JD Scoop : JD Supra’s Blog : Content Publishing, Document Sharing, Expertise Marketing for Legal Professionals

Lawyers, law firms, legal professionals: we want to see your work. We're building a new section on JD Supra: a collection of analysis and perspective covering all legal aspects of the incoming Obama administration. We'd like you to participate.

What is your particular legal insight into the Obama administration's plans?

Are your sharing this information with your clients? Now publish it on JD Supra. We'll include your work in our upcoming resource: "Legal Analysis: The Obama Administration."

If you have a tax, bankruptcy, commercial finance, manufacturing, immigration, labor & employment, or other practice area that will be impacted by the new administration's policies, share your work with us now.

[See Legal Analysis: Financial Crisis for an example of how we treat the information.]

Historic Times

We have an incoming administration that intends to address the many historic crises we face, in large part, through major government reforms and intervention (aka legislation and regulation).

More people than ever (from CEOs to consumers to stay-at-home moms) are paying attention, looking for plain-English explanations about what the government is doing and how it might impact their lives and businesses.

Opportunity for the legal community to showcase expertise

Here is an opportunity to demonstrate value and expertise beyond the confines of a particular transaction or case.

Many legal marketers already recognize this. Their firms have been prolific producing up-to-the-minute analysis of, for example, the financial crisis as it relates to their fields of expertise. (And, there's an audience hungry for this information. Legal analysis to do with the financial crisis is so popular that we created a separate section on JD Supra to collect and feature it.)

Now we are doing the same with legal analysis and perspective to do with the Obama administration. All aspects.

In advance of the recent election, we received many insightful articles about the implications of either a McCain or Obama victory, which we listed in a blog post: Legal Perspectives: The US Election. Now, our contributors are starting to share some excellent, forward-looking analysis. For example:

• Obama Presidential Election Victory Could Lead to Dramatic Increase in Unionization of Employers in the U.S.
• New Administration Not Likely to Change Immigration Enforcement Strategy
• Preparing for Employment-Related Issues in a Down Economy and Under a Labor-Friendly Administration

And so begins our coverage of an historic turn of events around which legal professionals have much to offer. 

This is a golden opportunity to get noticed - don't let it pass you by.

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Related:

- Legal Analysis: The Global Financial Crisis

- Legal Perspective: U.S. Election

- Legal Marketing: Five Things to Know About Content

- Showcase Your Expertise: Publish Your Legal Docs on JD Supra

- Read All About It: JD Supra Unveils Comprehensive Repository...

 

File under: "Joe the Plumber," meet "Citizen the Voter."

No matter your name or occupation, we hope you'll find this roundup of legal analysis relating to the election worthy of review:

- A Taxing Election: Analyzing the Tax Policies of a McCain versus an Obama Administration, by OberlKaler - key analysis of the candidates' federal tax policies and their potential impact on your finances. Joe the Plumber should have read this one before his national debut.

- Pending Legislation - What the Elections Could Mean for Your Workplace, by Ford & Harrison - reviews pending legislation that could have a significant impact on the workplace, and be impacted by the candidate and Congress to take office after the elections.

- Election Law Primer, by Todd Corne - Outlines what every voter should know about Federal and State election laws, including Constitutional provisions and Congressional enactments which protect and expand voter's rights. Includes a plethora of pertinent and informative links.

- It's My Party--Or Is It? First Amendment Problems Arising from the Mixed Role of Political Parties in Elections, from the Cato Institute - An in-depth look at two recent Supreme Court decisions in 1st Amendment cases and a resulting discussion of the intimate relationship between our "private" political parties and the "public" elections process.  Is our 1st Amendment right being diminished by the very elections process we vote by? 

- The Voting Rights Act at 40, from William Walls of Helium, Inc. - There is still work to be done.  Read an analysis of the history of the Voting Rights Act and draw your own conclusions as to the provisions coming up for renewal. 

- Can a Bumper Sticker Get You Bumped? NLRB's General Counsel Issues Guidelines on Political Advocacy, from Littler Mendelson  - What constitutes "going too far?"  Political Advocacy in the work place: Guidelines for employers and employees alike.

Also of interest - analysis of specific legislation that includes Obama's and McCain's positions:

- Bush Announces Five-Year Interest Rate Freeze Agreement, by Lane Powell

- Employer Mandated Wellness Initiatives. The Continuum from Voluntary to Mandatory Plans, by Littler Mendelson

- "Say on Pay" Shareholder Proposals Gain Momentum In 2007 by Pryor Cashman

- Section 529 Plans: A Smart Way to Save for College by OberlKaler

- The Employee Free Choice Act: A Critical Analysis by Littler Mendelson

- The New York State Fiscal Crisis and Special Legislative Session by Manatt, Phelps & Phillips

 

The documents in this 2008 U.S. election reading list were published on JD Supra by a diverse mix of leading lawyers and law firms.

Got something to add? Join JD Supra and now - start showcasing your expertise to a wide online audience.

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Further:

- Legal Analysis: The Global Financial Crisis (comprehensive reading guide)

- Please Digg this list if you dig it. 

 

 

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[Update 11.04.08: a permanent version of this JD Supra reading list is now located at Legal Analysis: The Global Financial Crisis. Please visit the new location for the latest updates and newest documents.]

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Morrison & Foerster, Duane Morris, Lang Michener, Mintz Levin, Lane Powell and other firms have been posting legal analysis of Washington's proposed bailout plans and other developments related to current upheaval in the financial industry. Here is a must-read list of some of those documents:

(Lawyers and firms, if you have documents to add to the mix, share them on JD Supra now.)

Overview

• Financial Crisis Alert: FBI Probes Role of 26 Firms in Financial Crisis
• Financial Crisis Alert: Study on Mark-to-Market Accounting
• Financial Crisis Alert: SEC Chairman Cox Calls for Credit Default Swaps Regulation
• Congress Passes Largest Financial Bailout Bill Since the Great Depression
• Highlights of the Emergency Economic Stabilization Act
• Economic Stabilization Act: Overview of Transactions Involving Troubled Assets - reviews who can participate, what assets will be covered, and how the program will work.
• Joint Statement by Treasury, Federal Reserve, and FDIC
• Money Market Fund Bailout Update; First Look: New Asset-Backed Commercial Paper Liquidity Facility - describes the temporary guaranty program for the U.S. money market mutual fund industry. Updates:
  • First Look at Treasury Plan; Money Market Fund Bailout - describes the Bush administration's initial proposed legislation to grant the Treasury Secretary broad authority to purchase up to $700 billion of non-performing, hard-to-value real estate and mortgage related assets and securities from financial institutions in order to strengthen their financial position and allow for additional liquidity in the financial system.
• Bush Enacts Watershed Housing Bill Providing New Funding and Regulation for Mortgage Industry - reviews the Housing Assistance Act of 2008, signed into law on July 30, 2008, which created a $300 billion program to refinance troubled mortgages and created new regulatory oversight of Fannie Mae (“Fannie”) and Freddie Mac (“Freddie”)

Credit Repurchase Program and TARP 

• As The Dust Settles...- One thing is for sure, each institution eligible for consideration under the Capital Purchase Program (CPP) as a potential recipient of a Treasury infusion of capital should be paying careful attention to the details of the announcement and what they may mean for it.
• Update to Treasury's Capital Purchase Program
• New Liquidity and Capital Alternatives for Financial Institutions: Treasury's TARP Capital Purchase Program; FDIC's Temporary Liquidity Guarantee Program
• Newsletter of the Banking And Specialty Finance Practice Group of Manatt, Phelps & Phillips, LLP

Fannie & Freddie

• Financial Crisis Alert: Agencies Consider Reduction of Fannie Mae and Freddie Mac Debt Risk

Executive Compensation Conditions

• Executive Compensation Restrictions Under the Emergency Economic Stabilization Act of 2008
• The Emergency Economic Stabilization Act of 2008 Extensively Regulates Executive Compensation, but Leaves Many Unanswered Questions

Tax Provisions

• Bailout Bill Tax Provisions - An Executive Summary - summary of some of the more significant business-related tax provisions included in the 'Emergency Economic Stabilization Act of 2008,' signed into law on October 3, 2008.
• Notice 2008-83: The IRS Offers Reassurance to Troubled Banks - analyzes IRS Notice 2008-83, 2008-42 I.R.B. 1 (the “Notice”), which effectively removes a potential barrier to bringing in new equity ownership of a struggling bank by assuring taxpayer banks that the IRS does not intend to challenge otherwise allowable deductions as being attributable to pre-ownership change periods. Updates:
  • Federal Reserve Board Liberalizes Rules for Investments in Banks - describes the Federal Reserve Board guidelines for non-controlling, minority investments in banks and bank holding companies, and their impact.
• MoFo Tax Talk - discussing the proposed bailout bill's tax provisions.

Health Provisions

• Bailout Legislation Contains Key Mental Health Parity and Addiction Equity Act - which require equal coverage of mental and physical illnesses in an employer's group health plan.

Environment & Energy Provisions

• Financial Bailout Package Contains Tax Incentives for Renewable Energy
• Summary of Cleantech Provisions in the Bailout Bill - reviews the Stabilization Act's clean-energy tax provisions, which total approximately $18 billion and provide tax incentives for energy production and conservation, extend expiring tax provisions relating to such incentives, and extend tax benefits to individual and business taxpayers.
• The Sun Will Continue to Shine on Renewable Energy: A Surprise Ending to the Renewable Energy Tax Credits Debate - discusses the Act's key tax provisions of significance to renewable energy investors and producers.

Securities

• Financial Crisis Alert: Study on Mark-to-Market Accounting 
• Financial Crisis Alert: SEC Chairman Cox Calls for Credit Default Swaps Regulation
• Financial Crisis Alert: SEC Seeks to Combat Market Manipulation
• Financial Crisis Advisory: SEC Extends Emergency Short-Sale Restrictions and Reporting Requirements
• Update Regarding UK's Short-Selling Prohibition - updates information regarding UK’s Financial Services Authority's (FSA) short Selling (No 3) Instrument1, which conformed the definition of a “market maker” for the purposes of the disclosure obligation.
• Emergency Restrictions on Short Selling in the United States, Canada and the United Kingdom, which includes plain language definitions of the various types of short selling impacted.
• SEC Clarifies Short Sale Restrictions and Related Disclosure Requirements (which updates):
  • New Restrictions on Short Sales; Disclosure Requirements for Short Sales and Positions; and Relaxed Issuer Repurchase Requirements - analyzes the SEC's new rules regarding short selling to avoid accelerating downward pressure on securities.

Impact on Employers/ERISA Retirement Plans

• And You Thought the Bailout Was Bad: Employment Law Risks in the Current Financial Crisis
• Employee Benefits Alert: Financial Markets Impact ERISA Retirement Plans and Plan Fiduciaries 
• Economic Stabilization Act: Employee Benefits and Executive Compensation

New Mortgage Lending Rules

• Federal Reserve's New Mortgage Lending Rules to Take Effect October 2009 - covers the Federal Reserve Board's ("the Fed") rules implemented last summer to curb misleading and deceptive practices in mortgage lending, especially subprime loans.
• Avoiding Lender Liability in Sub Prime Loans

Making Lemonade

• Slowing economy presents opportunities and challenges: buying & selling financially distressed businesses
• Recovery Legislation Creates Both Opportunities and Risks for Government Contractors

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[Update 11.04.08: a permanent version of this JD Supra reading list is now located at Legal Analysis: The Global Financial Crisis. Please visit the new location for the latest updates and newest documents.]

Related news coverage:

- U.S. Implements Bailout as Global Markets Plunge (Washington Post; free reg req'd)

- Blaming Deregulation (Wash Post)

- Without a Bailout Plan, What Will the Cost Be? (Time)

- World Markets Plummet Despite Bailout (CBS News)

- Forecasters See Wobbly U.S. Economy Ahead (CBS News)

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.

Patent Happenings, July 2008 - from Robert Matthews Jr., concise summaries of important developments in U.S. patent law occurring during the month of July, 2008.

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?"

What Is Probate? - a plain language review of probate law by Kenneth Vercammen.

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.