JD Supra contributors have been writing and sharing a wonderfully diverse collection of newsletters, articles, and alerts. Here’s a summary of some of the top uploads:
Bush Enacts Watershed Housing Bill Providing New Funding and Regulation for Mortgage Industry – Lane Powell provides insight into "one of the largest housing bills in decades to shore up struggling financial markets and a housing industry slump that is second only to that of the Great Depression. The Housing Assistance Act of 2008, signed after months of contentious negotiations, creates a $300 billion program to refinance troubled mortgages and creates new regulatory oversight of Fannie Mae (“Fannie”) and Freddie Mac (“Freddie”), which finance almost half of the country’s $12 trillion in home mortgage debt."
Knocking Infringement Out of Joint – Morrison & Foerster discusses infringement liability in the wake of BMC Resources, Inc. v. Paymentech, L.P. and Cross Medical Products, Inc. v. Medtronic Sofamor Danek, Inc.
Drafting Arbitration Provisions to Mitigate Bad Arbitrator Decisions – TroyGould addresses the California Supreme Court’s recent decision, in Gueyffier v. Ann Summers, Ltd., 43 Cal. 4th 1179 (2008), and its implications for arbitration provisions.
The HR Implications of a Privatized War – Jon Van Horne discusses an issue unique to the employees of businesses holding government contracts: "In places like Iraq and Afghanistan (and many other places in an increasingly dangerous world), civilian contractor employees face the very real possibility of injury, kidnapping and death. For the sake of these employees and their families, these risks must be addressed by appropriate insurance coverage, something for which Congress has in fact provided."
Web 2.0 and PR 2.0 – a white paper by Jaffe Associates discussing the importance of the Internet to legal marketing and PR and reviewing a number of Web 2.0 venues for the legal community, including JD Supra.
USERRA Overview – Markus Hartmann provides "a historical context and overview of the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The Act’s ethical context is framed by the following question: What is the proper amount of protection that should be given to citizen-soldiers and Marines when they return to civilian employment after completion of a period of active military service?"
When Private Concerns Become Public Domain – Nicole Black discusses the "recent discovery order issued in Viacom v. YouTube Inc., 07 Civ. 2103, which arguably sets a precedent for broad discovery orders relating to internet users’ identities and usage patterns in future cases."
Electronic Surveillance and Offshore Legal Communications – an editorial essay about a declaratory judgment action: NMH v. Bush et al. (D.D.C. 2008). Prepared by Michael Geske, C.O.O. of Aphelion Legal Solutions, which is an LPO and discovery consultancy. Aphelion argues that "NMH v. Bush faces potentially fatal procedural hurdles. Moreover, according to Aphelion, the plaintiff’s requests for relief, if granted, would immediately and adversely affect the interests of every US law firm with a foreign office and every US business with an overseas business partner."
Subprime Solutions: Skillfully Navigating the Credit Crisis – from Mintz Levin’s Public Finance practice group, news on the sub prime and credit crises from a variety of sources, keeping readers apprised of developments in this ever-evolving area and its far-reaching consequences.
Breaking the Congressional Logjam: A New Approach to the Regulation of Commercial Data Brokers – this impressive paper by Bradley Schaufenbuel (a student at John Marshall Law School) discusses the commercial data brokerage industry, the current legal and regulatory framework that governs it, and the events that led to recognition of its threat to consumer privacy.
Drugs, Cars & Cigarettes: Some Brief Thoughts on Products Liability Class Actions – a paper prepared by Clark Wilson for the Canadian Institute’s Forum on Product Liability and Recalls, considering product liability claims in three classic areas: drugs or medical devices, cars, and cigarettes.