The Employee Freedom of Choice Act
May 29, 2007
After years of lobbying, the Employee Free Choice Act was introduced in 2003, but did not advance. Similar legislation was proposed again in 2005, co-sponsored by Sen. Edward Kennedy (D-MA) and Rep. George Miller (D-CA). While it did not pass either the House or Senate, it attracted widespread notice by gaining the support of 44 Senators and 215 Representatives (only three short of the 218 House votes required for passage). Predictably, in early February 2007, with the new Democratic Congress now in power, Rep. Miller, in his role as Chairman of the House Education and Labor Committee, reintroduced this proposed legislation (H.R. 800) containing all three items on the labor movement's wish list.
The 2007 Proxy Season
May 29, 2007
On July 26, 2006, the Securities and Exchange Commission ('SEC') formally adopted new executive compensation disclosure requirements under Item 402 of Regulations S-K ('Item 402'). With the ink barely dry, the SEC on Dec. 22, 2006, modified the reporting requirements related to stock options and stock awards on the Summary Compensation Table, the Director Compensation Table and the Grants of Plan Based Award Table (the 'Item 402 Amendment'). The new rules significantly increase the required disclosure for the 2007 proxy season and ensure that there will be plenty of interesting reading for shareholders, executives and regulators.
On the Razr's Edge: Mobile Marketing
May 25, 2007
Mobile marketing offers the best in advertising ' a direct, personal, measurable and dynamic means of engaging, informing, and entertaining consumers. But this mobile advertising frontier is hardly the Wild West. Plenty of federal and state laws regulate this direct-marketing vehicle. More than that, various industry groups ' most notably the Mobile Marketing Association ('MMA') ' have developed best practices designed to maximize advertising impact while minimizing potential legal entanglements.
Movers & Shakers
May 25, 2007
News about the people leading the e-commerce industry.
The RED ZONE - Selecting Outside Counsel
May 01, 2007
HIDDEN DECISION MAKING by inside counsel needs to be overcome by law firms. This is one of 4 categories outside counsel and marketing departments must identify. What are the questions to ask?
Climate Change: Issues for Policyholders
April 30, 2007
In a ruling characterized as 'one of its most important environmental decisions in years' and a 'strong rebuke to the Bush Administration,' the U.S. Supreme Court held recently that the U.S. Environmental Protection Agency has authority to regulate emissions of greenhouse gases ('GHG') that contribute to climate change. Linda Greenhouse, <i>Justices Say E.P.A. Has Power to Act on Harmful Gases</i>, New York Times, Apr. 3, 2007 (discussing <i>Massachusetts v. Environmental Protection Agency</i>, No. 05-1120 (U.S. Apr. 2, 2007)). The Supreme Court's ruling in <i>Massachusetts v. EPA</i> could trigger long-anticipated regulation of GHG emissions in the United States, dramatically changing the regulatory environment in which U.S. businesses operate.
IP Branding: Adding Value to a Business
April 30, 2007
As the U.S. economy begins to switch from an industrial model to a knowledge-based one, business owners must adapt their traditional means for conveying the value of their assets. Intellectual property ('IP') is an intangible asset often overlooked by investors in assessing the value of a business, because companies fail to provide a useful metric for its value. IP branding is a business strategy that educates potential investors, licensees, and even competitors about the quantifiable worth of a company's intangible assets, such as patents and trademarks. Although branding has historically functioned in the traditional trademark sense to identify tangible products and services and to distinguish them from competitors, thereby giving the owner of the brand market power, it applies equally to other forms of IP. In a nutshell, the value of a firm or business is equal to not only the inherent value of its IP, but also the value added from the successful branding of a company's intangible assets. This article presents four key steps, with a focus on patents and trademarks, toward adding an IP branding strategy to an existing business model.
