Regulation

  • Registering Marks As Top-Level Domain Names

    The Internet Corporation for Assigned Names and Numbers ("ICANN") plans to issue generic top-level domain names ("gTLDs") beyond the current 21 top-level domain names ("TLDs") such as .com and .net. For the first time, trademark owners may use their marks as gTLDs; for example, .nike. The application process is complex, and trademark owners have no guarantee that they will secure gTLDs for their marks. e-Commerce providers, however, can use trademark-law strategy to gain advantages during the application process.

    January 28, 2010Robert B.G. (Red) Horowitz

  • Worker Misclassification to Receive Heightened Scrutiny

    Over the past year, federal and state governmental agencies have signaled their intent to more seriously investigate the misclassification of employees as independent contractors. Penalties for misclassification are severe and can put a company out of business.

    January 28, 2010Joel W. Rice and Brian K. LaFratta

  • COBRA Subsidy Extended; Further Extensions Likely

    In the midst of the ongoing health care reform debate, Congress was able to unanimously agree on retroactively extending the Federal 65% COBRA health care premium subsidy for workers involuntarily separated.

    January 27, 2010Stuart Sirkin

  • Money Laundering: A Changing Paradigm

    Over the past several months there has been a slew of public pronouncements that should put financial institutions on edge. Enhanced enforcement of the Foreign Corrupt Practices Act (FCPA) is now migrating into the financial sector and linking up with anti-money laundering (AML) and Office of Foreign Assets Control (OFAC) compliance requirements.

    January 26, 2010Michael Zeldin and Miriam Ratkovicova

  • Interpreting FTC's New Endorsement Guidelines

    This series examines changes to the Federal Trade Commission guidelines for product endorsements and testimonials. The revised new guidelines took effect Dec. 1, 2009.

    December 21, 2009Alan L. Friel

  • FTC Guidelines Fallout

    The regulations that the Federal Trade Commission recently promulgated on product endorsements could result in injunctions for bloggers and advertisers, who could be ordered to reimburse consumers for financial losses stemming from product reviews that are considered inappropriate under the new guidance.

    December 18, 2009Jonathan Bick

  • Compensation and Risk-Taking

    Spurred on by an angry public, regulators will be requiring banks to demonstrate that their compensation policies do not result in "excessive risk-taking." Any bankers hoping this issue will fade away are going to be disappointed. Risk-based compensation is on its way and banks should start now to get ready for it.

    December 18, 2009Dan Borge

  • Corporate Disclosure: The Twitter Effect

    In May, the New York Stock Exchange implemented new rules allowing for the use of corporate Web sites as a primary vehicle for disseminating material company information.

    November 25, 2009Stephen E. Older