their current travails, concerns that point to restructuring possibilities several years down the road.

Bylined Article
November 2014
Lessons from Litigating Technology Service Agreements
Source: Business Law News
Authors: Blaine I. Green, Michael Murphy

This article was originally published in 2014's Issue 4 of the California State Bar's Business Law News.

Commercial lawyers ink thousands of contracts every day. Faced with an ever-shortening business cycle, they do not have the luxury of seeking perfection in the contracting process. In-house lawyers in particular must behave like other executives and managers – triaging issues and focusing their efforts on a select few critical business issues and fundamental risk allocation terms. Fortunately, very few contracts become contentious and even fewer end up in litigation, but when they do, we sometimes wish we had paid more attention to the finer points of the contract. A forma dispute process seems to bring out the worst in commercial lawyers’ written work product, particularly missing, conflicting, ambiguous, and unfavorable terms.

Bylined Article
11/15/2014
A Reality Check on Intellectual Property Concerns
Source: The Hindu
Author: Moushami P. Joshi

This article was originally published in The Hindu on November 15, 2014.

The Working Group on Intellectual Property can serve as a platform where real time solutions to meet India’s need for low-cost medicines can be addressed.

Bylined Article
11/12/2014
Five Cyber Security Takeaways from the Mid-Term Elections
Source: The Huffington Post
Author: Brian E. Finch

This article was originally published on The Huffington Post on November 12, 2014.

While not a much-discussed topic during campaign season, federal policy on cyber-security will likely see some material changes as a result of a Republican-controlled Senate. Just how significant those changes will be has yet to be determined, but here are some thoughts on probable outcomes:

Bylined Article
November/December 2014
Mexico's Energy Reform Provides Significant Opportunities in Oil and Gas Exploration and Production
Source: Energy Law Report
Authors: John B. McNeece III, Eric Save, Michael S. Hindus

This article was originally published in the November/December 2014 issue of Energy Law Report.

Mexico’s new energy legislation, which went into effect on August 12, 2014, will completely restructure the Mexican energy sector, including both hydrocarbons and electricity. This legislation opens up oil and gas exploration and production (“E&P”) to the private sector, through authorization of new contract arrangements with the Mexican State or with PEMEX, while reaffirming Mexico’s ownership of hydrocarbons in the ground. Mexico’s opening to the private sector will generate numerous opportunities for E&P operators, the E&P arms of international oil and gas companies, suppliers, and investors.

Bylined Article
11/5/2014
The Truth About Cyber Threat Information Sharing
Author: Brian E. Finch

This article was originally published on Fox Business on November 5, 2014.

Everywhere you turn, someone is calling for increased cyber threat information sharing: Congressional members, former Congressional members, former Executive branch officials, learned experts, my Aunt Selma (but not Patty).

Enough. I’m sick of hearing about it.

Bylined Article
11/4/2014
How Insurance Outsourcing is Changing
Source: Global Reinsurance
Authors: Mike Pierides, Rich Jones

This article was originally published on Global Reinsurance on November 4, 2014.

The benefits of IT outsourcing are well-established, with efficiency savings and flexibility in meeting demand being key drivers of an insurer’s decision to outsource in the first place.

However, as insurers renew and update their sourcing arrangements, they need to view their key outsourcing relationships as being an integral part of their overall business strategy.

Bylined Article
September/October 2014
Portfolio Management: Managing the Transition of Aircraft Coming off Lease
Source: Airline Economics
Author: Debra Erni

This article was originally published in the 2014 September/October issue of Airline Economics

The matter of redelivering an aircraft at lease expiry or upon an early termination is an extremely complex one, and often significantly more emotive than its acceptance into service. With the operating lessors’ percentage of the world’s aircraft fleet showing no signs of slow down, an efficient transition process from the current lessee to the next is critical in preserving the integrity and value of the asset, good customer relations and ultimately return on investment for a lessor. There are no common rules for return procedures, even for aircraft of the same type and age, and the fact that there is no hard and fast guarantee that the parties who originally negotiated the redelivery conditions in a lease will still be around to explain any ambiguities at lease-end only increases the potential for misunderstanding and miscommunication. Couple this with the peculiarities of a particular aircraft’s identity, history and problems, different individuals with different mentalities, languages, technical experience and expectations and it soon becomes all too apparent of just how much could go wrong.

Bylined Article
October 2014
Lehman Decision Transmutes Structured Finance Investors into General Unsecured Creditors
Source: Journal of Bankruptcy Law
Authors: Leo T. Crowley, Margot P. Erlich

This article was originally published in the October 2014 Journal of Bankruptcy Law.

The U.S. Bankruptcy Court for the Southern District of New York recently ruled that Lehman Brothers Holdings Inc. cannot subordinate securities fraud claims filed by holders of mortgage-backed securities under Bankruptcy Code Section 510(b) even though a Lehman Brothers affiliate and co-debtor was the depositor of, and considered the issuer for securities law purposes of, the mortgage-backed securities. The authors of this article discuss this very significant ruling and its consequences.

Bylined Article
10/24/2014
The Season of Panic
Source: Fox Business
Author: Brian E. Finch

This article was originally published on Fox Business on October 24, 2014.

I will never truly understand Washington’s obsession with naming “Czars” to address crises. First off, why the heck would anyone ever want a title named after an imperial dynasty whose hallmarks included immense repression and institutional Anti-Semitism? Let’s also not forget the inbreeding and resulting genetic defects (Hemophilia anyone?)

Bylined Article
October 2014
Energy Reform Legislation in Mexico Gives the Private Sector Unprecedented Opportunities in the Mexican Electrical Power Industry
Source: Energy Law Report
Authors: Eric Save, Michael S. Hindus, John B. McNeece III

This article was originally published in the October 2014 issue of Energy Law Report.

Mexico’s President recently signed into law a historic package of legislation to restructure the nation’s electrical power sector. This article discusses the legislation, which will create a more open and competitive power industry in Mexico, giving the private sector unprecedented opportunities to(i) generate power in Mexico for sale as a competitive wholesale electricity market and/or under long-term contracts with marketers or qualified users, (ii) market electricity service to large-scale consumers in Mexico,and (iii) enter into joint ventures,public-private partnerships, and service contracts with the state or the state-owned utility for the financing,construction and operation of infrastructure needed for the transmission, distribution, and generation of electrical power.

Bylined Article
October 2014
Prioritising Privacy
Source: Managing Partner
Author: Rafi Azim-Khan

This article was originally published in the October 2014 issue of Managing Partner.

Law firms and clients that are caught unaware of changes to international data protection legislation risk heavy fines.

Bylined Article
10/17/2014
The Latest on Preliminary Injunctions in Trademark Cases
Source: Law360
Authors: Richard L. Kirkpatrick

This article was originally published on Law360 on October 17, 2014.

On Oct. 6, 2014, the U.S. Supreme Court denied cert (13-1271) in Herb Reed v. Florida Entertainment, 736 F3d 1239 (9th Cir 2011), a case already slowly working a revolution in preliminary injunction motions practice in trademark infringement cases. For many years, PIs have been the standard remedy of choice to challenge and stop trademark infringements at an early stage. That long tradition may be in for a big change.

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

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
10/15/2014
Americans Increasingly Blasé Over Data Breaches
Source: Fox Business
Author: Brian E. Finch

This article was originally published on Fox Business on October 15, 2014.

If you have gotten to the point where you read about yet another data breach and thought “ho hum,” you are not alone. It is hard not to feel that way – it seems as if basically every place you might shop or do business is suffering from a data breach. These hacks run the gamut of the consumer spectrum, from discount stores and sandwich shops to some of the most respected luxury chains and high profile banks.

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10/13/2014
Mobile Banking and Payments—The FCA's Thematic Review Explained
Source: Electronic Payments International
Authors: Mike Pierides, Rich Jones

This article was originally published in Electronic Payments International on October 13, 2014.

The UK’s Financial Conduct Authority issued in September a thematic review into mobile banking and payments. The report had a broad remit and covered issues ranging from consumer rights to technology and security issues. One of the five high level findings focused on how firms retain oversight and control of third parties and outsourced functions. Mike Pierides, partner, and Rich Jones, associate, within Pillsbury Winthrop Shaw Pittman’s Global Sourcing group, explain the interaction between banks and third parties, and the related risks, in the context of mobile banking.

Bylined Article
10/8/2014
Good Counsel: Share Member Information with Care
Four caveats for putting exhibitors in touch with your members
Source: Associations Now
Author: Dawn Crowell Murphy

This article was originally published by Associations Now on October 8, 2014.

As you prepare for your events involving exhibitors or sponsors, you will likely encounter questions about how they can connect with your members and attendees. These companies are paying for the opportunity to participate in your activities and gain access to your audience. This may include obtaining your membership lists and members’ and attendees’ contact information.

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10/6/2014
Steps Directors and CIOs Can Take to Minimize Cyberattack Losses
Source: CIO Journal
Authors: Brian E. Finch, Sarah A. Good

This article was originally published in The Wall Street Journal's CIO Journal on October 6, 2014.

No director or officer can effectively carry out their duties today without considering the possibility of a cyberattack disrupting or damaging their company, and the fact that they will be the target of blame after the attack.

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10/3/2014
Copyright Laws and the Digital World: In Sync or Badly Dubbed?
Source: Intellectual Property Magazine
Author: Paul A. Harris

This article was originally published in Intellectual Property Magazine on October 3, 2014.

In light of the recent claim against YouTube performer Michelle Phan, Paul Harris, an intellectual property litigation partner at Pillsbury, reviews how copyright laws are functioning in the modern world.

Bylined Article
10/3/2014
Coverage for Actions in Response to Governmental Investigations and Prosecutions
Source: American Bar Association
Authors: Joseph D. Jean, Danielle Vrabie

This article was originally published by the American Bar Association on October 3, 2014.

Governmental investigations of businesses are on the rise. In 2013 alone, the U.S. Department of Justice (DOJ) recovered $3.8 billion in settlements and judgments under the False Claims Act (FCA)—the second largest recovery in history.

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10/2/2014
How Directors Can Mitigate Cyber Risk with the SAFETY Act
Source: National Association for Corporate Directors
Authors: Brian E. Finch, Sarah A. Good

This article was originally published by the National Association for Corporate Directors on October 2, 2014.

There is no shortage of advice on cyber security measures available to corporate directors. What’s missing from many discussions about cybersecurity however is an exploration of what measures are available to minimize a company’s exposure to litigation and financial loss in the aftermath of a cyberattack. This is due in part to the fact that, as of this writing, there is no established cybersecurity baseline directors can point to in order to demonstrate that their actions were reasonable or in line with a standard of care. Fortunately, there’s the SAFETY Act, a federal safe harbor law administered by the Department of Homeland Security that can establish a record of appropriate cybersecurity measures, thereby relieving many concerns associated about whether a company is doing enough to protect itself from cyber threats.

Bylined Article
9/30/2014
Watch Your (Supply) Tail
Source: The Huffington Post
Author: Brian E. Finch

This article was originally published on The Huffington Post on September 30, 2014.

“My logisticians are a humorless lot,” Alexander the Great once commented. “They know if my campaign fails, they are the first ones I will slay.”

Wow. Here I thought I had worked or some tough bosses in my day, but yikes.

Bylined Article
9/19/2014
High Court Roundup: Recent Pending Environmental Cases
Source: Law360
Authors: Anthony B. Cavender, Amanda G. Halter

This article was originally published on Law360 on September 19, 2014.

Scaling back considerably from its 2012 term, the U.S. Supreme Court issued only a few rulings affecting environmental law during last year's term. With significant pronouncements regarding the U.S. Environmental Protection Agency's Clean Air Act regulatory authority among them, however, the Supreme Court's Term was far from uneventful. Several more cases slated for its upcoming term presage rulings across a broad spectrum of environmental and administrative law issues.

Bylined Article
9/11/2014
CIOs Spur Revenue Generation Through Smart Cybersecurity
Source: The Wall Street Journal's CIO Journal
Author: Brian E. Finch

This article was originally published in The Wall Street Journal's CIO Journal on September 11, 2014.

Today as companies increasingly realize the value of strong cybersecurity, those CIOs who successfully implement an effective cybersecurity system should be viewed as a critical part of the revenue generation effort. An effective CIO who maintains a robust cyber risk management program will not only help ensure efficient operations, but will also play a role in crossing cybersecurity thresholds established by customers that would otherwise serve as a barrier to entry.

Bylined Article
9/11/2014
The tweet spot
Source: Credit Today
Author: Tim Wright

This article was originally published on Credit Today on September 11, 2014.

The advent of social media has seen many financial institutions, including banks, credit card companies and payday lenders, look towards websites such as Twitter and Facebook to raise their profiles.

Bylined Article
9/8/2014
FCA Issues Considerations on the Procurement of Off-the-Shelf Technology Solutions
Source: Banking Technology
Authors: Mike Pierides, Simon J. Lightman

This article was originally published in Banking Technology on September 8, 2014.

The Financial Conduct Authority has recently issued a series of “considerations” for firms that are thinking about using third-party technology banking solutions. The considerations do not seek to tell firms how to structure their IT procurements but rather provide a useful framework for firms to demonstrate that their IT services are effective, resilient and secure in line with the FCA’s required outcomes. Mike Pierides, Partner, and Simon Lightman, Counsel, within Pillsbury Winthrop Shaw Pittman’s Global Sourcing group report.

Bylined Article
September 2014
Fair play?
Source: Innovations in Pharmaceutical Technology
Author: Paul A. Harris

This article was originally published in the September 2014 issue of Innovations in Pharmaceutical Technology.

With blockbuster drugs reaching the end of their patent lives, many companies are looking for new ways to best secure their formulations and protect their share of the drugs market against increasing competition from generics. But are their motives justified?

Bylined Article
Summer 2014
The Measure of Malpractice—A Further Rebuttal to the “Threshold Approach”
The article originally appeared in the summer 2014 edition of the Journal of the American College of Construction Lawyers.
Authors: John R. Heisse, Jeffrey Jacobi
Bylined Article
9/3/2014
Will the Unified Patent Court for Europe help or harm the telecoms sector in the UK?
Source: Telecoms.com
Author: James R. Tumbridge

This article was originally published on Telecoms.com on September 3, 2014.

The Unified Patent Court (UPC) is the result of an agreement between 27 European countries to create a single patent for Europe (the ‘Unitary Patent’), with a single court (the UPC) to handle validity and enforcement matters.

Bylined Article
8/29/2014
Wending from Hobby Lobby to bald eagles
Source: The Daily Journal
Authors: Norman F. Carlin, Anthony B. Cavender

In June, a U.S. Supreme Court decision struck down regulations under the Affordable Care Act mandating contraception coverage in light of the Religious Freedom Restoration Act, or RFRA, in Burwell v. Hobby Lobby Stores. Now, Environment, Land Use & Natural Resources partner Norman Carlin and senior counsel Anthony Cavender write about how the RFRA and the Hobby Lobby decision apply to the use of bald eagle feathers in Native American ceremonies in light of the Bald and Golden Eagle Protection Act.

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8/28/2014
Online privacy concerns only increasing
Source: The Daily Journal
Authors: Kimberly Buffington, Carolyn S. Toto

As the use of the Internet has expanded to permeate every aspect of our lives, so have myriad legal issues. Te rapid pace of change has challenged the law in catching up in areas like online privacy. The amount of information being exchanged on the Internet is mind-boggling, and—because so much information can be gleaned from individuals by what they do (often unknowingly)—privacy has become a big concern.

Bylined Article
8/28/2014
Delaware’s Adoption of Garner — and Practical Ways to Respond
Source: Law360
Authors: Bruce A. Ericson, Dorothy F. Kaslow

This article was originally published in Law360 on August 27, 2014.

On July 23, 2014, the Delaware Supreme Court in Wal-Mart Stores Inc. v. Indiana Electrical Workers Pension Trust Fund IBEW held that plaintiff stockholders, who make a showing of good cause, can inspect documents concerning a corporation’s internal investigation even if those documents were otherwise covered by the attorney- client privilege and even if the plaintiffs’ inspection demands are made in Section 220 litigation.1 In so ruling, the Supreme Court expressly adopted the “fiduciary” exception to the attorney-client privilege first announced in a Fifth Circuit appellate decision dating from 1970, Garner v. Wolfinbarger.2 The court also ruled that Garner does not apply to efforts to protect nonopinion work product, which should be analyzed under Court of Chancery Rule 26(b)(3).

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8/26/14
A Needed Review
Source: The Huffington Post

This article was originally published on The Huffington Post on August 26, 2014.

As previously hinted at, President Obama has ordered a review of a Defense Department program that distributes surplus military equipment to state and local law enforcement agencies. This review, triggered by the civil disturbances in Missouri, will examine not only whether the equipment distribution was appropriation, but also whether proper training and oversight has concurrently been administered. In all likelihood, the review will expand to examine whether other federal programs, including the $2 to $3 billion in grants handed out annually by the Department of Homeland Security, have resulted in an “over-militarization” of police departments across the country.

Bylined Article
8/22/2014
Views on Right to be Forgotten, Big Data and Global Sourcing
This article was originally published in Bloomberg BNA’s Privacy Law Watch on August 22, 2014.
Source: Privacy Law Watch
Author: Brooke L. Daniels

In a landmark ruling, the European Court of Justice—the European Union’s top court—held that data subjects in the EU have the right to compel Google Inc. and other Internet search engines to remove search results linking to websites containing personal information about them.

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
8/14/2014
What Do I Need to Know and When Do I Need to Know It?
This article was originally published in the Huffington Post on August 14, 2014.
Author: Brian E. Finch
Another day, another big hack discovered. According to reports from the New York Times, the Wall Street Journal, and numerous other publications, a small group of cyber criminals based out of Russia were apparently able to collect around 1.2 billion usernames and passwords from more than 400,000 websites globally. The company that identified the hack, Hold Security, estimates that this hack is impacts more than 500 million people. Think about it: nearly one in ten people worldwide were apparently impacted by this attack. If true, wow.

Bylined Article
8/8/2014
CERCLA Dual Standard Hurts Property Owners, Purchasers
This article was originally published in Law360 on August 8, 2014.
Author: Amy E. Gaylord

The Comprehensive Environmental Response, Compensation, and Liability Act imposes strict liability for the costs of environmental contamination on four classes of responsible parties, including current owners of contaminated properties. The statute provides liability for even “innocent owners” who had nothing to do with the contamination-causing activities. The Small Business Liability Relief and Brownfields Revitalization Act of 2002 provided funds for brownfields revitalization and amended CERCLA to provide some liability relief for certain types of property owners. Specifically, the Brownfields Act limited CERCLA liability under Section 107 (42 U.S.C. § 9607) for bona fide prospective purchasers and contiguous property owners and clarified the requirements for an innocent landowner defense. One of the requirements to qualify for these defenses is that a purchaser of contaminated property must undertake “all appropriate inquiries” into prior ownership and prior uses of the site.1

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
8/1/2014
Politically Acceptable — A Unified Patent for Europe
Author: Paul A. Harris

This article was originally published in Pharmaceutical Market Europe on August 1, 2014.

The Unified Patent Court (UPC) is the result of an agreement between 27 European countries to create a single patent for Europe (the 'Unitary Patent'), with a single court (the UPC) to handle validity and enforcement matters.

Bylined Article
August 2014
The U.K.’s New Data Retention and Investigatory Powers Act 2014: Affecting Communication Services Providers Based in the U.K. and Beyond
Source: Bloomberg BNA
Authors: Rafi Azim-Khan, Steven P. Farmer

The U.K. Data Retention and Investigatory Powers Act 2014 (the ‘‘DRIP Act’’) received Royal Assent on July 17, 2014, and came into force with immediate effect.

Bylined Article
7/30/2014
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
7/29/2014
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
July 2014
Appellate Division Review
Source: New York Law Journal
Authors: The Honorable E. Leo Milonas, Frederick A. Brodie

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
7/14/2014
Will the Unified Patent Court for Europe help or harm the electronics sector in the UK?
Author: James R. Tumbridge

This article was originally published on Electronics on July 14, 2014.

The Unified Patent Court (UPC) is the result of an agreement between 27 European countries to create a single patent for Europe (the ‘Unitary Patent’), with a single court (the UPC) to handle validity and enforcement matters. The creation of the UPC has spurred a great deal of debate in political and legal circles, as well as within industry, and many have questioned whether it is going to be beneficial to patent holders, or whether potentially it could be damaging to certain sectors of the UK economy.

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
6/24/2014
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
6/23/2014
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
2014
Hallmarks of Infrastructure Success
Authors: Robert A. James

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

Bylined Article
6/5/2014
Circles and the Internet of Things
Source: Fox Business
Author: Brian E. Finch

This article was originally published on Fox Business on June 5, 2014.

Growing up, the sacred text in our house was Consumer Reports, a/k/a “Consumers”. Nary a television, home appliance, or automobile could be purchased without consulting the infallible guide to what was worth some hard earned dollars.

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
Co-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 Stanton

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

Bylined Article
5/15/2014
The World Needs a 21st-Century Arsenal of Democracy
Source: Fox Business
Author: Brian E. Finch

This article was originally published on Fox Business on May 15, 2014.

Poland, Estonia, Latvia, and Lithuania cannot look back with much comfort on the promise of Western assistance in the face of military aggression.

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
5/8/2014
Banding Together for Cyber Defense
Source: Wall Street Journal's CIO Journal
Author: Brian E. Finch

This article was originally published in the Wall Street Journal’s CIO Journal on May 8, 2014.

When discussing how companies can cooperate on cyber security, talk often revolves around information sharing. Yet while there’s value in the notion that companies and governments could freely share important threat data such as malware signatures and indicators of compromise, it’s not the last word on cooperative cyber defense. Opportunities exist now for CIOs to band together with other internal executives and similarly situated companies in the form of risk-pooling mechanisms to increase their defenses and better mitigate risk.

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

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

Bylined Article
4/28/2014
How to Fix the Amendment Fallacy
This article was originally published in Managing Intellectual Property on April 28, 2014.
Author: 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
4/22/2014
Is the Law Prepared for De-Extinction?
Source: Daily Journal
Authors: Norman F. Carlin, Ilan Wurman

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

Bylined Article
4/7/2014
California Quakes Should Shake Up 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: Kenneth W. Taber, Teresa T. Lewi

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, Dania Slim, Jerry L. Hall

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, Ilan Wurman, 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
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

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
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
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
11/13/2013
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, Stacie Kinser, 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
Author: 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: 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
Author: Patrick A. Doody

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

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
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
Helicopter Operating Leasing Comes of Age
Source: Euromoney Airfinance Annual 2013/2014
Author: 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: Thomas M. Shoesmith, Marc H. Axelbaum, Ryan R. Sparacino, G. Derek Andreson

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: David L. Beck, Rene L. Siemens

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
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
August 2013
Employers May Be Able to 'Pick Off' Named Plaintiffs in FLSA Collective Actions
Source: Employee Benefit Plan Review
Authors: Julia E. Judish, Keith D. Hudolin

This article was originally published in the August 2013 issue of Employee Benefit Plan Review.

In its recent decision in Genesis Healthcare Corp. v. Symczyk, the U.S. Supreme Court buttressed employers’ efforts to “pick off” named plaintiffs in collective actions for unpaid wages brought under the Fair Labor Standards Act (FLSA) with early offers of judgment that would satisfy only the named plaintiff’s individual claims. Whether this strategy will work for employers, however, depends ultimately upon how the lower courts interpret this opinion.

Bylined Article
August 14, 2013
Contractors Beware—COFC Endorses Clandestine Debarment System
Source: The Government Contractor
Authors: Todd J. Canni

The U.S. Court of Federal Claims recently endorsed the Government’s use of secret “blacklists” to debar contractors where justified by “national security” concerns. Under this new clandestine debarment system, field contracting personnel— not the agency suspension debarment official (SDO)—can debar a contractor and deem the “blacklist” classified to avoid having to disclose the debarment to the contractor. In this system, the blacklisted contractor, unaware of its ineligibility, continues to submit proposals, wasting time and resources, never to secure an award.

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, Meighan E. O'Reardon, James G. Gatto

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
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
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
June 2013
Infra Investment Opportunities in Brazil
Source: Project Finance International
Authors: Paulo H. 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: 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: 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: 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
March 2013
Coverage for "Rip and Tear" Costs: A Case Law Survey
Source: American Bar Association
Authors: Melissa C. Lesmes, John C. Bonnie, Charles E. Stauber, H. Eric Hilton

This article was originally published by the American Bar Association in March 2013.

You say “covered consequential loss”, I say “non-covered inflicted injury”: The developing law of coverage for “rip and tear” damages in construction defect litigation.

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

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, 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
Author: 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
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, Brandon R. Johnson, Kerry A. Brennan

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
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

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
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

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
9/21/2011
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
September, 2011
Comments on the Wartime Contracting Commission’s Recommendations on Suspension and Debarment
Source: Service Contractor
Authors: Todd J. Canni

In February 2011, the Commission on Wartime Contracting in Iraq and Afghanistan issued its second interim report to Congress entitled “At what risk? Correcting over-reliance on contractors in contingency operations,” which, in part, found that agencies are not suspending and debarring companies or individuals as frequently as is necessary and that several changes to the government- wide suspension and debarment (S&D) system are necessary to increase activity. Subsequent news articles on the report only intensified the commission’s criticisms. The Federal Times’ story entitled, “Wartime Panel: Get Tougher on Bad Contractors,” concluded, “Federal agencies are too lenient in dealing with companies accused of ripping off the government...,” and “agencies routinely let companies off the hook when they are accused—and even convicted—of wrongdoing.” These stories naturally leave the public with a negative impression of the overall S&D system.

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 J. 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
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
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
2011
Gas Regulation 2011 - United States
Source: Getting the Deal Through
Authors: Michael S. Hindus, 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
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
April 2011
Explaining e-Discovery: A Look at Some Common Misconceptions
Source: LJN's Legal Tech Newsletter
Authors: David 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 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
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, Kent P. Woods, Kerry A. Brennan
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
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
Author: 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
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
7/1/2010
What the New Encryption Rules Mean for U.S. Exporters
Author: Sanjay J. 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
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
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
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
April/May 2010
FAPIIS In Your Future
Source: Off the Shelf
Authors: Todd J. Canni

The Federal Awardee Performance and Integrity Information System, or “FAPIIS,” takes effect on April 22, 2010. Responding to heightened Congressional concerns regarding the performance and integrity of companies receiving federal contracts, FAPIIS is intended to enhance the government’s ability to prevent non-responsible contractors from receiving contract awards. FAPIIS will serve as a “one-stop” repository containing all data reflecting on a contractor’s responsibility. Contracting officers, in fulfilling their obligation to make a responsibility determination prior to contract award, will be required to review the FAPIIS data pertaining to the contractor. That information will include: contracting officers’ non-responsibility determinations; default terminations; defective pricing determinations; administrative agreements with suspension and debarment officials; contractor criminal convictions, civil liability, and adverse administrative actions involving a finding of fault and liability in connection with the award or performance of a government contract; and certain settlements in criminal, civil, or administrative proceedings. The Civilian Agency Acquisition Council and Defense Acquisition Regulations Council believe that arming contracting officers with this information will “significantly enhance the Government’s ability to evaluate the business ethics and quality of prospective contractors competing for Federal contracts and to protect taxpayers from doing business with contractors that are not responsible sources.” (See FR 14059, March 23, 2010, available at: http://edocket. access.gpo.gov/2010/2010-6329. htm). Responsibility for providing and updating the data in FAPIIS will rest, at least in part, on contractors, who may be required to certify their compliance with the new rule.

Bylined Article
3/31/2010
(Tick, Tick, Tick, Tick) Wake Up! The Clock's Running on Evidence Retention
Source: Corporate Counsel
Authors: David 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
February, 2010
Decoding the Buy American Regime
Source: Contract Management
Authors: Todd J. Canni

The phrase “Buy American” resonates with most of us, especially in light of congress’s recent enactment of the American Recovery and Reinvestment Act (ARRA), which was hailed as the elixir needed to cure the ailing economy by preserving and creating American jobs.

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 J. 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
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
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
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
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: Nathaniel R. Smith, Frederick A. Brodie
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
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
Spring 2009
Shoot First, Ask Questions Later
An Examination and Critique of Suspension and Debarment Practice under the FAR, Including a Discussion of the Mandatory Disclosure Rule, the IBM Suspension and Other Noteworthy Developments
Source: Public Contract Law Journal
Author: Todd J. Canni

Suspension and debarment are tools employed by the Government to protect itself from nonresponsible government contractors. These tools play an essential gatekeeper function and are designed to prevent dishonest and incompetent contractors from remaining inside the potentially lucrative government-contracting arena. Although necessary and effective tools, current practice, as proscribed under the Federal Acquisition Regulation (FAR), authorizes agencies to proceed on a “shoot fi rst, ask questions later” basis. Given that there are thousands of suspension and debarment actions each year, the consequences of this practice can be far-reaching and harm not only government contractors but also the agencies that depend on these contractors and the suspension and debarment system as a whole.1

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
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
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
Investors’ Rights Agreement
Source: Top Capital
Investor's rights agreement.
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
May 2008
Hurdles in the Purchase of Preferred Shares
Source: Top Capital
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: Vipul N. Nishawala, Joshua B. Konvisser

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
3/21/2008
Arming Government Contractors with a Statutory Defense Against Speculative Qui Tam Actions
Source: Washington Legal Foundation
Author: Todd J. Canni

Qui tam actions play a vital role in the government procurement process. By encouraging private citizens to report fraud perpetrated against the U.S. government, the law serves as a deterrent and keeps dishonest contractors in check. While the qui tam plaintiff receives a percentage of any recovery, the bulk of recovered funds are returned to their rightful owner, the Government. When distilled to this basic premise, qui tam actions under the False Claims Act (“FCA”) are largely an unobjectionable concept.

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
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
Fall 2007
Who's Making False Claims, the Qui Tam Plaintiff or the Government Contractor?
A Proposal to Amend the FCA to Require That All Qui Tam Plaintiffs Possess Direct Knowledge
Source: Public Law Contract Journal
Author: Todd J. Canni
Although qui tam actions under the False Claims Act (FCA) are not universally favored, they play a vital role in the government procurement process.2  By encouraging private citizens to uncover and report fraud perpetrated against the U.S. Government, the law serves as a deterrent and keeps dishonest contractors in check. Moreover, while the qui tam plaintiff receives a percentage of any recovery, the bulk of recovered funds are returned to their *2 rightful owner, the Government. When distilled to this basic premise, qui tam actions are largely an unobjectionable concept.
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
10/3/2007
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
Point Solutions Ltd v Focus Solutions Ltd
[2007] EWCA (Civ 14) 23 January 2007
Source: e-commerce law reports
Author: Tim Wright
Bylined Article
June 2007
U.S. Gas Regulation 2007
Source: Global Competition Review
Authors: Michael S. Hindus, Jennifer L. Hong
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: Yukinori Machida, Jay B. Gould

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
2/23/2007
Practicing Ethics
Source: New York Law Journal
Author: David G. Keyko
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
Source: Bloomberg Corporate Law Journal
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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