JD Scoop

What's new at JD Supra? Quite a lot, actually. Here's a quick recap of the latest exciting developments  - thanks for reading:

Got Video?

On Monday we rolled out our latest product development: video hosting and distribution. Now, along with legal articles, newsletters, whitepapers, court filings, alerts, blog posts, and other publications, law firms can include video in their JD Supra portfolios. As with text-based content, Pro Member videos are distributed in our various subscriber channels, including on LinkedIn via the Legal Updates application. (Videos can be played directly within the application on LinkedIn, too!)  At launch, we are serving up terrific video by Womble Carlyle, Allen Matkins, Loeb & Loeb, Dechert, Sands Anderson, Bloomberg Law, and MarketsReformWiki ... with others on the way. Our editorial team is happily using the videos in their news roundups - and I'll embed one below in this post. Why? Because I can.

A LexisNexis Partnership

Yesterday we announced a partnership with LexisNexis, whereby JD Supra will enhance the company's new Social Media Visibility offering for small firms and solo attorneys. We'll be hosting and distributing blog posts from LexisNexis customers and, as I said in yesterday's press release, we are always happy to share legal insights and commentary with our broader audience. In lead up to this announcement, we've been running a few test accounts on behalf of Lexis clients - the content is good, and our readers appear to agree. You can read news of the partnership here: LexisNexis Inks Deal with JD Supra to Power Distribution of Law Firm Blog Content to Wider Network of Social Media Sites...

New Content Formatting

This week we also added new formatting to our document view pages. Now, our contributor's publications can be displayed in full HTML (versus PDF embed), depending on the nature of the original post. Obviously, HTML rendering is a clean and easy way to reproduce the growing amount of blog posts and other content that come to us originally in HTML. Over the years we've heard from our readers that they appreciate the PDF formatting as well - corporate researchers in particular find it easy to compile and share our PDFs on any given topic - and so we have kept that formatting option. (Besides, many white papers and in-depth reports originate as PDFs in the first place.) We also have .DOC embed available for the court filings that pass through our system. Over the coming weeks, you'll see more and more JD Supra content rendered in pure HTML.

That's it from us. Thank you for reading. And, now,  also watching! In particular, this interesting video item from Bloomberg on law school class action suits:



best wishes,
Aviva Cuyler
JD Supra CEO & Founder

Kermit might not find it easy being green, but everyone's favorite frog obviously wrote that song before he started following Environmental Law on JD Supra - a stream of daily updates from some of the finest lawyers and law firms in the field. Noteworthy this week:

- How Clean is Clean in New York (Cole Schotz)

- Enforcement: Impact Inspections Target 27 Mines and New Safety Emphasis Programs (Patton Boggs)

- EPA Issues Notice of Violation of the Renewable Fuel Standard for Generation of 48 Million Fraudulent RINs... (Sutherland)

- EU Environment Report - December 2011 - January 2012 (White & Case)

- FERC Staff Proposes Process on Advising EPA on Extension Requests (Morgan Lewis)

- Energy Trends for 2012 (Morrison & Foerster)

- One Small Step Forward For Mid-Atlantic Offshore Wind Development (Foley Hoag)

- Energy And Environment Update -- January 29, 2012 (Mintz Levin)

- Texas Environmental Update - February 1, 2012 (Bracewell & Giuliani)

- Regulations Respecting a Cap-And-Trade System for Greenhouse (Heenan Blaikie)

- Ready, Offset, Go: A Look At The Final Cap-And-Trade Regulation's Offset Program (Greenberg Glusker)

- Greenhouse Gas and Environmental Justice Issues Collide as California Attorney General's Office Weighs In on Sustainable Communities Plan (Morrison & Foerster)

- Rejecting CEQA Alternatives For Economic Infeasibility: Sixth District Lays Down the Law In Flanders Foundation v. City of Carmel (Miller Starr Regalia)

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Read additional Environmental Law updates & news on:
Twitter | Facebook | LinkedIn | RSS

Also see on JD Supra: Energy & Utilities ...

We've seen a large number of well-read intellectual property law advisories and updates over the past few days on JD Supra.

The work covers a broad range of IP news and related business commentary, as written by some of the leading lawyers and law firms in the field.

For your reference, here's a look at some of the most popular updates:

Is Super Bowl Protected by Trademark or Copyright Law? Try Both. (Davis Wright Tremaine)

Restoration of Copyright in Foreign Works Passes Constitutional Muster (McDermott)

Defense Attorneys' Fee Standards Set in Pennsylvania Trade Secret Suits (Littler)

A Comparison of US and EU Biosimilars Regimes (Fenwick & West)

America Invents Act - Already Making its Mark (Venable)

How to Protect Your Brand Without Being a Trademark Bully: Lessons from The North Face and Coke (Foley Hoag)

A Major Brew-haha on Tap (Greenberg Glusker)

Curtain Call: Supremes Bow to Congressional Authority on Copyright Terms (Bracewell & Giuliani)

New Jersey Adopts Uniform Trade Secrets Act: Implications for Your Intellectual Property Portfolio (Schnader)

SOPA and PIPA Legislation Stalled in Congress (Mintz Levin)

Copyrighting Web-Based Software Applications (Scott & Scott)

Megaupload shut down by US authorities (Baldwins)

Indictments of Megaupload Are a Greater Threat to Web Users Than Piracy (Ifrah Law)

District Court Allows False Marking to be Re-pleaded as Consumer Protection Claim (Loeb & Loeb)

IP Buzz - January 2012 (Venable)

Incontestable - December 2011/January 2012 (Finnegan)

Becoming Immune to Reputation Damage: Tips from Kim Kardashian? (Greenberg Glusker)

Key Moments In Social Media Law (Morrison & Foerster)

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Also see our recent roundup on Google+: Livin' In a post-SOPA/PIPA World - Lawyers Weigh In On the Week That Was...

Follow Intellectual Property Law on:
JD Supra RSS | Twitter | Facebook | LinkedIn

Out with the old, in with the new. A splendid end-of-year sentiment to be considered between glasses of champagne (or non-alcoholic sparkling cider, if you prefer)...

However, when the 'new' includes new laws, rules, and regulations it usually means you need to stay apprised of the changes and how they affect the way you do business, or live your life.

And so, from JD Supra, a year-end update of 2012 updates:

Here's what lawyers and law firms have been writing about new laws for 2012. Included below: roundups we've published throughout December on our business law blogs...

Blog Roundups

- Employers & Business Owners: Are You Ready for 2012? (Small Business Support)

- NLRB Poster Rule Delayed. Again. [New date: April 30, 2012] (Small Business Support)

- California Transparency in Supply Chains Act Takes Effect January 1, 2012 (Corporate Law Report)

- Doing Business in California in 2012: Do You Know These New Laws? (Small Business Support)

- Changes to 401(k), ERISA, and Health Care Plans in 2012: Are You Ready? (Small Business Support)

- Federal Rule Bans Cell Phone Use by Commercial Drivers [As of January 3, 2012] (Small Business Support)

- Proxy Voting: Institutional Shareholder Services 2012 Guidelines Released (Corporate Law Report)

- Russia and the WTO: Accession Means Trade Barriers Lowered, IP Protections Raised, More... (Corporate Law Report)

Additional, Recent Law Firm Updates

- Significant Changes To California Employment Law Effective January 1, 2012 (Bryan Cave)

- 2012 California Construction Law Update (Farella Braun + Martel)

- Ohio Minimum Wage Increases Effective January 1, 2012 (Fisher & Phillips)

- Group Health Plans: Year-End Action Items, Upcoming Changes (Morgan Lewis)

- Outlook for 2012 After the Death of the Super Committee (Marc J. Lane)

- Predicting Where the South Florida (Miami) Economy Will Be in 2012 (Rosa Eckstein Shechter) 

- Social Security Tax Break Temporarily Extended (Ford & Harrison)

- Top Ten Tax Tips for 2012 (Darrin Mish) 
 
- New Year, New Rules [re: Employee Handbooks] (Kristin Simpsen, McAfee & Taft)

- Congress, President Extend Endangered Medicare and Medicaid Programs (McDermott)

- CMS Issues Proposed Sunshine Act Regulations (Duane Morris)

- Wave of Legislation, Case Law is Poised to Alter the Environment for Tort Cases in 2012 (Daniel E. Cummins)

- Software Audits Will Increase In 2012: How Targets Can Prepare (Scott & Scott)

- Postage Rates May Significantly Increase in 2012 Affecting The Cost Of Sending Notices (zLien)

- All I Want for Christmas is a New Radio Station: Window for FM Auction Opens Jan. 3 (Davis Wright Tremaine)

- California Amendment Mandates A.G. Notification For Major Data Breaches (Loeb & Loeb LLP)

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We'll add new updates as they come in. See you in the New Year!

Tax exemptions, estate planning, bankruptcy rules, employee misclassification, immigration issues, nonprofit governance, Facebook e-discovery, medical marijuana, and more ... here's a look at some of the most-viewed legal news and updates on JD Supra during the last month:

1. Are You Being Sued by Midland Funding, LLC? Why You Should Fight Lawsuits by Debt Buying Companies - by John Skiba
2. How Financial Advisors Can Use the New 401(k) Advice Rules to Their Competitive Advantage - The Rosenbaum Law Firm
3. Super Committee May Target $5 Million Gift Tax Exemption for 2012 - by Manatt 
4. Important Changes to Federal Bankruptcy Rules Effective December 1, 2011 - by Patricia Antonelli, Esq. at Partridge Snow & Hahn
5. A Deeper Dive into Canada's First Significant Foreign Bribery Case: Niko Resources - by John Boscariol
6. Why 401(k) Plan Sponsors Should Make Sure Education and Advice is Offered To Their Participants - The Rosenbaum Law Firm
7. 8-Year-Old Quadriplegic Awarded $29 Million in Medical Malpractice Case - by Jonathan Rosenfeld
8. Cold Stone Creamery and Its Franchisees Take Joint Action Against Negative Publicity: A Behind-the-Scenes Look - by Snell & Wilmer LLP
9. 2013 Estate and Gift Tax Exclusion Rollback Being Advanced? - by Gregory C. Picken
10. New California Laws Increase Penalties for Employee Misclassification and Wage Theft - by Epstein Becker & Green
    
11. Top Ten Things a New Nonprofit General Counsel Should Investigate - by Venable LLP
12. Stanford v. Roche: The Importance of Precise Contract Drafting - by Venable LLP
13. Another Excellent Facebook E-Discovery Opinion - Dechert LLP
14. Recent Developments in the Life Settlement Industry - Dechert LLP
15. California Governor Signs S.B. 459, Dramatically Increasing Penalties for Misclassifying Employees as Independent Contractors - by Schnader
16. In Surprising Decision Court Finds That The California Trucking Industry Does Not Have To Comply With California's Rest And Meal Break Laws - by Ford & Harrison LLP
17. 10 Key Questions That Law Firms Should Ask Clients - Pamela Woldow
18. Summary of Medicare Shared Savings Program Final Rule on Accountable Care Organizations - by Manatt
19. The Super FBAR Is On Its Way and With It Comes Enhanced Enforcement - by Sanford Millar
20. Checklist for Defending FCPA Cases - by Thomas Fox
    
21. Rumors Circulating About Possible Early Reduction of Estate & Gift Tax Exemption - by Loeb & Loeb LLP
22. Medicare Issues Final Rule for the End- Stage Renal Disease Prospective Payment System - by Sheppard Mullin
23. Tackling Pollution Exclusions To Chinese Drywall Claims - by Zelle Hofmann
24. Door to U.S. May Open Wider for Highly Skilled Immigrants - Ronald Shapiro
    
25. COA Opinion: Assertion of "medical marihuana" defense is barred because the marijuana was not kept in an enclosed, locked facility - by Warner Norcross & Judd Appellate Practice Group

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Follow @JDSupraBuzz for daily updates on trending topics, searches, and documents on JD Supra. A great way to see what's hot and find fodder for your own next article or post.

Also see our newest blog featuring roundups of consumer and personal law news: Is That Legal?

Archive:

- Most-viewed on JD Supra: Oct 2011
- Most-viewed on JD Supra: Sept, 2011
- Most-viewed on JD Supra: Aug, 2011

FYI: here's a quick look at the most-viewed roundups and legal reading lists on the JD Supra network this week>>

Small Business Support

1. XXX Domains: You Have Until Friday to Act (Really!)
2. Social Media Policies: Is Your Procrastination Putting Your Company at Risk?
3. Small Business Bankruptcy: Who Is Responsible for the Debt?
4. California Employment Laws: Governor Brown Goes to Town
5. Employee or Contractor? 5 Ways to (Legally) Tell the Difference

Corporate Law Report

1. The Cost of Employee Misclassification Just Went Up in California
2. SEC to Public Companies: Disclose Your Cyber Risks
3. Volcker Rule: First Look at the Proposed Regulation
4. Patent Reform: 5 Things You Should Know About... First-to-File
5. Dodd Frank Act: Executive Compensation, Corporate Governance, Enforcement, and More...

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See additional trending roundups on @JDSupra. Enjoy your weekend!

For 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>>

 --

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!

Have you heard? Social media is big! No, really, it's true; and that includes BIG in the workplace and workforce.

Don't take our word for it, we're just reporting what we read on Facebook, Twitter, LinkedIn, and our iPad (which needs an 2.0 upgrade ASAP).

For example this, from a much-shared article (Employers are liking -- and hiring -- social media workers) in the Los Angeles Times earlier this week:

"'This was the year when companies large and small began to realize the importance of social media, and there has been lots of investment in social media,' said Augie Ray, a former Forrester Research analyst who now handles social media for insurance group USAA."

Social media is (are?) big in the workplace even if companies large and small haven't yet begun to understand the importance of these robust communications platforms. Why? Because their employees are on LinkedIn, Facebook, and Twitter. And that (according to lawyers and law firms on JD Supra) is when things can get sticky.

Culled from recent updates on JD Supra, here's a look at some of the legal issues that can arise from social media in the workplace.

On Hiring & Firing

"Every human resources staff member knows that, especially when interviewing a potential new employee, some topics are strictly off limits. Asking one of these 'off limits' questions can put your company at serious risk of being sued for discrimination. The trouble is, by resorting to the use of social media, this kind of 'off limits' information can be collected from a potential employee even before his or her interview..." (From The Use of Social Media in Hiring Decisions: Tempting Fruit from a Poisonous Tree by McNees.)

"There are subjects that are considered off limits for employers to ask job applicants about. Under federal law, Title VII of the Civil Rights Act prohibits discrimination when making employment related decisions. A company cannot make hiring, discipline and termination decisions based on any of the following protected factors: race, color, national origin, religion and gender. The Age Discrimination in Employment Act (ADEA) adds to the list with a prohibition on discrimination against individuals who are 40 years or older. And, finally, the Americans With Disabilities Act of 1990 prohibits discrimination against "qualified disabled" individuals. Employment decisions are defined broadly and include promotion, demotion, compensation, and transfers.

It is very easy to see how someone with a Facebook page may post about these protected factors. Thus, the challenge for employers who are researching job applicants, or monitoring the social media activity of their employees, is not to let this protected status information bleed into their employment decisions. Under federal and state law, employers should not make employment decisions that are "motivated by" a person's membership in a protected class..." (From Social Media Research + Employment Decisions: May Be a Recipe for Litigation by Sheppard Mullin)

In the Workplace

"If you're planning to monitor your employees, do so with caution. Although workplace surveillance is legally acceptable to some extent, the more invasive the surveillance becomes, the more likely it is to be considered in discordance with privacy laws. Companies should have policy explicitly describing employees' diminished expectations of privacy. Policies should state that any personal communication on social networking sites conducted at work is not private, that computers and any other devices are to be used solely for company business, that communications are monitored to ensure compliance, and that these policies apply not only to internal communications, but also to external cloud-based communications.

As a caveat, though, be warned that social media policies cannot uniformly discourage employees' rights to concerted activity. The National Labor Relations Board (NLRB) actively enforces employees' rights to discuss working conditions. People today use social media to organize, which can be associated with the right to unionize and the right to congregate, neither of which may be legally denied..." (From Draw the Line by attorney Curtis Smolar at Ropers Majeski)

Enter the NLRB

The National Labor Relations Board has indeed written much about social media usage in the workplace - most recently issuing a series of memoranda on the topic. Much of the Board's commentary intersects with online activity and employee rights protected by the National Labor Relations Act (NLRA):

"In at least four cases, the NLRB overturned the termination of employees based on their social media activities because the activities involved active, online conversations among multiple employees regarding work conditions. Therefore, they were 'concerted activities' for which the employees could not be terminated under Section 7 of the NLRA. The NLRB also found that several anti-blogging and disruptive behavior employment policies were illegal under Section 8(a)(1) of the NLRA on their face because the policies were blanket prohibitions of protected activity.

There are several commonalities worth noting among these cases. First, they all involved employees who criticized specific employment practices or work conditions, which is traditionally viewed as protected activity under the NLRA. Additionally, all of these employees engaged in online discussions after work hours, on their own personal computers and media pages, and off work property, which are all factors the NLRB considered in gauging whether the online activity was protected. Most importantly, every case involved online discussions among multiple employees, which made the discussions 'concerted activities' under the NLRA. The involvement of multiple employees appears to be the most important factor in determining whether the activity is protected. Additionally, the NLRB did not consider the minimal use of derogatory language in an online post to be an adequate reason for termination." (From Social Media and the National Labor Relations Act: A Trap for Unwary Employers by Bryan Cave)

So What's an Employer To Do?

Proceed with caution, it would appear. And have a solid knowledge of which employee rights are protected, including during the hiring and firing process. Common sense goes a long way, too. Do you have an internal social media policy that maps well to employee rights? That might well be a good first step. From law firm Fisher & Phillips:

"The lesson to be taken from these Advice Memos is that disciplining employees for comments they make in social media is neither prohibited, nor is it without risk. Any decision to discipline or terminate employees for social media postings should be carefully weighed and reviewed with your labor counsel before implementation. It should be some comfort to know that, based on a careful reading of the most recent Advice Memos, the rules for determining when activity is protected have not changed. Purely individual gripes aired through social media are no more protected now than they were before Facebook became the rage..." (From Not As Bad As We Feared: NLRB Issues Guidance On Social Media.)

Also see: The Best Defense is a Good Offense: Proactive social media policies and what they can do for you by Len Brignac at king Krebs)
...

We regularly compile legal roundups on this topic. Read them here:

- Social Media in the Workplace: an NLRB Guidance Update
- Social Media and The Law: Friday Reading List
- Social Media and the Law - Employer Dos and Don'ts from the NLRB
- Social Media in the Workplace: Legal Issues, Business Policies

...

Follow Social Media Law updates on: Twitter | Facebook

For your interest, here's a look at some of the most-read JD Supra Law News Roundups for the past 30 days. It's been an interesting month on the business law blogs for patent reform, Dodd Frank news, SCOTUS decisions, XXX domains, NLRB updates galore, healthcare reform, social media in the workplace, and more. Much more. Thank you for reading:

On the Corporate Law Report>>

1. America Invents Act: A Patent Reform Primer For The Rest Of Us
2. FBAR: Foreign Bank and Financial Accounts Reporting Extensions
3. Stern v Marshall: Analysis of SCOTUS Bankruptcy Courts Decision
4. Dodd-Frank Updates: A Legal Roundup - August 2011
5. Myriad Genetics Ruling That DNA Is Patent-Eligible
6. Data Breach! Who's Liable? What Next? (A Tech Law Reader)
7. Brand Protection in the News: 5 Interesting Trademark Law Updates
8. Final Whistleblower Rules Effective August 12: Dodd-Frank Update
9. Dodd-Frank Update: Appeals Court Vacates SEC Proxy Access Rule
10. FINRA Rule 1230(b)(6): New Registration Requirements for Operations Professionals
    

On Small Business Support>>

1. Private Employers Must Post Notice of Employee Rights - NLRB Final Rule
2. Your Brand in the .XXX Age: How to Block Use of Trademarks by Adult Sites
3. Social Media and the Law - Employer Dos and Don'ts from the NLRB
4. 5 Ways the NLRB is Redefining Rules Between Employers & Employees
5. America Invents Act: Friday Five Look at Patent Law Reform
6. Healthcare Reform Update: PPACA's Individual Mandate Ruled Unconstitutional
   
7. Non-Profit Law Updates: Tax, Employment, Privacy, Technology, and Other Key Issues
8. 5 Ways to Minimize Workplace Disputes (Before They Happen)
9. Online Sales Tax - An "Amazon Laws" Reading List
10. Employee Theft and Fraud in the Workplace: Legal Considerations
    

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Can't get enough of this wholesome business goodness?
Follow additional business law updates on LinkedIn | Twitter | Facebook

On September 8, 2011, the United States Senate passed the America Invents Act. The much debated Patent Reform bill is now on its way to President Obama for his signature.

From law firms on JD Supra:

- Congress Passes America Invents Act (Morgan Lewis):
"After years of debating the need for patent reform, Congress has acted. Today, the Senate passed the House version of the "America Invents Act" (the Act). The bill will now go to the President, who is expected to sign it into law almost immediately. The Act represents the most sweeping overhaul of U.S. patent law in almost 60 years and will effect dramatic changes in a number of key areas. Below is a summary of a few key provisions..." Read update>>

- First-to-File or First-to-Invent? New Patent Reform Act Changes the Game (Sutherland):
"This landmark piece of legislation fundamentally changes the U.S. patent system by awarding patents to the first inventor to file an application with the U.S. Patent and Trademark Office (USPTO). Thus, in order to stay competitive, inventors of all sizes will need to file patent applications quickly and frequently in order to stay a step ahead of their competition. Moreover, the Act provides for additional third-party input during both the pre- and post-issuance phases of the patent process. These provisions require entities to monitor published applications and newly issued patents more closely in order to take swift action in accordance with the new processes..." Read update>>

- Patent Reform Now One Signature Away: Senate Sends Historic Bill to President's Desk (Bracewell & Giuliani):
"If signed into law, the America Invents Act would transition the U.S. Patent system from a first-to-invent system to a first-inventor-to-file system. The first-inventor-to-file system would give inventorship priority to the first individual inventor to file a patent application for a particular invention. That system follows the procedures already in place in Europe but would contrast sharply with the U.S.'s current system, which gives priority to the first inventor in some circumstances even if that inventor is not the first to file an application with the USPTO..." Read update>>

- Ten Things You Should Know About Patent Reform (Lane Powell):
"The law is designed to encourage investment in leading edge technology and spur the formation and growth of existing and new enterprises. Changes in the law encompass "first to file" priority for inventions, methods to block the granting of a patent, streamlined challenges to existing patents, modified aspects of lengthy and expensive patent infringement disputes to specialized administrative tribunals, and other issues. Below is an easy-to-follow 'top 10 list' of what you need to know about the new law..." Read update>>

- The America Invents Act: A Race to the Patent Office (Warner Norcross & Judd):
"...In contrast, Senator Maria Cantwell described the Act as a 'big corporation patent giveaway that tramples on the rights of small inventors.' Similarly, the advocacy group American Innovators for Patent Reform (AIPR) said the Act would 'stifle innovation in the U.S.' and that it was "bought and paid for by large corporations which see being forced to pay royalties for technology invented by others as an unfair business practice." Read update>>

- Patent Prosecution Strategies Under the Smith-Leahy America Invents Act (Schnader):
"The "first-to-file" rule makes it imperative that all inventors are aware of the importance of filing patent applications early, and are diligent in doing so. An invention does not need to be reduced to practice before an application for patent is filed; consider using a preliminary "short-form" invention disclosure document to encourage and allow inventors to quickly put decision makers on notice of the development of innovative technology..." Read update>>

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We've been compiling Patent Reform legal reading lists of relevant analysis and updates. Check back; we'll release additional roundups as new work is posted. In the meantime, for your reference:

The Bill>>

- America Invests Act (Full Text Copy) - Patent Reform Bill H.R. 1249

The Roundups>>

- Patent Reform: 8 Things to Know About the America Invents Act
9/13: As we wait for President Obama's signature, eight preliminary things you need to know about this historic patent reform legislation...

- America Invents Act: A Patent Reform Primer For The Rest Of Us
A roundup of recent law firm updates explaining the implications of the Patent Reform bill in its most simple form. An introductory primer...

- America Invents Act: Friday Five Look at Patent Law Reform
A recent roundup, explaining the impending patent reforms in five quick bytes, with accompanying legal updates...

- Patent Reform 2011 Reading List: 'America Invents Act' Passes House
A roundup of law firm commentary and updates after the Patent Reform bill passed the House earlier this summer...

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Follow IP Law Alerts on: Twitter | Facebook | LinkedIn | JD Supra

For your reference, a list of some of the most-viewed documents on the JD Supra network for August, 2011. And to be sure, this post actually should be titled:
 

Knock Ary Rosenbaum From First Spot on JD Supra (His 3 Months in a Row!), Win a Free T-Shirt.

Can you do it? Dare you to try:

1. The Top 10 Major Misconceptions Plan Sponsors Have About Their Retirement Plans
[By: Rosenbaum Law Firm |In: Finance & Banking, Tax, Employment Law]

2. The Need for Plan Sponsors to "Tune-Up" their Retirement Plans
[By: Rosenbaum Law Firm |In: Finance & Banking, Tax, Employment Law]

3. Copyright: Some Very Recent Cases You Should Know About
[By: Reed Smith |In: Intellectual Property Law]

4. IRS Issues Draft Form 706 for 2010 Estates
[By: Armstrong Teasdale |In: Tax Law]

5. Colbert Super PAC Ad Rejected by Iowa TV Station - Can They Do That?
[By: Davis Wright Tremaine |In: Elections, Communications & Media Law]

6. Foreign Bank and Financial Accounts Reporting ("FBAR") and Amnesty Through August 31, 2011
[By: Partridge, Snow, Hahn LLP |In: Tax, International, Criminal Law]

7. Insurance Litigation Update
[By: Quinn Emanuel |In: Commercial Law, Insurance]

8. Texas Insurance Law Newsbrief
[By: Martin, Disiere, Jefferson & Wisdom LLP |In: Commercial Law, Insurance]

9. Trademark owners can block new .XXX domain names
[By: Schottenstein, Zox & Dunn |In: Intellectual Property Law]

10. Department of State Releases September 2011 Visa Bulletin
[By: Morgan Lewis |In: Immigration Law]

11. Can My Boss Fire Me for Filing Bankrupty? Discrimination and Bankruptcy
[By: John Skiba |In: Bankruptcy, Consumer Protection]

12. FBAR Willful Failure to File Post August 31, 2011
[By: Sanford Millar |In: Tax Law, International, Criminal Law]

13. Form 8939, Where Art Thou? by Deborah DiNardo, Esq. and Lawrence D. Hunt, Esq. 
[By: Partridge Snow &Hahn LLP |In: Tax Law, Trusts & Estates]

14. EEOC's $20 Million Settlement with Verizon Puts Focus on "No Fault" Attendance and Leave Policies
[By: Poyner Spruill LLP |In: Employment Law, Personal Rights]

15. DOL Provides Further Guidance on Suspension and Anticipated Resumption of Its Processing of Prevailing Wage Requests for PERMs
[By: Morgan Lewis |In: Employment Law, Immigration]

16. NLRB GC outlines federal protections for employee social media activity
[By: International Lawyers Network |In: Employment, Communications & Media Law]

17. Basic Law for Web Designers No 1: Introduction to Contract Law
[By: Jane Lambert |In: Commercial Law & Contracts, Tech Law]

18. Slowing Economy Presents Window of Opportunity
[By: Ronald Shapiro |In: Employment Law, Immigration]

19. IP Update - Patent Law Reform 2011 - August 8, 2011
[By: Finnegan |In: Intellectual Property Law]

20. New South Carolina Illegal Immigration Law Ushers in Big Changes
[By: Womble Carlyle |In: Immigration Law]

21. Court Enjoins Missouri's New "Facebook" Law Citing "Staggering" Breadth of Prohibition on Free Speech
[By: Armstrong Teasdale |In: Communications & Media, Employment Law]

22. FINRA to Issue More Guidance on Social Media
[By: Morrison & Foerster LLP |In: Communications & Media Law, Finance & Banking]

23. The purpose-driven law firm: What market role does your firm really serve?
[By: Edge International Consulting |In: Law Practice]

24. Cooperative Short Sale: A New Solution for Homeowners in Distress
[By: Jeffrey Harrington |In: Real Estate, Bankruptcy]

25. 6th Circuit Permits Claims Against Union To Proceed Under Computer Fraud Abuse Act for Organizing Protest Against Employer
[By: Kevin O'Connor |In: Employment Law, Communications & Media]

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Follow @JDSupraBuzz for daily updates on trending topics, searches, and documents on JD Supra. A great way to see what's hot and find fodder for your own next article or post.

Archive:

- Most-viewed on JD Supra: July, 2001
- Most-viewed on JD Supra: June, 2011
- Most-viewed on JD Supra: May, 2011

Earlier today, the Hon. Jon E. Beetem, Circuit Court Judge, Cole County Missouri, issued a preliminary injunction temporarily halting the enforcement of Missouri's new 'Facebook' law. Describing the law as an overbroad prohibition of free speech, the Court's ruling demonstrates the difficulty of regulating social media...

Interesting update today from law firm Armstrong Teasdale regarding Missouri's 'Facebook' law for teachers:

Court Enjoins Missouri's New "Facebook" Law Citing "Staggering" Breadth of Prohibition on Free Speech:

"Senate Bill 54, which was scheduled to become law on Sunday, prohibits teachers from using any non work related website that allowed exclusive access with a current or former student.

In blocking enforcement of the law, the Court said the "breadth of the prohibition is staggering." It noted that social media is "often the primary, if not sole manner, of communications between the Plaintiffs and their students." The Court further noted that the statute would "prohibit all teachers from using any non-work-related social networking sites" thus blocking communication between teacher parents and their own children.

"The Court finds that the statute would have a chilling effect on speech," the ruling said"

Read entire update>>

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This follows an early August Armstrong Teasdale post - background information on the case: Why Can't We Be Friends? New Missouri Law Bans Teacher-Student Friendships on Facebook...
 
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An interesting update today from law firm Reed Smith, writing about the added complications of conducting international business during times of unrest and regime change. Timely analysis, indeed, as the world watches the dramatic events unfolding in Libya's capital and pressure mounts on Syrian President Assad to step down.

Titled Regime Change and State Contracts, today's analysis asks [bold is ours]:

For international companies with economic interests in these states, questions will nevertheless remain about the position of their investments over the coming weeks and months. What rights would such companies have following a change in the regime? What would happen if the country is divided? Equally, what will the position be if the current regime does not change after all?

For you reference, here are some highlighted points in Reed Smith's answer:

- Just as the replacement of the CEO does not affect the legal identity and contractual obligations of a company, under the international-law doctrine of 'state continuity', changes in national governments do not affect the legal identity or legal obligations of a state.

- Nevertheless, it is common for new governments taking power following a significant political upheaval to seek, for political reasons, to distance themselves from the economic and commercial dealings of the previous regime. There are many examples of national laws being changed by new governments in order to nullify or revoke contracts and agreements entered by predecessor governments.  

- Foreign investors who were treated unfairly, or required to give up contractual rights without adequate compensation, could seek redress under investment promotion and protection treaties, such as Bilateral Investment Treaties (or "BITs")...

- As a matter of international law, it is generally accepted that established (or acquired) private law rights under state contracts are unaffected by changes in national sovereignty at least until the newly formed state introduces new laws that state otherwise. 

- ...there will be some cases in which the doctrine of frustration or similar concepts could have the effect of bringing any continuing obligations to an end whether or not the law has been changed. In other cases, the performance of a state contract could be entirely unaffected by a territorial split elsewhere in the country.

Read the entire commentary here>>

Additional, related law firm news & updates:

- New Sanctions on Syria Result in Broad Embargo (Wilson Sonsini)
- New Sanctions Against Libya (McDermott Will & Emery)
- Iran and Syria sanctions (Reed Smith)
- EU Libyan Sanctions Council Decision and Regulation Published (Bryan Cave) 
- Libya Sanctions UN Security Council Resolution 1970 [Full text copy]

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For your Friday reading pleasure:a look at some of the most-read legal roundups for the last 30 days on our business-focused law blogs.

See if you can spot which title we most enjoyed writing (yes, yes, simple pleasures). A JD Supra free t-shirt to first three to tell us the answer:

From the Corporate Law Report

1. Patent Reform 2011 Reading List: 'America Invents Act' Passes House and Senate
2. Wal-Mart v. Dukes: Updated Reading List on Class Action Impact & Analysis
3. Final SEC Investment Advisor Rules: A Dodd-Frank Reading List
4. FCPA Analysis & Commentary: A Compliance Friday Update
5. Social Media and the Law - A Friday Reading List
6. Dodd-Frank: Bad Actors Disqualified from SEC Rule 506 Offerings
7. Dodd-Frankly, My Dear, You Should Give A Damn...
8. Hart-Scott-Rodino Rules: DOJ And FTC Final Changes To Merger Reporting Form
9. Conflict Minerals and the Dodd-Frank Act: Long-Distance Accountability?
10. OSHA Compliance Updates: Workplace Safety, Employee Hazards, Violations, and More...

From Small Business Support

1. Social Media and the Law - Your Friday Reading List
2. Employment Law Roundup: You Should Know (These Updates)
3. Employee Theft and Fraud in the Workplace: Legal Considerations
4. Non-Compete Laws: News from Texas and Beyond...
5. Piercing the Corporate Veil: How to Avoid Personal Liability in Business
6. Congratulations, It's A Regulatory Agency! The CFPB Is Open For Business
7. Medical Marijuana in the Workplace: What Lawyers Are Saying
8. Sexual Harassment in the Workplace: More Complicated Than You Think
9. Employment Background Checks: Legal Considerations
10. I-9 Compliance: What Employers Need to Know About ICE Verification & Audits

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Biz Law News: Corporate Law Report | Small Business Support

Follow our business law roundups on Twitter at: @Biz_Law and @LegalNews among others.

Lawyers, are you increasing visibility on JD Supra?

For your Friday reading pleasure: a handful of news items recently trending in JD Supra's Tech and IP Law channels:

- British High Court Rules: ISP British Telecommunications Must Block Piracy Links

In what is being described as a "benchmark ruling" the London high court decided that the United Kingdom's largest internet service provider, British Telecommunications (BT), must block links to prevent its users from downloading pirated movies, music, and the like. A raftload of media heavyweights (including Paramount Pictures, Universal, Warner Bros., Disney, 20th Century Fox, and others) sued "to block or at least impede access by BT's subscribers to a website currently located at www.newzbin.com" in their ongoing efforts to curtail piracy and copyright infringement. The test case appears to have worked, at least in the courts.

Read the Honorable Mr. Justice Arnold's July 28, 2011, landmark decision in 20th Century Fox et al. v British Telecommunications in its entirety. (For additional background on the story, see British Court Rules ISP must block pirate site from The Globe and Mail.)

- Isolated DNA is Patentable: Federal Circuit Reverses District Court Myriad Decision

In a long awaited decision the Federal Circuit handed down its ruling today in ASSOCIATION FOR MOLECULAR PATHOLOGY v. MYRIAD. Here's the summary from JD Supra contributor, IP attorney Kevin Buckley: "...the Court reversed the district court's decision that Myriad's composition claims to 'isolated' DNA molecules cover patent-ineligible products of nature under § 101 since the molecules as claimed do not exist in nature. The Court also reversed the district court's decision that Myriad's method claim to screening potential cancer therapeutics via changes in cell growth rates is directed to a patent-ineligible scientific principle. However, the Court affirmed the district court's decision that Myriad's method claims directed to 'comparing' or 'analyzing' DNA sequences are patent ineligible; such claims include no transformative steps and cover only patent-ineligible abstract, mental steps."

Read the entire decision here: ASSOCIATION FOR MOLECULAR PATHOLOGY v. MYRIAD - Federal Circuit decision reversing District Court under Section 101 - Isolated DNA is Patentable.

- Medical Mobile App? There's FDA Guidance for That!

We've seen increased interest in the Federal Drug Administration's July 21 draft guidance on certain medial mobile apps which, according to the FDA, pose similar risks as other regulated medical devices. Beyond the scope of the FDA? You decide:

Read current law firm commentary and analysis on the mobile medical app FDA draft guidance - more will be added as it comes in.

- Anything else?

Indeed: bonus material for reading this far. Posted yesterday, an interesting case study/interview with Fenwick & West entertainment, consumer technology and intellectual property attorney Jennifer Stanley:

New Media, New Rules: Copyright Strategies in the Age of Apps.

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Enjoy your weekend and we'll see you online:

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