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Tag Archives: Intellectual Property

January 2010 Client Alerts

IRS Announces New Section 409A Document Correction Program

Section 409A of the Internal Revenue Code of 1986, as amended (“Code Section 409A”) is spectacular in scope and notoriously difficult for even the most well-intentioned employers to satisfy.  Any employer which maintains non-qualified deferred compensation plans for its employees has struggled with Code Section 409A, and may have concerns that some of its plans might not satisfy the attention to minutiae that Code Section 409A demands.  On January 4, the IRS published its long-awaited program for correcting documentation failures under Code Section 409A.

For more information, please read the client alert published by Bryan Cave LLP’s Employee Benefits and Executive Compensation Practice on January 22, 2010.

Major Campaign Finance Development – Citizens United v. FEC Supreme Court Ruling

The Supreme Court yesterday handed down a landmark ruling in the Citizens United v. FEC case which could significantly transform the campaign finance system at the federal level.  In Citizens United, the Supreme Court in a 5-4 ruling struck down the decades-old prohibition on corporate expenditures in connection with federal elections as unconstitutional under the First Amendment.

For more information, please read the client alert published by Bryan Cave LLP’s Election Law and Government Ethics Practice on January 22, 2010. 

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December 2009 Client Alerts

SEC Approves Rule Changes Regarding Executive Compensation and Corporate Governance

On December 16, 2009, the SEC approved rule changes that would expand proxy statement disclosures relating to executive compensation and corporate governance. Additionally, Chairman Shapiro confirmed that the SEC expects to act on the controversial proxy access proposal (which was discussed in a June 22 Client Bulletin) in early 2010.

For more information, please read the client alert published by Bryan Cave LLP’s Corporate Finance and Securities Client Service Group on December 17, 2009.

Preparing for the 2010 Proxy Season

As public companies turn their attention to the preparation of their annual reports and proxy materials, we want to highlight several developments for the 2010 season.

For more information, please read the client alert published by Bryan Cave LLP’s Corporate Finance and Securities Client Service Group published December 8, 2009.

New (Temporary) 50% Bank Payroll Tax in The United Kingdom

The Government announced yesterday that between December 9, 2009 and April 5, 2010, the award of bonuses to bank employees will render the bank liable to a new “bank payroll tax”.

For more information, please read the client alert published by Bryan Cave LLP’s Tax Advice and Controversy Client Service Group (London) on December 10, 2009. 

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September 2009 Client Alerts

EPA Finalizes Mandatory Reporting Rule for Greenhouse Gas Emissions

Approximately 10,000 facilities must begin monitoring greenhouse gas (“GHG”) emissions pursuant to federal law beginning on January 1, 2010. On September 22, 2009, the U.S. EPA issued its final rule to require mandatory reporting of GHG emissions within nearly all sectors of the economy. This rule was developed in response to a Congressional mandate and provides the first comprehensive national system for reporting emissions of carbon dioxide and other GHG emission sources in the United States. EPA announced its proposed rule on March 10, 2009.

For more information, please read the client alert published by Bryan Cave LLP’s Environmental Client Service Group on September 29, 2009.

FDIC Issues Final Statement of Policy on Investor Qualifications for Failed Bank Acquisitions

On July 2, 2009, the Board of Directors of the Federal Deposit Insurance Corporation issued for public comment a proposed Statement of Policy that sets forth the qualifications for private equity investors in failed bank acquisitions.

For more information, please read the client alert published by Bryan Cave LLP’s Financial Institutions Client Service Group on September 24, 2009.

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Client Alerts Update — May 22, 2009 to June 9, 2009

Federal False Claims Act Amended to Significantly Expand Liability

On May 20, 2009, President Obama signed legislation containing a number of significant amendments to the federal False Claims Act (“FCA”), the statute which permits private citizens to bring lawsuits on behalf of the United States against persons or entities accused of defrauding the government and keep a portion of any recovery. These amendments, which are part of the Fraud Enforcement and Recovery Act of 2009, substantially expand the range of conduct subject to liability under the FCA, provide greater protection for “whistleblowers”, and remove certain procedural hurdles that the government and whistleblowers have faced in pursuing FCA investigations and actions, as discussed further below.

For more information, read the client alert published by Bryan Cave LLP’s White Collar Defense and Investigations Client Service Group on May 27, 2009.

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Client Alerts Update — April 20, 2009 to May 4, 2009

H1N1 Flu Concerns: Workplace Privacy and Employee Illnesses

In the wake of the H1N1 Flu outbreak (initially named “swine flu”), many employers will be asked to balance employee privacy rights with public and company health concerns. We have recently issued a client alert that offers a brief checklist of guidelines that may help balance the privacy interests of potentially infected workers and the health interests of co-workers and the public.

For more information, read the client alert published by Bryan Cave LLP’s Labor and Employment Client Service Group and its Pandemic Preparedness Team on May 1, 2009.

H1N1 Virus: Employees in Mexico

In light of the current H1N1 virus outbreak events around the globe, the Mexico Practice of Bryan Cave has prepared a list of issues and recommendations to be taken into consideration by our firm’s clients and friends with employees in Mexico, so as to avoid any improper or unlawful employer conduct under Mexican labor laws.

For more information, read the client alert published by Bryan Cave LLP’s Labor and Employment Client Service Group and its Pandemic Preparedness Team on May 4, 2009.

New Case Clarifies Copyright Protection for Handbooks, Manuals and Training Materials

Although the copyright term “literary works” tends to conjure images of Hemingway and Faulkner, most companies have a different — and often more valuable — set of “literary works”, including training manuals, employee handbooks, how-to booklets, customer pamphlets and the like. Some are in printed form; others are available at the company’s website. Indeed, some companies are in the business of creating such materials — and this spring, a hotly litigated dispute between two such companies has shed new light on the scope of protection for this special category of literary works.

For more information, read the client alert published by Bryan Cave LLP’s Intellectual Property Client Service Group on April 30, 2009.

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