Law News Now – 3 Trending Items on JD Supra: SEC Cyber Risk Disclosures, XXX Domains, Employee Misclassification…

Screen shot 2011-10-25 at 12.48.30 PM.pngFor your reference, here’s a quick look at three law news items drawing particular interest on the JD Supra network during this last week of October:

1. SEC Tells Public Companies: Disclose Your Cyber Risks

On October 13 the Securities and Exchange Commission’s  Division of Corporate Finance directed public companies to disclose cybersecurity risks and incidents to investors. From law firm Morgan Lewis: “The SEC’s guidance was spurred by its recognition that registrants have been relying more heavily on digital technologies for their operations, which results in increased risks to those operations due to cyber vulnerabilities. The SEC explained that cyber incidents, including cyber attacks and unintentional cyber events, can lead a registrant to incur substantial costs and suffer negative consequences…” Tech lawyer Glenn Manishin says: “It’s about time…

Read more in our Corporate Law roundup on the SEC Cyber Risks Disclosure>>

2. Time Is Running Out to Protect Your Brand Against XXX Domains

In fact, you have until this Friday (October 28), when the sunrise period for blocking .XXX domain use of your trademark ends. Sure, after Friday, you can still register or block use of your brand by a porn site, it’ll just be harder to do. And did we mention: “The owner of a registered trademark who wishes to opt-out and prevent
its trademarks from being registered as second-level .xxx domain names
may do so by paying a one-time fee of about $250 – $350 to block each
registered trademark from being used as a second-level domain” (from Winthrop & Weinstine). To which our friend Bruce Colwin of LegalMinds Magazine said on Facebook: “…seems like a bit of a predatory business model.”

What’s your plan? Read more about .XXX domains and the Friday deadline here>>

3. The Cost of Employee Misclassification in California…

…just went up, when Governer Jerry Brown signed SB 459 (called by some the ‘Corbett Job Killer Act of 2011’), legislation designed to crack down on businesses incorrectly classify employees as independent contractors. From law firm Schnader: “the legislation imposes dramatic penalties on employers found to have
engaged in ‘willful misclassification’ of workers as independent
contractors, as well as on non-lawyer advisors who knowingly counsel to
engage in such reclassification.”

Read our recent roundup covering the new stakes for employee misclassification in California>>

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We’re also seeing rising interest in legal commentary to do with the approval of final regulations in California cap-and-trade program. Read more on the topic:

California Air Resources Board Approves Final Cap-and-Trade Regulations (Reed Smith)
California Adopts Historic Cap-and-Trade Program for Greenhouse Gas Emissions (Morrison & Foerster LLP)

And finally, join the conversation on our IP Law Facebook page. The question, inspired by a post by JAMS: is mediation a viable alternative in IP litigation?

For daily updates on what’s trending on the JD Supra network: follow @JDSupraBuzz on Twitter. We’ll see you online!