Would you like to be alerted of new articles on Public Record? Check out LawKT Premium. Law Firm Publications on Public Record [See Also: News Articles] Last update: Mar 20, 2007 McDermott: Update from Germany - September 2005  Sep 06, 2005 ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on Seyfarth Shaw: New Labor Department Focus on Old LMRDA Reporting Requi...  Jul 22, 2005 Kilpatrick Stockton: Are you allowed to cook that?  Jul 01, 2005 It's important to note that under both U.S. patent and copyright laws, anysecretingredientsmustberevealed as both patent and copyright applications are public record. Maximizing a patent's value Once you file a patent application, it's considered patent pending Sidley Austin: California Employment Law Update February-April 2005  Apr 01, 2005 After considering these comments,the DLSE issued a further modification on May 9 and solicited additional public comments by May 25,2005. The OAL will then have 30 working days in which to review the rulemaking record to determine whether it demonstrates that the DLSE satisfied the procedural requirements of the APA, and to review the regulation for compliance with six standards: authority, reference, consistency, clarity, non-duplication, and necessity Troutman Sanders: Avoiding Conflicts of Interest in Zoning Actions  Mar 22, 2005 This disclosure becomes a public record. However, the official considering casting a vote in such matters should consider not only the letter of the law, but the public perception resulting from the official's active participation in a rezoning decision benefiting a family member Gibbons: Recording Development Approvals  Mar 07, 2005 Depending on your perspective, approvals placed of record are either a good idea or a cloud on title. ically require that the applicant record in public records with deeds and similar documents either the resolution of approval itself, or a notice of a particular condition or obligation contained within the approval Goodwin Procter: Financial Services Alert  Mar 01, 2005 The NPRs state that the Agencies are responding to public comments on proposals regarding CRA set forth in releases issued in February and August 2004. Comments on the NPRs are due 60 days after publication in the Federal Register Long & Levitt: Flatley v. Mauro (2004) 121 Cal.App.4th 1523  Dec 15, 2004 The California Supreme Court has accepted for review a case from the Second District that holds that an attorney's extortionate threats are not constitutionally protected conduct and are not entitled to the benefit of California's anti-SLAPP (Strategic Lawsuit Against Public Participation) summary procedures. Mauro repeated threats of publicity in subsequent telephone conversations with Flatley's counsel Gibbons: Recent Developments Affecting New York Corporate Politi...  Sep 01, 2004 The Revenue Procedure implements the Congressional amendments to Code Section 527 in Public Law 107-276, which was signed into law by President Bush on November 2, 2002. 14 The filed Form 8871 is available for public inspection at the Political Organization Disclosure Page at Wiley Rein & Fielding: Business Aircraft Finance Options: Negotiating the Best...  Feb 01, 2004 The mortgage will establish the bank's right to examine the aircraft and its records to confirm the borrower's compliance with all of the above. Often a bank will reserve the right to review the aircraft or its records and charge you for its costs in doing so Wiley Rein & Fielding: Business Aircraft Ownership & Financing Primer  Feb 01, 2004 As indicated below, if a shell entity owns an aircraft for the use of an operating entity or an individual, the FARs will require the existence and public filing of a lease identifying the true aircraft operator. The lease itself must be filed with the FAA Civil Aircraft Registry as a public record, and a copy must be on board the aircraft Bricker & Eckler: ohioconstructionlaw.com Newsletter - December 2003  Dec 01, 2003 Spotlight Focuses on Public Projects For Final Issue of 2003. Our December issue covers, as usual, a host of topics, but public construction predominates in the two articles McguireWoods: OVERVIEW OF FESTO PRECEDENT IN THE FEDERAL CIRCUIT AND ...  Sep 01, 2003 Preston Gates & Ellis: Public Development Authorities  Jul 01, 2003 ...to perform public functions that the creating city or county could perform itself. The particular project may be entrepreneurial in nature and intersect with the private sector in ways that would strain public resources and personnel Latham & Watkins: HHS Releases Interim Final Rule Setting Forth Procedura...  Jun 26, 2003 Investigational inquiries are non-public proceedings conducted by HHS. Witnesses may be represented by an attorney, but non-witnesses may only attend at the discretion of the Secretary. Testimony is taken under oath or affirmation, and the proceedings are recorded and transcribed Hale and Dorr: Federal Circuit Patent Update  Jun 01, 2003 The damages award based on a reasonable royalty was reversed because of insufficient evidence to support the amount and confusion in the record about the date of the hypothetical negotiation. Even if defendant got idea from plaintiff, state law offers no protection because idea was in the public domain Quinn Emanuel: Patent Litigation Outpaces Other Cases in Case Filings ...  Jun 01, 2003 These are: (1) The nature and seriousness of the offense, including the risk of harm to the public; (2) The pervasiveness of corporate wrongdoing; (3) The corporation's history of similar conduct and prior enforcement actions against it. According to the new Guidelines, "Too often business organizations, while purporting to cooperate with a [DOJ] investigation, in fact take steps to impede the quick and effective exposure of the complete scope of wrongdoing." There is no question but that the Miller Canfield: Hot Points Spring 2003  Apr 01, 2003 Following the much-publicized repeal of the Estate Tax in 2001, many people heaved a sigh of relief and put estate planning further down on their To-Do list. When it comes to email, what's private in the public sector Bricker & Eckler: ohioconstructionlaw.com - April 2003  Apr 01, 2003 April Issue Focuses on Public Construction Topics. Evaluating the Low Bidder's Finances, Interpreting Public Records Law, And Enforcing Surety Bonds Pillsbury Winthrop: OFAC Opens Up: OFAC Publishes Civil Penalty Guidelines  Mar 17, 2003 On January 29, 2003, the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC), as part of its effort to increase transparency, published an updated version of its internal "Economic Sanctions Enforcement Guidelines" in the Federal Register for public comment. All comments received will be a matter of public record and made available on OFAC's website, www Preston Gates & Ellis: Employment & Labor Law Department Update Winter 2003  Mar 17, 2003 Inspection of Payroll RecordsAB 2412 amends Labor Code §226 to permit current or former employees to inspect or request copies of his or her payroll records within 21 days of the request. If the employer conducts its own background check or investigation on an applicant, the employer must: Make available on the application form or other document a box the applicant can check waiving the right to receive a copy of any public record information (records of arrest, indictment, conviction, civil Wiley Rein & Fielding: Ten Ways To Fly In Your Own Business Jet  Mar 01, 2003 As indicated below, if a shell entity owns an aircraft for the use of an operating entity or an individual, the FARs will require the existence and public filing of a lease identifying the true aircraft operator. The lease itself must be filed with the FAA Civil Aircraft Registry as a public record, and a copy must be on board the aircraft Best Best & Krieger: State Income and Sales and Use Tax Relief  Feb 01, 2003 Although the specific factors and guidelines for this forgiveness program are not published or otherwise available to the general public, we suspect that the history of the delinquent account, the accessibility of the taxpayer, and the taxpayer's financial condition are relevant to being chosen akin to those factors underlying acceptance of an offer-in-compromise. On the other hand, we do know that (i) the delinquent tax account must be settled as of October, 1, 2002, and include tax together Best Best & Krieger: State Income and Sales and Use Tax Relief  Feb 01, 2003 Although the specific factors and guidelines for this forgiveness program are not published or otherwise available to the general public, we suspect that the history of the delinquent account, the accessibility of the taxpayer, and the taxpayer's financial condition are relevant to being chosen akin to those factors underlying acceptance of an offer-in-compromise. back to top home / attorneys / practice groups / firm newsour history / seminars s / publications / careers at bb Morrison & Foerster: Requirements for Employers Conducting Background Checks...  Jan 31, 2003 Background investigations may be conducted internally, by checking references or reviewing public records, or through the use of an outside agency. With the passage of AB 1068, employers now need only disclose information obtained from public records through an internal investigation, as discussed more fully below Morrison & Foerster: Requirements for Employers Conducting Background Checks...  Jan 31, 2003 Background investigations may be conducted internally, by checking references or reviewing public records, or through the use of an outside agency. With the passage of AB 1068, employers now need only disclose information obtained from public records through an internal investigation, as discussed more fully below Reed Smith: Right-to-Know Law Update  Jan 20, 2003 The most significant changes affect the methods by which public records must be requested and the responsibilities of the public agency in responding to requests. The revised Law holds agencies more accountable for a denial of a records request by enumerating specific steps it must take in denying a request SEC: Form 12b-25 Notification of Late Filing  Jan 01, 2003 The information contained in or filed with the form will be made a matter of public record in the Commission files. 3 SEC: Schedule 13G Short Form Statement of Beneficial Ownersh...  Jan 01, 2003 This statement will be made a matter of public record. Therefore, any information given will be available for inspection by any member of the public SEC: Schedule TO Tender Offer Statement  Jan 01, 2003 This statement will be made a matter of public record. Therefore, any information given will be available for inspection by any member of the public SEC: Schedule 13D Statement of Beneficial Ownership  Jan 01, 2003 This statement will be made a matter of public record. Therefore, any information given will be available for inspection by any member of the public Pillsbury Winthrop: Recent Developments in California Employment Law - 2002  Nov 20, 2002 However, an employee who is not provided reinstatement at the conclusion of FTDI leave might sue for wrongful termination in violation of public policy. PILLSBURY WINTHROP LLP B. Summary of Assembly Bill 2412 (Employee Access to Payroll Records) Effective Date: January 1, 2003 Summary: Requires employers to permit employees to inspect or copy payroll records within twenty-one calendar days from the date of the request Pillsbury Winthrop: Recent Developments in California Employment Law - 2002  Nov 20, 2002 However, an employee who is not provided reinstatement at the conclusion of FTDI leave might sue for wrongful termination in violation of public policy. PILLSBURY WINTHROP LLP B. Summary of Assembly Bill 2412 (Employee Access to Payroll Records) Effective Date: January 1, 2003 Summary: Requires employers to permit employees to inspect or copy payroll records within twenty-one calendar days from the date of the request Fried Frank: Disclosure Requirements for Transfers of Listed Shares ...  Oct 30, 2002 ...xsp; October 30, 2002 Disclosure Requirements for Transfers of Listed Shares in France This memorandum discusses mandatory disclosure requirements in France applicable to purchases or sales of shares of publicly traded French companies. Notification Requirements Statutory Disclosure Thresholds An investor whose percentage ownership of outstanding shares or voting rights in a publicly traded French company rises above or falls below thresholds of 5%, 10%, 20%, 33 Testa: Protecting Sensitive Private Equity Data  Oct 25, 2002 TH&T | Publications | Article Search Results A:link {color:"#003399"; text-decoration: none; } A:visited {color:"#003399"; text-decoration: none } A:hover {color:"red"; background: "#FFFFCC";} 0t. That is because many investors in private equity funds are public entities – e.g., public pension plans, endowment funds of public universities and publicly-traded funds of funds – that are subject to laws that require these limited partners to publish or disclose their own investment results Testa: Protecting Sensitive Private Equity Data  Oct 25, 2002 It has become obvious in recent weeks that the performance data and other sensitive information provided by private equity partnerships to their limited partners may not be safe from public disclosure. That is because many investors in private equity funds are public entities ­ e.g., public pension plans, endowment funds of public universities and publicly-traded funds of funds ­ that are subject to laws that require these limited partners to publish or disclose their own investment results Manatt: EmploymentLaw@manatt  Oct 22, 2002 The requirement to provide a copy of the public record obtained to the consumer applies whether or not the information is received in a written or oral form. "Public Records" is defined to mean "records documenting an arrest, indictment, conviction, civil judicial action, tax lien, or outstanding judgment." Employers are required to include on any job application form, or any other written form, a box that, if checked by the applicant or employee, permits the applicant or employee to waive his Gray Cary: Recent Developments Affecting Employers  Oct 16, 2002 References: The new law clarifies that if an employer conducts its own reference check, it need not turn over the information to an applicant except when a public record has been obtained;2. Internal Investigations: If an employer conducts its own investigation of an applicant or current employee and obtains public records, such as criminal conviction records, the information must be turned over to the applicant or employee within 7 days (a) unless the employer suspects misconduct or wrongdoing, Blank Rome: Nonrecourse Loans May Not Be What They Seem  Oct 01, 2002 Also, ignorance of the liens was not a defense since they were a matter of public record. Unenforceable "Penalty" Lee then raised an issue that will attract the attention of borrowers and lenders around the country Sidley Austin: California Labor & Employment Legislative Update - Octo...  Oct 01, 2002 Background Check Requirements Clarified FEHA Amended To Permit Tolling Of Limitations Period FEHA Age Discrimination Prohibitions Expanded Rights Of Sexual Assault Victims Expanded Penalties For Failure to Provide Payroll Record Access Imposed More Stringent Labor Standards Permitted Expansion Of Safety Statutes Vetoed Paying Workers' Compensation Premiums Changes In Investigations Of Serious Injuries And Deaths Ergonomics Bill Vetoed Protection to Employers Providing Reference Requests Weil: Additional Recent Decisions of Note  Oct 01, 2002 Plaintiff brought the class action under the court s diversity jurisdiction, on behalf of internet-related and high technology companies that had engaged defendant Credit Suisse First Boston Corporation to underwrite their initial public offerings ( IPOs ). The court first set forth the standards on a Rule 12(b)(6) motion: [w]hen considering a motion to dismiss a complaint under Rule 12(b)(6), a court must primarily consider the allegations contained in the complaint, although matters of public Allen Matkins: More New Legislation Impacting Employees  Oct 01, 2002 Two important shortcomings of the Section 998 offer are: (1) it must be left open for thirty days, which is sometimes longer than a litigant desires, and (2) the plaintiff has the ability to accept the offer and turn it directly into a public judgment, whereas an employer may prefer a private settlement agreement. Where an employer conducts a background check by itself, it must provide the applicant/employee with any public record obtained (e Jones Day: Recent Changes to UK Real Estate Law  Oct 01, 2002 ...href = "/about/about.asp?language=" + lang ; } Select a Language DeutschEnglishEspañolFrançaisItaliano日本語简体中文ç¹?體中文 Publications Search Email A Friend Related Areas of Practice Real Estate If you would like to receive a publication, please fill out our Publication Request Form View our current Jones Day Quarterly. Download AdobeAcrobat (pdf) Jones Day: Recent Changes to UK Real Estate Law  Oct 01, 2002 The importance of this stems from the peculiar effect of registration under English law, i.e. that until a transfer of registered (and registerable) real estate is in fact recorded at the Land Registry, legal title to the real estate is not acquired. Public access to filed documents will now extend to all documents held Littler Mendelson: California's Legislature Has Amended the Investiga...  Sep 01, 2002 Publications: ASAP 0t. xsp; Keyword Search Home > Publications > ASAP = 2000) { //do nothing } else { theYear += 1900; } document Sheppard Mullin: Million Dollar Verdicts! Why You Need to Know Who Owns ...  Aug 28, 2002 ...src = "/images/nav/nav_newsX.gif"; publications_off = new Image; publications_off. src = "/images/nav/nav_publications.gif"; publications_on = new Image; publications_on Bricker & Eckler: Ohio S.B. 184: The Anti-Terrorism Act and Public Record...  Aug 01, 2002 Substitute Senate Bill 184 ANTI-TERRORISM ACT: SECURITY AND INFRASTRUCTURE PUBLIC RECORDS EXEMPTION. BRICKER R LLP Substitute Senate Bill 184 ANTI-TERRORISM ACT: SECURITY AND INFRASTRUCTURE PUBLIC RECORDS EXEMPTION INTRODUCTION On May 15, 2002, Governor Taft signed a comprehensive bill aimed at addressing terrorism which became immediately effective Gibbons: New Amendments to the New Jersey Public Records Law Sta...  Jul 31, 2002 Gibbons, Del Deo, Dolan, Griffinger ione Articles New Amendments to the New Jersey Public Records Law Standardize Request Procedures By The Real Estate Department N.J.S.A. 47:1A, the Open Public Records Act ("OPRA"), was revised and amended on January 8, 2002 to include more formal procedures and time frames for accessing public records and appealing the denial of access requests. The recent amendments also create a Government Records Council to resolve access disputes and disseminate Michael Best & Friedrich: Should You Have a Living Trust In Your Estate Plan  Jul 01, 2002 Information concerning the assets of the trust or the distribution of trust assets does not become a matter of public record. In a probate estate in Illinois or Wisconsin, your will (therefore, the division of property after your death and the terms of trusts set up for beneficiaries under a will) becomes part of the public record Sullivan & Worcester: Frequently Asked Questions on Private Foundations  Jul 01, 2002 The IRS uses the term "public charities" to refer to charitable organizations under Section 501(c)(3) of the Internal Revenue Code that are not private foundations. On the other hand, most public charities usually provide services and operate charitable programs directly Frost Brown Todd: Media Law Advisory  Jul 01, 2002 Baker Botts: Supreme Court Reports  May 21, 2002 Next, Connecticut Dep’t of Public Safety v. Doe (01-1231) will address the question whether Connecticut’s sex offender registration law violates due process in authorizing the publication of true information about conviction history without an individual hearing to determine whether the offender is likely to be dangerous. We are not confident that Crane will assure Doe smooth sailing -- some of the Justices who were bothered by indefinite incarceration in Crane are not likely to think twice Caplin & Drysdale: The Importance of Transparency: A Review of the Public ...  May 01, 2002 A review of the public disclosure rules. These filings are generally a matter of public record Allen & Overy: Corporate - May 2002  May 01, 2002 New confidentiality measures for directors - under new regulations, which took effect on 2 April 2002, company directors who are under threat of violence or intimidation may prevent their home address details from appearing on public records held at Companies House. Company directors under threat of violence or intimidation are now able to prevent their home addresses from appearing in future on public records at Companies House, under new regulations which took effect on 2 April 2002 Gibbons: Congress Moves to Encourage Redevelopment of Brownfield...  Apr 23, 2002 The enforcement bar also applies only to States that maintain a public record of sites that in the past year have been and in the coming year will be cleaned up under the State response program. News | Resources | Publications | Practice Areas | Attorneys Recruiting | Community | Contact | Disclaimer | Privacy Notices This communication contains general information and is not intended to provide legal advice McDermott: Take Your Customer’s Complaints Seriously  Apr 01, 2002 ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on McDermott: Take Your Customer’s Complaints Seriously  Apr 01, 2002 ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on Frost Brown Todd: Media Law Advisory  Apr 01, 2002 Dickstein Shapiro: Health Law Bulletin  Apr 01, 2002 I. Search Warrants In addition to visits, interviews, and subpoenas, the other manner in which federal agents may gather documents, records, computers, and other items from your health care company is through a judicially authorized search warrant. If the agent believes you or your office has been involved in a billing scheme, then the affidavit will need to detail the investigation conducted that led the agent to the conclusion that your company's records, files, and computers contain evidence Dickstein Shapiro: Health Law Bulletin  Apr 01, 2002 I. Search Warrants In addition to visits, interviews, and subpoenas, the other manner in which federal agents may gather documents, records, computers, and other items from your health care company is through a judicially authorized search warrant. If the agent believes you or your office has been involved in a billing scheme, then the affidavit will need to detail the investigation conducted that led the agent to the conclusion that your company's records, files, and computers contain evidence Morgan Lewis: Patent Controversy Over Customer Service Call Centers  Mar 31, 2002 Katz has publicly identified his licensees as including. In November 2000, ATKatz settled the litigation for an undisclosed sum publicly estimated to be $100 million Thelen Reid: Newspaper Gets Access to Contractor''s Cost R...  Mar 25, 2002 Newspaper Gets Access to Contractor's Construction Cost Records for Public Works Project Under Ohio Public Records Act Economic Loss Rule InapplicableEngineer Held Liable to Subcontractor for Defects in Plans, Specifications, Inspections Unjust EnrichmentConstruction Lender Required to Pay Contractor for Value of Work Performed after Halting Funding Without Telling the Contractor Private FundingN.Y. Governor Signs Lien Law Amendment Protecting Contractors and Subcontractors on Public Projects Vinson Elkins: Festo Case Could Alter Patent Landscape  Mar 18, 2002 Vinson & Elkins: "Festo Case Could Alter Patent Landscape"  Mar 18, 2002 Frost Brown Todd: Media Law Advisory  Mar 01, 2002 Weil: The SEC''s Seaboard 21(a) Report And Real-Tim...  Mar 01, 2002 9 But it can scarcely be debated that the Report is an important policy statement, marking the first time the SEC has publicly set forth the criteria determining the credit that self-policing and cooperation will receive. Five days later, Ms. Meredith was dismissed, along with two of her supervisors, and Seaboard publicly disclosed that it would restate its financial statements Oblon Spivak: Is It Safe Not to File a Copy of a Settlement Agreement...  Feb 02, 2002 However, if the parties to a 35 USC 146 action are conspiring, they are not going to put anything in the public record of the 35 USC 146 action that would attract the attention of the Antitrust Division!  In my article I concluded that “what became 35 USC 135(c) was apparently expected to assist the Antitrust Division of the Justice Department in ferreting out anti-social activity by the patent interference bar. 13]  However, the only way that 35 USC 135(c) can accomplish that result is to allow Gardere: Doing Business in the United States  Feb 01, 2002 Piper Rudnick: Environmental Alert--CERCLA Amendments Enacted to Promo...  Jan 25, 2002 McDermott: The Festo Decision: The Federal Circuit Scales Back the...  Dec 01, 2001 ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on McDermott: The Festo Decision: The Federal Circuit Scales Back the...  Dec 01, 2001 ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on Baker & McKenzie: Louisiana  Dec 01, 2001 Orrick: Forming and Managing a Citizens Oversight Committee  Nov 06, 2001 The citizens' oversight committee is designed to ensure that spending decisions made by elected officials will be subject to direct taxpayer review, and that the public will be promptly alerted to any waste or abuse. The Board is required to provide administrative and any necessary technical assistance to the committee, including sufficient resources to publicize the committee's conclusions, all without spending bond funds Testa: Are Fund Performance Results Really Confidential?  Oct 01, 2001 TH&T | Publications | Article Search Results A:link {color:"#003399"; text-decoration: none; } A:visited {color:"#003399"; text-decoration: none } A:hover {color:"red"; background: "#FFFFCC";} 0t. However, if the discussion concerns a portfolio company that is publicly traded, the fund manager who continues to serve as a director of that public company must be mindful of the SEC’s Regulation FD (Fair Disclosure), which may require that the information be made available to the public Preston Gates & Ellis: Secured Lenders Beware: New Filing Rules Loom as Revise...  Aug 14, 2001 Under Revised Article 9, the bailee must not only receive notice of the security interest, it must also acknowledge, in an authenticated record, that it is holding the collateral for the secured party's benefit. The name of the debtor on the financing statement must be absolutely correct, which in the case of a registered entity is its name of public record in the state of its organization Frost Brown Todd: Media Law Advisory  Aug 01, 2001 Cohen & Wolf: How to Create a Winning Documentary Record  Aug 01, 2001 McGuire Woods: BANKING & FINANCIAL INSTITUTIONS GROUP NEWSLETTER  Jul 01, 2001 Harris Beach: Revised Article 9 of the Uniform Commercial Code  Jun 21, 2001 Finally, revised Section 503 now requires that the name of the debtor on the financing statement match exactly its name as indicated on the public record of its organization. Any name which is not the exact match of the debtor's organization name is "seriously misleading" and renders the financing statement ineffective unless a search of the public records under the incorrect name discloses a financing statement in the proper name Preston Gates & Ellis: Public Records In An Electronic World  May 01, 2001 Do e-mails constitute public records. What are sufficient means of complying with record retention requirements King & Spalding: Practical Pointers for Revised Article 9: Desirable Cha...  Apr 27, 2001 "XYZ Corporation" is the correct legal name of the Borrower indicated on the public record of the Borrower's jurisdiction of organization which shows the Borrower to be organized. These representations will determine where the Lenders should file their Financing Statements, as well as where they should to search to find other financing statements of record against the Borrower and the Guarantor Isaacson: "Employers Can Require Employees to Give Up Their ...  Apr 01, 2001 Hearings and other proceedings are closed and are not a matter of public record. Awards are enforceable in court, and judicial review is generally very limited, lending finality to the proceedings and limiting the availability of appeals Hinshaw & Culbertson: Lawyers' Professional Liability Update - April 200...  Apr 01, 2001 Hinshaw & Culbertson: Lawyers' Professional Liability Update  Apr 01, 2001 Frost Brown Todd: Media Law Advisory  Apr 01, 2001 Ober Kaler: A Practical Guide to Filing UCCs Under Revised Article ...  Apr 01, 2001 Frost Brown Todd: Media Law Advisory  Mar 01, 2001 Piper Rudnick: Health Care Alert: Health Care Financing Administration...  Mar 01, 2001 O'Melveny & Myers: Client Alert - Pappas - March 2001 (PDF)  Mar 01, 2001 All contractors awarded a public contract in excess of $25,000 are required to file a payment bond with, and approved by, the applicable public entity prior to commencing any work on the project. 1 In the recent case of Rankin v. City of Murietta, a California Appellate Court ruled that, in exercising such approval rights, a public entity has a mandatory duty to determine that such payment bond has been executed by (i) one sufficient surety insurer admitted in California (i Hale Dorr: Intellectual Property Law Bulletin -  Jan 01, 2001 Allens Arthur Robinson: Constructive knowledge  Oct 05, 2000 ...title); } } //-- Publications. Construction Ober Kaler: Business Trust Enhances Flexibility In True Lease Trans...  Oct 01, 2000 Mayer Brown: The Financial Services Regulatory Report - Federal Rese...  Jul 23, 2000 Mayer, Brown, Rowe LP - The Financial Services Regulatory Report - Federal Reserve Board adopts, proposes merchant banking and nonfinancial investment regulations INDUSTRIES ICES | LAWYERS | OFFICES | NEWS | PUBLICATIONS | EVENTS | CAREERS | MYPAGE Login | New User March/April 2000The Financial Services Regulatory Report - Federal Reserve Board adopts, proposes merchant banking and nonfinancial investment regulationsMayer, Brown, Rowe LPVol. Risk Management, Reporting and Record-Keeping Policies Testa: Blind Trust for Insider Holdings  Jul 01, 2000 TH&T | Publications | Article Search Results A:link {color:"#003399"; text-decoration: none; } A:visited {color:"#003399"; text-decoration: none } A:hover {color:"red"; background: "#FFFFCC";} 0t. e., 2 days) after the company’s public release of financial results for the current fiscal quarter Wyatt: President Bush Signs New Federal Brownfields Law  Jul 01, 2000 The Enforcement Bar would not apply to imminent and substantial endangerment issues, interstate pollution and other public health threats where the state did not know of the problem. As the carrot for this deference, the State must provide a list and update it at least annually a public record of the Brownfield sites Goodwin Procter: Financial Services Alert  Jun 27, 2000 ...publication are intended for informational purposes only. Second, the preamble to the SEC's final rule states that financial institutions cannot assume that mortgage records are publicly available, and thus not protected information under the Act Hayboo: Equal Pay for Equal Work: An International Issue ? The ...  Jun 19, 2000 ...visibility = "visible"; } } //-- PublicationHot TopicsPublicationsFirm Seminars1/14/2002 - ALERT: Enron Bankruptcy: Purchasing Assets from Enron and its Subsidiaries and Affiliates AuthorsCharles A. Beckham, Jr.Bernard F. Clark, Jr.Lenard M. ParkinsBradley J. RichardsJoseph A. VilardoGeorge G. Young IIIRelated Practice GroupsEnergy/PowerProject Finance© 2002 Haynes , L.L.P. Enron announced in court Friday, January 11, that it had selected UBS Warburg’s bid for its wholesale commodity trading Arnold & Porter: Here Come the Suits: The Dramatic Rise in Software Pate...  Apr 12, 2000 Arnold r LLP - Publication Articles - Intellectual Property/Technology function MM_swapImgRestore() { //v3. The early versions of software that contain the basic elements that might be improperly claimed in a more recent patent often were not patented themselves, so no easily accessible public record of their attributes exists Drinker Biddle & Reath: Fundamentals of Copyright  Mar 16, 2000 General categories of works that are copyrightable include, but are not limited to, literary works, musical works, dramatic works, graphic works, audiovisual works, choreographic works and sound recordings. The exclusive rights enjoyed by the copyright owneróa so-called ìbundle of rightsîóinclude not only the right to make copies of the work, but also, depending on the type of work protected, to prepare derivative works based on the copyrighted work, to distribute copies of the work to the Faegre & Benson: Know Your (Information) Rights  May 01, 1999 With the explosion of information available on the Internet and advances in surveillance and recording technology, the battles over regulation of information have become headline news for both government and business. What is the boundary between public and private FROF: PA Superior Court Panel Disagrees as to Whether Mortgag...  Dec 14, 1998 FROF Articles - PA Superior Court Panel Disagrees as to Whether Mortgage Had Constructive Notice of Unrecorded Reference in Deed function displayAttorney(aID) { win = window. open("/inside/attorney.asp?IC=y aID,'_blank','menu=yes,height=410,width=630,scrollbars=yes,toolbar=yes,location=no,directories=no,status=no,resizable=yes'); } PA Superior Court Panel Disagrees as to Whether Mortgage Had Constructive Notice of Unrecorded Reference in Deed by Lauren P. McKenna In  Mid-State Bank and Trust Co. Morgan Lewis: Ocean Shipping Reform Act of 1998 Overhauls Transportat...  Oct 01, 1998 The long-awaited Reform Act sets in motion a transformation of our common carriage system -- in which all pricing is filed with the government and made public -- into a contract-based system in which pricing will be confidential. Most contracts will be filed with a government agency, the Federal Maritime Commission (FMC), for monitoring purposes, although only a few contract terms, unrelated to pricing, will be made public Pillsbury Winthrop: The Private Securities Litigation Reform Act: An Opport...  Sep 21, 1998 ...location; } } function WM_netscapeCssFixCheckIn() { // This function checks to make sure the version of Netscape // in use contains the bug; if so, it records the window's // width and height and sets all resize events to be handled // by the WM_netscapeCssFix() function. Their sales were made at inflated prices because, it was claimed, the sellers were keeping the public ignorant of the true state of HMS's business Heller Ehrman: Durbin-Delahunt Bill Report  Aug 29, 1998 Part VII then considers the importance of thorough, well-publicized legislative hearings on this bankruptcy legislation before adoption of the Act or any of its provisions. Even if the Act were rewritten to address only secured transactions as to which a public registry actually contains incorrect information, it nonetheless would increase costs, have adverse economic effects, conflict with well-accepted bankruptcy avoidance policies, and impair UCC Article 9 Jones Day: Arbitration Clauses May Cure Internet Jurisdiction Woes...  Jul 31, 1998 The decision whether to enforce a forum selection clause will be made by the individual judge, applying any applicable local laws and treaties and such doctrines as comity, forum non conveniens, and local public policy. Arbitration, moreover, is a private process, not generally a matter of public record for all to discover Arnold Porter: The Lobbying Disclosure Act ? A Summary  Jul 01, 1998 Arnold r LLP - Publication Articles - Public Policy and Legislative function MM_swapImgRestore() { //v3. creator = self; } //-- Archived Articles : Public Policy and Legislative The Lobbying Disclosure Act — A Summary Martha L. Cochran and Sonia P. Fois document.title = document.title + " - The Lobbying Disclosure Act — A Summary"; July, 1998 I. OverviewThe Lobbying Disclosure Act of 1995 ("LDA")/1, requires public disclosure of the names of lobbyists, their employers, their clients, "good FROF: Commonwealth Court Destroys Confidentiality Of State Me...  Jun 26, 1998 Baker Botts: The Increasing Burden on Inventors and Patent Attorneys  Jun 01, 1998 ...( 1) From the "undisputed public record," i.e. the patent and prosecution history, and established rules of construction applied to claim language in the context of the patent, competitors should "be able to ascertain to a reasonable degree the scope of the patentee's right to exclude...."( 2) In recent cases, the Federal Circuit has placed an increasingly heavier burden on inventors and their patent attorneys. ( 7) The Federal Circuit reversed, holding that, as a matter of law, defendant could Piper Rudnick: Individual Reference Services Group ("IRSG") ...  Apr 01, 1998 ...open("/addsnapshot.aspx?referrer=http%3a%2f%2fwww.pipermar.com%2f404.aspx%3f404%3bhttp%3a%2f%2fwww.pipermar.com%2fpublications%2fPublicationBody.asp", "Snapshot", "width=370,height=150,scrollbars=no"); } The page you requested is not available. Click here to return to the home page Weil: Court Explores Derivative Litigation Privilege Issues-R...  Apr 01, 1998 The court added, however, that if Perrigo did not withdraw its motion to dismiss, then filing of the report with the court in a public manner which thus would make the report available to the plaintiffs in the Picard Chemical securities fraud class action would be required before the court would decide the motion. The court concluded as follows: This Court finds that once the Report is submitted to this Court to induce reliance upon the Report, the public interest in open adjudication outweighs Ober Kaler: Maryland Employees-New Hire Registry  Dec 01, 1997 Ober Kaler: Maryland Employees - New Hire Registry  Oct 01, 1997 Thelen Reid: "The Forefront of Patent Litigation: Early Claim I...  Oct 01, 1997 Moreover, because the Federal Circuit has squarely held in Vitronics that it is the rare case where patent claims should be interpreted based on anything other than the "public record" (i. Under Vitronics, the judge is to generally interpret the claims only according to the "intrinsic evidence" or public record because "[i]n most situations, an analysis of the intrinsic evidence alone will resolve any ambiguity in a disputed claim term." 90 F.3d at 1583 Foley Lardner: Public Agency's Governing Body Must Explain Reason...  Aug 15, 1997 Pillsbury Winthrop: A Note on the FTC Change in the Length of Time in Which...  Jan 01, 1997 ...location; } } function WM_netscapeCssFixCheckIn() { // This function checks to make sure the version of Netscape // in use contains the bug; if so, it records the window's // width and height and sets all resize events to be handled // by the WM_netscapeCssFix() function. Following Commission action the proposed order would be transmitted to the Secretary’s Office for publication in the Federal Register Bell: Effective Risk Allocation in The Construction Contract  Jan 01, 1997 Other Factors: Privacy is an element which should be considered since nothing is a matter of public record. This publication is published by Bell, Boyd & Lloyd LLC for clients and friends of the firm and is for information only Bell: Effective Risk Allocation in The Construction Contract  Jan 01, 1997 Other Factors: Privacy is an element which should be considered since nothing is a matter of public record. This publication is published by Bell, Boyd & Lloyd LLC for clients and friends of the firm and is for information only Arnold Porter: IP News  Aug 01, 1996 Arnold r LLP - Publication Newsletters function MM_swapImgRestore() { //v3. 0 Independent Research Activities at Publicly-Accessible Laboratory Invalidates Patent The Federal Circuit held that a patent directed to a centrifugal blood processing apparatus was invalid due to prior public use under 35 U.S.C. § 102(b) Arnold Porter: Client Memo: Important Changes in Colorado Financing St...  Jul 01, 1996 Arnold r LLP - Publication Articles - Financial Services function MM_swapImgRestore() { //v3. Colorado’s Central Indexing System To enable lenders and purchasers to check the public records for competing security interests, most states’ versions of Article 9 requires financing statements to be filed in a location designated by statute: either the county where the collateral is located or at the Secretary of State’s office Arnold Porter: A Taxing Choice -- Lobbying Disclosure Act or Tax Code?  May 18, 1996 Arnold r LLP - Publication Articles - Tax es function MM_swapImgRestore() { //v3. In an effort to minimize recordkeeping requirements, Congress enacted §15 of the LDA, which generally permits taxable and nonprofit organizations that already are required to keep track of their lobbying expenditures under the tax laws to elect to use the tax law definitions of lobbying in lieu of the LDA’s definition of "lobbying activities."The tax election also may prove to be a valuable planning tool Epstein Becker & Green: Due Diligence for Directors: Nine Trouble Spots to Dete...  Feb 01, 1996 The company is privately held and has an impressive record of growth, and demand for its products is steadily increasing. You keen to know about potential risks and exposures that could significantly alter the company's intrinsic value based on the financials that are publicly available Laughlin: Protecting Privileged Information In The Claims File - ...  Dec 01, 1995 A subpoena is generally utilized to obtain records, or to compel attendance in civil or workers' compensation cases. The type of subpoena which is the subject of this discussion requires production of business records, and usually requires no appearance by the subpoenaed party Oblon Spivak: Alternatives To Litigation  Jan 01, 1984 "Security Interests Protect Creditors   Second, by placing the public on notice of the creditor's interest in the collateral, the creditor establishes its priority with respect to future creditors claiming an interest in the same collateral. Under the old law, the financing statement was typically filed with the secretary of state in the state where the debtor had its main office or where his or her assets were physically located, thereby creating a public record accessible by potential creditors advising them that the debtor has Turbine Finance   The lessee should ask the lessor to place these reserves in a segregated account, identified as being "in escrow for the benefit of" the lessee, and permit the lessee to make a public recordation of its interest in the reserves. This may keep the funds from being frozen or lost if the lessor files bankruptcy Turbine Finance   By Federal law, the mortgage on a U.S. registered aircraft will be filed with the FAA Civil Aircraft Registry in Oklahoma City, Oklahoma (much like a home mortgage is filed in local land records). The "nonaircraft" assets associated with the aircraft (such as records, warranties and loose equipment) is taken as security with typical lien filings in local jurisdictions Bulletin 01-32   ...location; } } function WM_netscapeCssFixCheckIn() { // This function checks to make sure the version of Netscape // in use contains the bug; if so, it records the window's // width and height and sets all resize events to be handled // by the WM_netscapeCssFix() function. This bulletin discusses the tension in bankruptcy between the policy allowing public inspection and that permitting protection of confidential information Title Insurance Law Update Volume 1   A periodic publication on the current legal issues facing the title insurance and real estate industries Volume 1, Issue 1 W i n t e r 1 9 9 9. e are pleased to provide you with the inaugural edition of Title Insurance Law Update, a publication of the Title Insurance Defense Group of Fox, Rothschild, O'Brien el, LLP. We have developed this newsletter to keep you advised of legal developments which affect the title insurance and real estate industries on both a local and national level International Alert - Baker Hughes   In a series of related cases only recently made public, the Securities and Exchange Commission ("SEC") and the Justice Department have extended their reach to parties and circumstances not covered by previous FCPA enforcement actions. On the facts in the public record, both the Indonesian 02-01-01: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 02-01-01: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 06-01-03: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 06-01-03: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 12-01-00: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 12-01-00: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on : Markman   The Court, for example, directed trial judges to consider three primary sources in ascertaining the meaning of a patent claim: the claim language itself, the patent's specification, and the patent's administrative record in the U.S. Patent & Trademark Office, often referred to as the prosecution or file history. These documents form the public record of the patent and constitute what the Court has termed the "intrinsic" evidence of claim meaning : Farmers Insurance Exchange   ...al. (2002) ___ Cal.4th ___, 02 Cal. C.D.O.S. 468 California Supreme Court Grants and Defers Review of Decision Regarding Public Disclosure of Data Relating to Certain Automobile and Other Insurer's Sales Practices, Volumes, and Premiums. declaratory and injunctive relief against the Department of Insurance, the Insurance Commissioner (collectively "Commissioner") and others, seeking to prevent the disclosure of public records allegedly containing proprietary information relating to automobile Akin Gump: Department of Justice Issues Guideline for Sharing Heal...   DOJ's Information Exchange Coordinators will promptly provide to health plans upon request public record information, including civil settlements, criminal indictments, plea agreements and compliance agreements, and make available to affected plans periodic written summaries of enforcement actions in newsletter format and through copies of reports submitted to the Healthcare Integrity and Protection Databank (which was established by HIPAA). Also, where practicable, authorized by law, and Akin Gump: Supreme Court Determines PRRB has no Jurisdiction to Re...   DOJ's Information Exchange Coordinators will promptly provide to health plans upon request public record information, including civil settlements, criminal indictments, plea agreements and compliance agreements, and make available to affected plans periodic written summaries of enforcement actions in newsletter format and through copies of reports submitted to the Healthcare Integrity and Protection Databank (which was established by HIPAA). Also, where practicable, authorized by law, and Akin Gump: CFIUS National Security Review Creates New Uncertainty ...   Briggs & Morgan: Handling Employee Theft Claims   Of course, you are not required by law to report a theft and it will be public record if charges are filed (the media seems to have a penchant for major employee theft stories). Any report is made to the police or sheriff s department Cooley Godward: Hart-Scott-Rodino Quick Reference Outline   Early Termination of Waiting Period can be requested - Requests frequently granted and immediately become matter of public record. D. Confidentiality of Information Submitted: Information submitted is exempt from public inspection or disclosure Cooley Godward: SEC Regulation FD: New Rules for Communicating With Ana...   To help public companies understand and cope with the new rules, this memorandum provides a summary of the requirements of Regulation FD, its impact on dealing with analysts and some practical recommendations for compliance with the new rules. Regulation FD was issued by the SEC to prevent so-called "selective disclosure" of material non-public information to securities professionals and investors before that information has been disseminated to the general public Cooley Godward: SEC Regulation FD: New Rules for Communicating With Ana...   To help public companies understand and cope with the new rules, this memorandum provides a summary of the requirements of Regulation FD, its impact on dealing with analysts and some practical recommendations for compliance with the new rules. Regulation FD was issued by the SEC to prevent so-called "selective disclosure" of material non-public information to securities professionals and investors before that information has been disseminated to the general public Davis Graham & Stubbs: Restraining Orders: Taking Measures to Protect Your Emp...   Stalking covers a wide variety of conduct including, without limitation, physical contact, obscene language or gestures in a public place, following a person in a public place, communications (including by telephone) intended to harass or threaten bodily injury or property damage, and calling a person repeatedly or at inconvenient hours. The checklist need not be filed with the complaint, but it will become a part of the public record and served on the defendant if it is filed Days: The Small Business Liability Relief and Brownfields Rev...   Fox Rothschild: Public Records and Amendments to the Right to Know Law   SUMMARY OF SECTIONS OF AMENDMENTS OF RIGHT TO KNOW LAW Highlights of this new law include: how verbal and written requests for records are made; the requirements for written explanations for denials; appeal rights that may follow; the award of attorneys' fees and sanctions for violations; criminal and civil penalties; immunities for officials; and fee limitations for postage, duplicating, and so on; and requirements for the preparation of written policies. Procedure for Access to Public Records Fox Rothschild: New Legislation Expands Jurisdiction of Delaware Court ...   The mediation provision is especially noteworthy because it appears to be the first of its kind in the United States and is a drastic departure from the general policy regarding the availability of court findings to the public. Although existing Court of Chancery Rule 174 allows for mediation for cases pending in the Delaware Court of Chancery, in order for that Rule to apply, a conventional lawsuit must first be filed, and generally speaking, the court filings in that lawsuit are available to Frost Brown Todd: Media Law Advisory   Honigman Miller: EPA Environmental Appeals Board Rejects Citizens' A...   EPA issued a draft permit on April 6, 2001; issued a public notice providing for a 30-day comment period on April 26, 2001; and issued another public notice on June 20, 2001, providing for a public hearing on July 24, 2001. On July 17, 2001, EPA issued another public notice stating that an "information meeting" to discuss the permit would be held from 6 to 7 p.m. on July 24, 2001, the same date as the public hearing, and extended the public comment period until August 20, 2001 Michael Best & Friedrich: Annual Survey of Wisconsin Law 2000 - Administrative La...   The cases discussed in this chapter also include helpful discussions of the scope of judicial review of agency decisions and the availability of public records under the public records law. To order other publications, please call the State Bar at (608)257-3838 or toll-free at (800) 728 Morris: Legal and Ethical Issues in Obtaining and Sharing Infor...   Second, there are the issues that arise when an insurer, or its agent, obtains information from public sources or from third parties. Next we will turn to those issues that might arise by obtaining information in the public domain or from third parties O'Melveny & Myers: Article on AB 1068 (PDF)   This publication is intended for informational purposes only and is not intended as legal advice or as a substitute for legal consultation in a particular case or circumstance. 53 now only applies to "matters of public record."34 The statute defines "public records" to mean "records documenting an arrest, indictment, conviction, civil judicial action, tax lien, or outstanding judgment."35 This means that employers generally need not worry about the application of the California Investigative Riker Danzig: 7/98 Adjoining Upland and Riparian Land Held to Const...   Riker Danzig: 11/98 Background Checks - Beware!   ...g., criminal records searches) they do on applicants and existing employees. " Forwarding these court documents to an employer constitutes a "communication" covered by the FCRA. However, it is important to remember that the Act does not apply to "reference checks," criminal background or drug record checks performed by the employer's own staff as part of their regularly assigned job duties. The FTC does recommend that employers who use this type of information voluntarily disclose to the Stoel Rives: Ethical Considerations in Water Resource Litigation   "Issues relating to communications with represented parties arise both for government counseland for attorneys representing clients before government agencies.. 8 1. Government CounselAs counselfor a public agency, " contact"issues often arise in either the context ofvarious required notices or agencyinvestigations. a. Official Notices In manyinstances, government counselare required to send various officialnotices to parties before the agencyinvolved. Are these communications falling within the Troutman Sanders: Annual Survey of Virginia Law: Article: Administrative ...   The authors wish to thank publicly John Barden and Gail Zwirner of the University of Richmond's Muse Law Library for their generous and expert assistance in the preparation of this article. Virginia's FOIA establishes general rights of access to government records and meetings along with concomitant government duties of disclosure and admittance, and then provides numerous exclusions Vandeventer Black: Enforceability Of Arbitration Clauses in Employment Con...   Enforceability Of Arbitration Clauses in Employment Contracts Home Firm Profile Attorneys Areas of Practice News Releases Articles Publications Cases Firm Directory Links Employment Elite Webview Login June 2001 New Supreme Court Decision Confirms Enforceability of Arbitration Clauses in Employment Contracts By: Chris Ambrosio New Supreme Court Decision Confirms Enforceability of Arbitration Clauses in Employment Contracts In a controversial decision handed down March 21, 2001, the U.S. Supreme Weil: Legislative Update   Congressional debate reveals that tax protestors and other extremists have filed fraudulent involuntary bankruptcy petitions against both public officials and private individuals as an abusive litigation tactic. Moreover, like voluntary bankruptcy filings, an involuntary filing is a matter of public record and can remain on an individual s credit report for up to 10 years, even if the filing is fraudulent and the case is dismissed by the court Weil: Changes to Czech Law Concerning Mortgages   Registration of the encumbrance will provide transparency for the general public since such encumbrances are now a matter of public record and this will in effect provide greater protection for banks and other lien creditors as they will be able to verify independently whether an ownership share in a company has been previously pledged. In case the secured debt is not paid in a timely manner when due, a lien creditor may foreclose its lien either by a sale of the collateral under court Weil: a200205   5/10/02) Florida Court of Appeals holds that email stored in government computers does not become a public record by virtue of its storage. The court held that private or personal email falls outside the definition of public records, which requires that such records be "made or received pursuant to law or ordinance." A reporter for the plaintiff requested copies of all emails sent or received by the government-owned computers used by two city employees, as part of an article concerning city Wiley Rein & Fielding: Confidentiality Of Files Protected   ...src = "../img/Attorney_Directory_off.gif"; imgSpeeches_and_Publications_on = new Image(); imgSpeeches_and_Publications_on. src = "../img/Speeches_and_Publications_on.gif"; imgSpeeches_and_Publications_off = new Image(); imgSpeeches_and_Publications_off Williams Mullen: Land Use Lines Vol. 1 No. 1   At least two counties in Virginia have publicly indicated their consideration of a rule to refuse the acceptance of preliminary plans. Access to Public Records "Security Interests Protect Creditors   Second, by placing the public on notice of the creditor's interest in the collateral, the creditor establishes its priority with respect to future creditors claiming an interest in the same collateral. Under the old law, the financing statement was typically filed with the secretary of state in the state where the debtor had its main office or where his or her assets were physically located, thereby creating a public record accessible by potential creditors advising them that the debtor has Bulletin 01-32   ...location; } } function WM_netscapeCssFixCheckIn() { // This function checks to make sure the version of Netscape // in use contains the bug; if so, it records the window's // width and height and sets all resize events to be handled // by the WM_netscapeCssFix() function. This bulletin discusses the tension in bankruptcy between the policy allowing public inspection and that permitting protection of confidential information Title Insurance Law Update Volume 1   A periodic publication on the current legal issues facing the title insurance and real estate industries Volume 1, Issue 1 W i n t e r 1 9 9 9. e are pleased to provide you with the inaugural edition of Title Insurance Law Update, a publication of the Title Insurance Defense Group of Fox, Rothschild, O'Brien el, LLP. We have developed this newsletter to keep you advised of legal developments which affect the title insurance and real estate industries on both a local and national level International Alert - Baker Hughes   In a series of related cases only recently made public, the Securities and Exchange Commission ("SEC") and the Justice Department have extended their reach to parties and circumstances not covered by previous FCPA enforcement actions. On the facts in the public record, both the Indonesian Circuit Court Review Highlighting cases from the Third   Law Firm of Pepper Hamilton LLP | Publications @import "style.css"; -- Register/Login Publications Circuit Court Review 10/05/2004 THIRD CIRCUIT CASES Antitrust (Burden to withstand motion for summary judgment in an action for horizontal price fixing) In re Flat Glass Antitrust Litigation, No. 03-2920 (Chertoff, J.) (also on panel: Nygaard, J. and McKee, J.) (Filed: September 29, 2004) The Third Circuit reversed in part a lower court s grant of summary judgment for the defendant in a class Proposed Rules on Disclosures Required by Sections 404   33-8138, 34-46701) laying out detailed rules and requirements for public company disclosures that would address whether their audit committees include financial experts, whether these companies have codes of ethics governing conduct of their senior executive officers, and specific disclosure and filing requirements relative to reports on the adequacy of companies' internal controls and procedures for financial reporting. In general, the Commission has proposed: To require public companies to 2003 Illinois Ethics Legislation: March   These bills have become Public Acts and have changed the landscape of ethical government in Illinois. Finding that the House Bill lacked "certain fundamental components" such as enforcement mechanisms, tough revolving door laws, gift ban provisions, ethics training and the regulations of inappropriate public service announcements, the Governor amendatorily vetoed the House Bill International Issues - 2002   Environmental   This newsletter is one of a number of publications produced by the Firm. For a wide selection of other such publications, please visit us online at www Disclosure Required by Sections 404   Comment letters will be available for inspection and copying in the Commission's Public Reference Room, 450 Fifth Street, NW, Washington, DC 20549-0102. Section 404 also requires the company's registered public accounting firm25 to attest to, and report on, management's assessment 02-01-01: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 02-01-01: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 06-01-03: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 06-01-03: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 06-30-98: Antitrust Wire   Record Penalties by DOJ for Failing to File HSR Notification, "GunJumping" Violations. Record Penalties for Failing to File and Gun-Jumping Violations Recent ing Events EU Focus on Conglomerate / Vertical Issues in Merger Review of IBM/Rational Recent Publications Supreme Court Will Not Review $1 08-01-00: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 08-01-00: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 12-01-00: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 12-01-00: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on : Markman   The Court, for example, directed trial judges to consider three primary sources in ascertaining the meaning of a patent claim: the claim language itself, the patent's specification, and the patent's administrative record in the U.S. Patent & Trademark Office, often referred to as the prosecution or file history. These documents form the public record of the patent and constitute what the Court has termed the "intrinsic" evidence of claim meaning : Farmers Insurance Exchange   ...al. (2002) ___ Cal.4th ___, 02 Cal. C.D.O.S. 468 California Supreme Court Grants and Defers Review of Decision Regarding Public Disclosure of Data Relating to Certain Automobile and Other Insurer's Sales Practices, Volumes, and Premiums. declaratory and injunctive relief against the Department of Insurance, the Insurance Commissioner (collectively "Commissioner") and others, seeking to prevent the disclosure of public records allegedly containing proprietary information relating to automobile Akin Gump: Department of Justice Issues Guideline for Sharing Heal...   DOJ's Information Exchange Coordinators will promptly provide to health plans upon request public record information, including civil settlements, criminal indictments, plea agreements and compliance agreements, and make available to affected plans periodic written summaries of enforcement actions in newsletter format and through copies of reports submitted to the Healthcare Integrity and Protection Databank (which was established by HIPAA). Also, where practicable, authorized by law, and Akin Gump: CFIUS National Security Review Creates New Uncertainty ...   Caplin & Drysdale: The 1969 Private Foundation Law: Historical Perspective...   The institutions affected are privately controlled and do not obtain financial support from the general public. 12] The grounds specified for differentiating private foundations from other types of charities were that churches, schools, publicly supported organizations, and the other excepted charities 'are in general what might be called 'public' organizations and because of this characteristic are not believed likely to become involved in' abuses of the sort which the new rules addressed Cooley Godward: Hart-Scott-Rodino Quick Reference Outline   Early Termination of Waiting Period can be requested - requests frequently granted and immediately become matter of public record. D. Confidentiality of Information Submitted: Information submitted is exempt from public inspection or disclosure Cooley Godward: SEC Regulation FD: New Rules for Communicating With Ana...   To help public companies understand and cope with the new rules, this memorandum provides a summary of the requirements of Regulation FD, its impact on dealing with analysts and some practical recommendations for compliance with the new rules. Regulation FD was issued by the SEC to prevent so-called "selective disclosure" of material non-public information to securities professionals and investors before that information has been disseminated to the general public Davis Graham & Stubbs: Restraining Orders: Taking Measures to Protect Your Emp...   Stalking covers a wide variety of conduct including, without limitation, physical contact, obscene language or gestures in a public place, following a person in a public place, communications (including by telephone) intended to harass or threaten bodily injury or property damage, and calling a person repeatedly or at inconvenient hours. The checklist need not be filed with the complaint, but it will become a part of the public record and served on the defendant if it is filed Fox Rothschild: Public Records and Amendments to the Right to Know Law   SUMMARY OF SECTIONS OF AMENDMENTS OF RIGHT TO KNOW LAW Highlights of this new law include: how verbal and written requests for records are made; the requirements for written explanations for denials; appeal rights that may follow; the award of attorneys' fees and sanctions for violations; criminal and civil penalties; immunities for officials; and fee limitations for postage, duplicating, and so on; and requirements for the preparation of written policies. Procedure for Access to Public Records Fox Rothschild: New Legislation Expands Jurisdiction of Delaware Court ...   The mediation provision is especially noteworthy because it appears to be the first of its kind in the United States and is a drastic departure from the general policy regarding the availability of court findings to the public. Although existing Court of Chancery Rule 174 allows for mediation for cases pending in the Delaware Court of Chancery, in order for that Rule to apply, a conventional lawsuit must first be filed, and generally speaking, the court filings in that lawsuit are available to Honigman Miller: EPA Environmental Appeals Board Rejects Citizens' A...   EPA issued a draft permit on April 6, 2001; issued a public notice providing for a 30-day comment period on April 26, 2001; and issued another public notice on June 20, 2001, providing for a public hearing on July 24, 2001. On July 17, 2001, EPA issued another public notice stating that an "information meeting" to discuss the permit would be held from 6 to 7 p.m. on July 24, 2001, the same date as the public hearing, and extended the public comment period until August 20, 2001 Morris: Legal and Ethical Issues in Obtaining and Sharing Infor...   Second, there are the issues that arise when an insurer, or its agent, obtains information from public sources or from third parties. Next we will turn to those issues that might arise by obtaining information in the public domain or from third parties Morris: Effective Use of Limited Liability Companies in Georgia   " After publication, the Treasury continued to pursue this goal, even in the face of some criticism from the tax bar as to the authority, if not the wisdom, of the proposed changes These changes were made final, effective January 1, 1997. Historical Perspective Prior to implementation of Check-the-Box, the classification regulations were based on the historical differences under local law between partnerships and corporations. With the onset of the LLC revolution, many states had revised their Morris: Effective Use of Limited Liability Companies in Georgia   " After publication, the Treasury continued to pursue this goal, even in the face of some criticism from the tax bar as to the authority, if not the wisdom, of the proposed changes These changes were made final, effective January 1, 1997. Historical Perspective Prior to implementation of Check-the-Box, the classification regulations were based on the historical differences under local law between partnerships and corporations. With the onset of the LLC revolution, many states had revised their Morris: Effective Use of Limited Liability Companies in Georgia   " After publication, the Treasury continued to pursue this goal, even in the face of some criticism from the tax bar as to the authority, if not the wisdom, of the proposed changes These changes were made final, effective January 1, 1997. Historical Perspective Prior to implementation of Check-the-Box, the classification regulations were based on the historical differences under local law between partnerships and corporations. With the onset of the LLC revolution, many states had revised their Morris: Effective Use of Limited Liability Companies in Georgia   " After publication, the Treasury continued to pursue this goal, even in the face of some criticism from the tax bar as to the authority, if not the wisdom, of the proposed changes These changes were made final, effective January 1, 1997. Historical Perspective Prior to implementation of Check-the-Box, the classification regulations were based on the historical differences under local law between partnerships and corporations. With the onset of the LLC revolution, many states had revised their Morris: Effective Use of Limited Liability Companies in Georgia   " After publication, the Treasury continued to pursue this goal, even in the face of some criticism from the tax bar as to the authority, if not the wisdom, of the proposed changes These changes were made final, effective January 1, 1997. Historical Perspective Prior to implementation of Check-the-Box, the classification regulations were based on the historical differences under local law between partnerships and corporations. With the onset of the LLC revolution, many states had revised their Morrison & Foerster: Paid Family Leave And A Baby WARN Act: The New Californ...   An employer or employment agency is prohibited from printing or circulating any publication or non-job related inquiry that expresses directly or indirectly any limitation based on age. g., certain bankruptcies, lawsuits, unsatisfied judgments, unlawful detainer actions, paid tax liens, accounts placed for collection or charged to profit, records of arrest, indictments, misdemeanors, convictions and other adverse information that antedates the report by more than seven years) when an employer is Palmer & Dodge: Privacy Alert for Airports   Perkins Coie: Federal Trade Commission   Last Updated: Wednesday, December 22, 2004 2:03 PM PRIVACY INITIATIVES HISTORY OF THE FTC JOBS AT THE FTC EARLY TERMINATIONS CONFERENCES & WORKSHOPS HEARINGS REPORTS RN DATABASE IMPORTANT NOTICE Regarding the Public Record Fair Credit Reporting Act FTC MergerBest Practices FTC/DOJ Hearings and Report on Health Care and Competition Law and Policy E-CONSUMER.GOV NO FEAR ACT DATA WEB SITE POLICIES RELATED SITES bottomNavBar() Stoel Rives: Ethical Considerations in Water Resource Litigation   "Issues relating to communications with represented parties arise both for government counseland for attorneys representing clients before government agencies.. 8 1. Government CounselAs counselfor a public agency, " contact"issues often arise in either the context ofvarious required notices or agencyinvestigations. a. Official Notices In manyinstances, government counselare required to send various officialnotices to parties before the agencyinvolved. Are these communications falling within the Stoel Rives: Disqualification for Conflicts of Interest: The Year in...   The attorney they consulted told them that he could only represent one of them and directed the defendant on to the public defender's office. The Court of Appeals noted pointedly on these issues that the attorney had told the defendant at the outset that he could not represent both the defendant and his wife and, following that admonition, the defendant had sought counsel at the public defender's office as the attorney had suggested Stoel Rives: Patents: The Secret is Out - Publication of Pending U.S...   PATENTS: TH E SECRET ISOUT ­PUBLICATION OFPENDING U.S. PATENT APPLICATIONS. Som etim es an invention is notdiscernable even th ough a productth atem ploys th e invention is publicly available Stroock: Department of Labor Interim Final Rules: ERISA Blackout...   This interim final rule is published pursuant to section 306(b)(2) of the SOA in order to carry out the provisions of section 101(i) of ERISA, and to invite the public to submit comments on the interim regulation so as to obtain information as to what further guidance in this area would be helpful to plan administrators and their advisors in fulfilling their duties to provide notice of blackout periods. gov. All written comments will be available for public inspection at the Public Disclosure Weil: Legislative Update   Congressional debate reveals that tax protestors and other extremists have filed fraudulent involuntary bankruptcy petitions against both public officials and private individuals as an abusive litigation tactic. Moreover, like voluntary bankruptcy filings, an involuntary filing is a matter of public record and can remain on an individual s credit report for up to 10 years, even if the filing is fraudulent and the case is dismissed by the court Weil: Changes to Czech Law Concerning Mortgages   Registration of the encumbrance will provide transparency for the general public since such encumbrances are now a matter of public record and this will in effect provide greater protection for banks and other lien creditors as they will be able to verify independently whether an ownership share in a company has been previously pledged. In case the secured debt is not paid in a timely manner when due, a lien creditor may foreclose its lien either by a sale of the collateral under court Weil: a200205   5/10/02) Florida Court of Appeals holds that email stored in government computers does not become a public record by virtue of its storage. The court held that private or personal email falls outside the definition of public records, which requires that such records be "made or received pursuant to law or ordinance." A reporter for the plaintiff requested copies of all emails sent or received by the government-owned computers used by two city employees, as part of an article concerning city White & Case: U.S. Federal Trade Commission   Last Updated: Wednesday, December 22, 2004 2:03 PM PRIVACY INITIATIVES HISTORY OF THE FTC JOBS AT THE FTC EARLY TERMINATIONS CONFERENCES & WORKSHOPS HEARINGS REPORTS RN DATABASE IMPORTANT NOTICE Regarding the Public Record Fair Credit Reporting Act FTC MergerBest Practices FTC/DOJ Hearings and Report on Health Care and Competition Law and Policy E-CONSUMER.GOV NO FEAR ACT DATA WEB SITE POLICIES RELATED SITES bottomNavBar() Williams Mullen: Land Use Lines Vol. 1 No. 1   At least two counties in Virginia have publicly indicated their consideration of a rule to refuse the acceptance of preliminary plans. Access to Public Records Winston Strawn: Patent Flooding in the Japanese Patent Office   78 Prior art in Japan consists of inventions publicly known or worked in Japan, or an invention described in a publication anywhere prior to the filing of the patent application. 84 c. Publication of Applications Publication of a patent application in Japan, a necessary part of the Japanese pre-grant opposition procedure,85 is required eighteen months after filing "Security Interests Protect Creditors   Second, by placing the public on notice of the creditor's interest in the collateral, the creditor establishes its priority with respect to future creditors claiming an interest in the same collateral. Under the old law, the financing statement was typically filed with the secretary of state in the state where the debtor had its main office or where his or her assets were physically located, thereby creating a public record accessible by potential creditors advising them that the debtor has Bulletin 01-32   ...replace (/-/, '~'); if (val == 'Publications Archive ') { newurl = url; } else { newurl = url + val; } window. replace (/-/, '~'); if (val == 'Publications by Practice ') { newurl = url; } else { newurl = url + val; } window Title Insurance Law Update Volume 1   A periodic publication on the current legal issues facing the title insurance and real estate industries Volume 1, Issue 1 W i n t e r 1 9 9 9. e are pleased to provide you with the inaugural edition of Title Insurance Law Update, a publication of the Title Insurance Defense Group of Fox, Rothschild, O'Brien el, LLP. We have developed this newsletter to keep you advised of legal developments which affect the title insurance and real estate industries on both a local and national level International Alert - Baker Hughes   In a series of related cases only recently made public, the Securities and Exchange Commission ("SEC") and the Justice Department have extended their reach to parties and circumstances not covered by previous FCPA enforcement actions. On the facts in the public record, both the Indonesian Circuit Court Review Highlighting cases from the Third   Law Firm of Pepper Hamilton LLP | Publications @import "style.css"; -- Register/Login Publications Circuit Court Review 10/05/2004 THIRD CIRCUIT CASES Antitrust (Burden to withstand motion for summary judgment in an action for horizontal price fixing) In re Flat Glass Antitrust Litigation, No. 03-2920 (Chertoff, J.) (also on panel: Nygaard, J. and McKee, J.) (Filed: September 29, 2004) The Third Circuit reversed in part a lower court s grant of summary judgment for the defendant in a class Proposed Rules on Disclosures Required by Sections 404   33-8138, 34-46701) laying out detailed rules and requirements for public company disclosures that would address whether their audit committees include financial experts, whether these companies have codes of ethics governing conduct of their senior executive officers, and specific disclosure and filing requirements relative to reports on the adequacy of companies' internal controls and procedures for financial reporting. In general, the Commission has proposed: To require public companies to 2003 Illinois Ethics Legislation: March   These bills have become Public Acts and have changed the landscape of ethical government in Illinois. Finding that the House Bill lacked "certain fundamental components" such as enforcement mechanisms, tough revolving door laws, gift ban provisions, ethics training and the regulations of inappropriate public service announcements, the Governor amendatorily vetoed the House Bill International Issues - 2002   Environmental   This newsletter is one of a number of publications produced by the Firm. For a wide selection of other such publications, please visit us online at www 02-01-01: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 02-01-01: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 03-15-05: Moran v. Murtaugh   ...requesting "a copy of the sourced public record information that the adverse decision was based upon, and the date it was accessed." On April 21, 2003, Murtaugh mailed Moran copies of the cases its associate had discovered. 53 provides broadly that, "[a]ny person who collects, assembles, evaluates, compiles, reports, transmits, transfers, or communicates information on a consumer's character, general reputation, personnel characteristics, or mode of living, for employment purposes, which are 06-01-03: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 06-01-03: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 06-30-98: Antitrust Wire   Record Penalties by DOJ for Failing to File HSR Notification, "GunJumping" Violations. Record Penalties for Failing to File and Gun-Jumping Violations Recent ing Events EU Focus on Conglomerate / Vertical Issues in Merger Review of IBM/Rational Recent Publications Supreme Court Will Not Review $1 08-01-00: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 08-01-00: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 12-01-00: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 12-01-00: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on : Markman   The Court, for example, directed trial judges to consider three primary sources in ascertaining the meaning of a patent claim: the claim language itself, the patent's specification, and the patent's administrative record in the U.S. Patent & Trademark Office, often referred to as the prosecution or file history. These documents form the public record of the patent and constitute what the Court has termed the "intrinsic" evidence of claim meaning : Farmers Insurance Exchange   ...al. (2002) ___ Cal.4th ___, 02 Cal. C.D.O.S. 468 California Supreme Court Grants and Defers Review of Decision Regarding Public Disclosure of Data Relating to Certain Automobile and Other Insurer's Sales Practices, Volumes, and Premiums. declaratory and injunctive relief against the Department of Insurance, the Insurance Commissioner (collectively "Commissioner") and others, seeking to prevent the disclosure of public records allegedly containing proprietary information relating to automobile Akin Gump: Department of Justice Issues Guideline for Sharing Heal...   DOJ's Information Exchange Coordinators will promptly provide to health plans upon request public record information, including civil settlements, criminal indictments, plea agreements and compliance agreements, and make available to affected plans periodic written summaries of enforcement actions in newsletter format and through copies of reports submitted to the Healthcare Integrity and Protection Databank (which was established by HIPAA). Also, where practicable, authorized by law, and Akin Gump: CFIUS National Security Review Creates New Uncertainty ...   Cooley Godward: Hart-Scott-Rodino Quick Reference Outline   Early Termination of Waiting Period can be requested - requests frequently granted and immediately become matter of public record. D. Confidentiality of Information Submitted: Information submitted is exempt from public inspection or disclosure Cooley Godward: SEC Regulation FD: New Rules for Communicating With Ana...   To help public companies understand and cope with the new rules, this memorandum provides a summary of the requirements of Regulation FD, its impact on dealing with analysts and some practical recommendations for compliance with the new rules. Regulation FD was issued by the SEC to prevent so-called "selective disclosure" of material non-public information to securities professionals and investors before that information has been disseminated to the general public Davis Graham & Stubbs: Restraining Orders: Taking Measures to Protect Your Emp...   Stalking covers a wide variety of conduct including, without limitation, physical contact, obscene language or gestures in a public place, following a person in a public place, communications (including by telephone) intended to harass or threaten bodily injury or property damage, and calling a person repeatedly or at inconvenient hours. The checklist need not be filed with the complaint, but it will become a part of the public record and served on the defendant if it is filed Fox Rothschild: Public Records and Amendments to the Right to Know Law   SUMMARY OF SECTIONS OF AMENDMENTS OF RIGHT TO KNOW LAW Highlights of this new law include: how verbal and written requests for records are made; the requirements for written explanations for denials; appeal rights that may follow; the award of attorneys' fees and sanctions for violations; criminal and civil penalties; immunities for officials; and fee limitations for postage, duplicating, and so on; and requirements for the preparation of written policies. Procedure for Access to Public Records Fox Rothschild: New Legislation Expands Jurisdiction of Delaware Court ...   The mediation provision is especially noteworthy because it appears to be the first of its kind in the United States and is a drastic departure from the general policy regarding the availability of court findings to the public. Although existing Court of Chancery Rule 174 allows for mediation for cases pending in the Delaware Court of Chancery, in order for that Rule to apply, a conventional lawsuit must first be filed, and generally speaking, the court filings in that lawsuit are available to Honigman Miller: EPA Environmental Appeals Board Rejects Citizens' A...   EPA issued a draft permit on April 6, 2001; issued a public notice providing for a 30-day comment period on April 26, 2001; and issued another public notice on June 20, 2001, providing for a public hearing on July 24, 2001. On July 17, 2001, EPA issued another public notice stating that an "information meeting" to discuss the permit would be held from 6 to 7 p.m. on July 24, 2001, the same date as the public hearing, and extended the public comment period until August 20, 2001 Morris: Legal and Ethical Issues in Obtaining and Sharing Infor...   MMM - Published Articles -- -- PUBLICATIONS S -- PUBLISHED ARTICLES -- -- -- PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 ) article_68. Second, there are the issues that arise when an insurer, or its agent, obtains information from public Morris: Effective Use of Limited Liability Companies in Georgia   MMM - Published Articles -- -- PUBLICATIONS S -- PUBLISHED ARTICLES -- -- -- PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ) article_22. " After publication, the Treasury continued to pursue this goal, even in the face of some criticism from the tax bar as to the authority, if not the wisdom, of the proposed changes These changes were made final, effective January 1, 1997. Historical Morris: Effective Use of Limited Liability Companies in Georgia   MMM - Published Articles -- -- PUBLICATIONS S -- PUBLISHED ARTICLES -- -- -- PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ) article_22. " After publication, the Treasury continued to pursue this goal, even in the face of some criticism from the tax bar as to the authority, if not the wisdom, of the proposed changes These changes were made final, effective January 1, 1997. Historical Perspective Prior to implementation of Morris: Effective Use of Limited Liability Companies in Georgia   MMM - Published Articles -- -- PUBLICATIONS S -- PUBLISHED ARTICLES -- -- -- PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 ) article_22. " After publication, the Treasury continued to pursue this goal, even in the face of some criticism from the tax bar as to the authority, if not the wisdom, of the proposed changes These changes were made final, effective January 1, 1997. Historical Perspective Prior to implementation of Check-the-Box, the classification Morris: Effective Use of Limited Liability Companies in Georgia   MMM - Published Articles -- -- PUBLICATIONS S -- PUBLISHED ARTICLES -- -- -- PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ) article_22. " After publication, the Treasury continued to pursue this goal, even in the face of some criticism from the tax bar as to the authority, if not the wisdom, of the proposed changes These changes were made final, effective January 1, 1997. Historical Perspective Prior to Morris: Effective Use of Limited Liability Companies in Georgia   MMM - Published Articles -- -- PUBLICATIONS S -- PUBLISHED ARTICLES -- -- -- PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 4 ) article_22. " After publication, the Treasury continued to pursue this goal, even in the face of some criticism from the tax bar as to the authority, if not the wisdom, of the proposed changes These changes were made final, effective January 1, 1997. Historical Perspective Prior to implementation of Check-the-Box, the Oblon Spivak: Looking Beyond Blazemarks on Trees -- It's Time to...   Looking Beyond Blazemarks on Trees LOOKING BEYOND BLAZEMARKS ON TREES -- IT'S TIME TO REVISIT THE DESCRIPTION REQUIREMENT IN THE WAKE OF WARNER-JENKINSON by Harris A. Pitlick[1] Now that Warner-Jenkinson[2] has highlighted the critical importance of documenting on the record in an application the reasons for a narrowing amendment, I believe it is an appropriate time to revisit the law on new matter/description requirement, since how much a claim is narrowed to avoid the prior art may very well Palmer & Dodge: Privacy Alert for Airports   Palmer & Dodge: The Changing Equity Compensation Rules - Is Your Compan...   "); document.write(""); } //dummy functions to prevent errors until real functions are loaded and in effect. //-- if(document.images){ publicationsoff.src="images/sp/publications_over. gif" //we're in this department, turn on the image } The Changing Equity Compensation Rules - Is Your Company Ready? by Arthur S. Meyers The Changing Equity Compensation Rules - Is Your Company Ready? The announcement by Microsoft this summer that it will discontinue granting stock options to its employees and Stoel Rives: Ethical Considerations in Water Resource Litigation   "Issues relating to communications with represented parties arise both for government counseland for attorneys representing clients before government agencies.. 8 1. Government CounselAs counselfor a public agency, " contact"issues often arise in either the context ofvarious required notices or agencyinvestigations. a. Official Notices In manyinstances, government counselare required to send various officialnotices to parties before the agencyinvolved. Are these communications falling within the Stoel Rives: Disqualification for Conflicts of Interest: The Year in...   The attorney they consulted told them that he could only represent one of them and directed the defendant on to the public defender's office. The Court of Appeals noted pointedly on these issues that the attorney had told the defendant at the outset that he could not represent both the defendant and his wife and, following that admonition, the defendant had sought counsel at the public defender's office as the attorney had suggested Stoel Rives: Patents: The Secret is Out - Publication of Pending U.S...   PATENTS: TH E SECRET ISOUT ­PUBLICATION OFPENDING U.S. PATENT APPLICATIONS. Som etim es an invention is notdiscernable even th ough a productth atem ploys th e invention is publicly available Stroock: Department of Labor Interim Final Rules: ERISA Blackout...   This interim final rule is published pursuant to section 306(b)(2) of the SOA in order to carry out the provisions of section 101(i) of ERISA, and to invite the public to submit comments on the interim regulation so as to obtain information as to what further guidance in this area would be helpful to plan administrators and their advisors in fulfilling their duties to provide notice of blackout periods. gov. All written comments will be available for public inspection at the Public Disclosure Vandeventer Black: Enforceability Of Arbitration Clauses in Employment Con...   Enforceability Of Arbitration Clauses in Employment Contracts Home Firm Profile Attorneys Areas of Practice News Releases Articles Publications Cases Firm Directory Links Employment Elite Webview Login June 2001 New Supreme Court Decision Confirms Enforceability of Arbitration Clauses in Employment Contracts By: Chris Ambrosio New Supreme Court Decision Confirms Enforceability of Arbitration Clauses in Employment Contracts In a controversial decision handed down March 21, 2001, the U.S. Supreme Vandeventer Black: Construction Legislation   HB 1545 Release of procurement records HB 1578 Maximum occupancy of certain dwellings. HB 1819 Perfection of lien by general contractor; recordation and notice Weil: Legislative Update   Congressional debate reveals that tax protestors and other extremists have filed fraudulent involuntary bankruptcy petitions against both public officials and private individuals as an abusive litigation tactic. Moreover, like voluntary bankruptcy filings, an involuntary filing is a matter of public record and can remain on an individual s credit report for up to 10 years, even if the filing is fraudulent and the case is dismissed by the court Weil: Changes to Czech Law Concerning Mortgages   Registration of the encumbrance will provide transparency for the general public since such encumbrances are now a matter of public record and this will in effect provide greater protection for banks and other lien creditors as they will be able to verify independently whether an ownership share in a company has been previously pledged. In case the secured debt is not paid in a timely manner when due, a lien creditor may foreclose its lien either by a sale of the collateral under court Weil: a200205   5/10/02) Florida Court of Appeals holds that email stored in government computers does not become a public record by virtue of its storage. The court held that private or personal email falls outside the definition of public records, which requires that such records be "made or received pursuant to law or ordinance." A reporter for the plaintiff requested copies of all emails sent or received by the government-owned computers used by two city employees, as part of an article concerning city "Security Interests Protect Creditors   Second, by placing the public on notice of the creditor's interest in the collateral, the creditor establishes its priority with respect to future creditors claiming an interest in the same collateral. Under the old law, the financing statement was typically filed with the secretary of state in the state where the debtor had its main office or where his or her assets were physically located, thereby creating a public record accessible by potential creditors advising them that the debtor has Health Care Industry Alert - December 17   Similar to the Maine marketing disclosure law, the information provided to the state council is not public record and will remain confidential. W.Va Bulletin 01-32   Title Insurance Law Update Volume 1   A periodic publication on the current legal issues facing the title insurance and real estate industries Volume 1, Issue 1 W i n t e r 1 9 9 9. e are pleased to provide you with the inaugural edition of Title Insurance Law Update, a publication of the Title Insurance Defense Group of Fox, Rothschild, O'Brien el, LLP. We have developed this newsletter to keep you advised of legal developments which affect the title insurance and real estate industries on both a local and national level International Alert - Baker Hughes   In a series of related cases only recently made public, the Securities and Exchange Commission ("SEC") and the Justice Department have extended their reach to parties and circumstances not covered by previous FCPA enforcement actions. On the facts in the public record, both the Indonesian Circuit Court Review Highlighting cases from the Third   Law Firm of Pepper Hamilton LLP | Publications @import "style.css"; -- Register/Login Publications Circuit Court Review 10/05/2004 THIRD CIRCUIT CASES Antitrust (Burden to withstand motion for summary judgment in an action for horizontal price fixing) In re Flat Glass Antitrust Litigation, No. 03-2920 (Chertoff, J.) (also on panel: Nygaard, J. and McKee, J.) (Filed: September 29, 2004) The Third Circuit reversed in part a lower court s grant of summary judgment for the defendant in a class Proposed Rules on Disclosures Required by Sections 404   33-8138, 34-46701) laying out detailed rules and requirements for public company disclosures that would address whether their audit committees include financial experts, whether these companies have codes of ethics governing conduct of their senior executive officers, and specific disclosure and filing requirements relative to reports on the adequacy of companies' internal controls and procedures for financial reporting. In general, the Commission has proposed: To require public companies to International Issues - 2002   Environmental   02-01-01: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 02-01-01: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 03-15-05: Moran v. Murtaugh   ...requesting "a copy of the sourced public record information that the adverse decision was based upon, and the date it was accessed." On April 21, 2003, Murtaugh mailed Moran copies of the cases its associate had discovered. 53 provides broadly that, "[a]ny person who collects, assembles, evaluates, compiles, reports, transmits, transfers, or communicates information on a consumer's character, general reputation, personnel characteristics, or mode of living, for employment purposes, which are 06-01-03: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 06-01-03: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 06-30-98: Antitrust Wire   Record Penalties by DOJ for Failing to File HSR Notification, "GunJumping" Violations. Record Penalties for Failing to File and Gun-Jumping Violations Recent ing Events EU Focus on Conglomerate / Vertical Issues in Merger Review of IBM/Rational Recent Publications Supreme Court Will Not Review $1 08-01-00: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 08-01-00: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 12-01-00: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 12-01-00: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on : Farmers Insurance Exchange   ...al. (2002) ___ Cal.4th ___, 02 Cal. C.D.O.S. 468 California Supreme Court Grants and Defers Review of Decision Regarding Public Disclosure of Data Relating to Certain Automobile and Other Insurer's Sales Practices, Volumes, and Premiums. declaratory and injunctive relief against the Department of Insurance, the Insurance Commissioner (collectively "Commissioner") and others, seeking to prevent the disclosure of public records allegedly containing proprietary information relating to automobile Akin Gump: Department of Justice Issues Guideline for Sharing Heal...   DOJ's Information Exchange Coordinators will promptly provide to health plans upon request public record information, including civil settlements, criminal indictments, plea agreements and compliance agreements, and make available to affected plans periodic written summaries of enforcement actions in newsletter format and through copies of reports submitted to the Healthcare Integrity and Protection Databank (which was established by HIPAA). Also, where practicable, authorized by law, and Akin Gump: CFIUS National Security Review Creates New Uncertainty ...   Cooley Godward: Chicago Bridge & Iron Breakup; New HSR Thresholds; New ...   It is unclear from the public record what caused the FTC not to take action in the first 30 days -- did the FTC simply miss the potential anticompetitive problem, did vociferous industry complaints emerge only after the first 30 day period, or does something else explain the unusual chronology.   Hart-Scott-Rodino Antitrust Threshold RevisionsOn January 25, 2005, the Federal Trade Commission voted 5-0 to authorize publication in the Federal Register of modifications to the HSR thresholds (both Cooley Godward: Hart-Scott-Rodino Quick Reference Outline   Early Termination of Waiting Period can be requested - requests frequently granted and immediately become matter of public record. D. Confidentiality of Information Submitted: Information submitted is exempt from public inspection or disclosure Cooley Godward: Hart-Scott-Rodino Quick Reference Outline   Early Termination of Waiting Period can be requested - requests frequently granted and immediately become matter of public record. D. Confidentiality of Information Submitted: Information submitted is exempt from public inspection or disclosure Cooley Godward: The Federal Circuit???s long-awaited en banc decision i...   Cooley Godward: SEC Regulation FD: New Rules for Communicating With Ana...   To help public companies understand and cope with the new rules, this memorandum provides a summary of the requirements of Regulation FD, its impact on dealing with analysts and some practical recommendations for compliance with the new rules. Regulation FD was issued by the SEC to prevent so-called "selective disclosure" of material non-public information to securities professionals and investors before that information has been disseminated to the general public Fox Rothschild: Public Records and Amendments to the Right to Know Law   SUMMARY OF SECTIONS OF AMENDMENTS OF RIGHT TO KNOW LAW Highlights of this new law include: how verbal and written requests for records are made; the requirements for written explanations for denials; appeal rights that may follow; the award of attorneys' fees and sanctions for violations; criminal and civil penalties; immunities for officials; and fee limitations for postage, duplicating, and so on; and requirements for the preparation of written policies. Procedure for Access to Public Records Fox Rothschild: New Legislation Expands Jurisdiction of Delaware Court ...   The mediation provision is especially noteworthy because it appears to be the first of its kind in the United States and is a drastic departure from the general policy regarding the availability of court findings to the public. Although existing Court of Chancery Rule 174 allows for mediation for cases pending in the Delaware Court of Chancery, in order for that Rule to apply, a conventional lawsuit must first be filed, and generally speaking, the court filings in that lawsuit are available to Goodwin Procter: Lawyers on Trial: Government Views Attorneys as "F...   BY RICHARD M. STRASSBERG, DAVID B. PITOFSKY AND SAMANTHA L. SCHREIBER N THE POST-ENRON WORLD, the public has become all too familiar with the names of deposed CEOs: Lay, Skilling, Ebbers, Scrushy, Kozlowski, Rigas. his "coach[ing of CA] employees on how to answer questions [from the government and outside counsel] without disclosing the existence of the 35-day month practice."8 The public documents do not further describe Mr. Woghin's "coaching"--and coaching of witnesses can take several forms Honigman Miller: EPA Environmental Appeals Board Rejects Citizens' A...   EPA issued a draft permit on April 6, 2001; issued a public notice providing for a 30-day comment period on April 26, 2001; and issued another public notice on June 20, 2001, providing for a public hearing on July 24, 2001. On July 17, 2001, EPA issued another public notice stating that an "information meeting" to discuss the permit would be held from 6 to 7 p.m. on July 24, 2001, the same date as the public hearing, and extended the public comment period until August 20, 2001 Morris: Legal and Ethical Issues in Obtaining and Sharing Infor...   MMM - Published Articles -- -- PUBLICATIONS S -- PUBLISHED ARTICLES -- -- -- PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 ) Legal and Ethical Issues in Obtaining and Sharing Information By Robert H. Myers, Jr., Esquire Morris, Manning & Martin, LLP Morris: Effective Use of Limited Liability Companies in Georgia   " After publication, the Treasury continued to pursue this goal, even in the face of some criticism from the tax bar as to the authority, if not the wisdom, of the proposed changes These changes were made final, effective January 1, 1997. Historical Perspective Prior to implementation of Check-the-Box, the classification regulations were based on the historical differences under local law between partnerships and corporations. With the onset of the LLC revolution, many states had revised their Morris: Effective Use of Limited Liability Companies in Georgia   " After publication, the Treasury continued to pursue this goal, even in the face of some criticism from the tax bar as to the authority, if not the wisdom, of the proposed changes These changes were made final, effective January 1, 1997. Historical Perspective Prior to implementation of Check-the-Box, the classification regulations were based on the historical differences under local law between partnerships and corporations. With the onset of the LLC revolution, many states had revised their Morris: Effective Use of Limited Liability Companies in Georgia   " After publication, the Treasury continued to pursue this goal, even in the face of some criticism from the tax bar as to the authority, if not the wisdom, of the proposed changes These changes were made final, effective January 1, 1997. Historical Perspective Prior to implementation of Check-the-Box, the classification regulations were based on the historical differences under local law between partnerships and corporations. With the onset of the LLC revolution, many states had revised their Morris: Effective Use of Limited Liability Companies in Georgia   " After publication, the Treasury continued to pursue this goal, even in the face of some criticism from the tax bar as to the authority, if not the wisdom, of the proposed changes These changes were made final, effective January 1, 1997. Historical Perspective Prior to implementation of Check-the-Box, the classification regulations were based on the historical differences under local law between partnerships and corporations. With the onset of the LLC revolution, many states had revised their Morris: Effective Use of Limited Liability Companies in Georgia   " After publication, the Treasury continued to pursue this goal, even in the face of some criticism from the tax bar as to the authority, if not the wisdom, of the proposed changes These changes were made final, effective January 1, 1997. Historical Perspective Prior to implementation of Check-the-Box, the classification regulations were based on the historical differences under local law between partnerships and corporations. With the onset of the LLC revolution, many states had revised their Oblon Spivak: Looking Beyond Blazemarks on Trees -- It's Time to...   Looking Beyond Blazemarks on Trees LOOKING BEYOND BLAZEMARKS ON TREES -- IT'S TIME TO REVISIT THE DESCRIPTION REQUIREMENT IN THE WAKE OF WARNER-JENKINSON by Harris A. Pitlick[1] Now that Warner-Jenkinson[2] has highlighted the critical importance of documenting on the record in an application the reasons for a narrowing amendment, I believe it is an appropriate time to revisit the law on new matter/description requirement, since how much a claim is narrowed to avoid the prior art may very well Palmer & Dodge: Privacy Alert for Airports   Palmer & Dodge: The Changing Equity Compensation Rules - Is Your Compan...   "); document.write(""); } //dummy functions to prevent errors until real functions are loaded and in effect. //-- if(document.images){ publicationsoff.src="images/sp/publications_over. gif" //we're in this department, turn on the image } The Changing Equity Compensation Rules - Is Your Company Ready? by Arthur S. Meyers The Changing Equity Compensation Rules - Is Your Company Ready? The announcement by Microsoft this summer that it will discontinue granting stock options to its employees and Stoel Rives: Patents: The Secret is Out - Publication of Pending U.S...   PATENTS: TH E SECRET ISOUT ­PUBLICATION OFPENDING U.S. PATENT APPLICATIONS. Som etim es an invention is notdiscernable even th ough a productth atem ploys th e invention is publicly available Stroock: Department of Labor Interim Final Rules: ERISA Blackout...   This interim final rule is published pursuant to section 306(b)(2) of the SOA in order to carry out the provisions of section 101(i) of ERISA, and to invite the public to submit comments on the interim regulation so as to obtain information as to what further guidance in this area would be helpful to plan administrators and their advisors in fulfilling their duties to provide notice of blackout periods. gov. All written comments will be available for public inspection at the Public Disclosure Vandeventer Black: Enforceability Of Arbitration Clauses in Employment Con...   Enforceability Of Arbitration Clauses in Employment Contracts Home Firm Profile Attorneys Areas of Practice News Releases Articles Publications Cases Firm Directory Links Employment Elite Webview Login June 2001 New Supreme Court Decision Confirms Enforceability of Arbitration Clauses in Employment Contracts By: Chris Ambrosio New Supreme Court Decision Confirms Enforceability of Arbitration Clauses in Employment Contracts In a controversial decision handed down March 21, 2001, the U.S. Supreme Vandeventer Black: Construction Legislation   HB 1545 Release of procurement records HB 1578 Maximum occupancy of certain dwellings. HB 1819 Perfection of lien by general contractor; recordation and notice Weil: Legislative Update   Congressional debate reveals that tax protestors and other extremists have filed fraudulent involuntary bankruptcy petitions against both public officials and private individuals as an abusive litigation tactic. Moreover, like voluntary bankruptcy filings, an involuntary filing is a matter of public record and can remain on an individual s credit report for up to 10 years, even if the filing is fraudulent and the case is dismissed by the court Weil: Changes to Czech Law Concerning Mortgages   Registration of the encumbrance will provide transparency for the general public since such encumbrances are now a matter of public record and this will in effect provide greater protection for banks and other lien creditors as they will be able to verify independently whether an ownership share in a company has been previously pledged. In case the secured debt is not paid in a timely manner when due, a lien creditor may foreclose its lien either by a sale of the collateral under court Weil: a200205   5/10/02) Florida Court of Appeals holds that email stored in government computers does not become a public record by virtue of its storage. The court held that private or personal email falls outside the definition of public records, which requires that such records be "made or received pursuant to law or ordinance." A reporter for the plaintiff requested copies of all emails sent or received by the government-owned computers used by two city employees, as part of an article concerning city "Security Interests Protect Creditors   Second, by placing the public on notice of the creditor's interest in the collateral, the creditor establishes its priority with respect to future creditors claiming an interest in the same collateral. Under the old law, the financing statement was typically filed with the secretary of state in the state where the debtor had its main office or where his or her assets were physically located, thereby creating a public record accessible by potential creditors advising them that the debtor has Health Care Industry Alert - December 17   Similar to the Maine marketing disclosure law, the information provided to the state council is not public record and will remain confidential. W.Va Bulletin 01-32   ...jpg'); < Click here for a quick firm overview Pillsbury Broadens Washington Experience with Six Veteran Public Policy Attorneys more. Pillsbury Winthrop Shaw Pittman Adds New York Litigation Partner more Title Insurance Law Update Volume 1   A periodic publication on the current legal issues facing the title insurance and real estate industries Volume 1, Issue 1 W i n t e r 1 9 9 9. e are pleased to provide you with the inaugural edition of Title Insurance Law Update, a publication of the Title Insurance Defense Group of Fox, Rothschild, O'Brien el, LLP. We have developed this newsletter to keep you advised of legal developments which affect the title insurance and real estate industries on both a local and national level June 22   Important to lenders which would now be exempt from the automatic stay if the loan is made without knowledge of a bankruptcy is not yet a matter of public record and insures that the lender is a "good faith purchaser" so as not to lose rights in a post-petition transfer of the property. Deadline for Recording Deeds of Trust: If a Deed of Trust, Mortgage or Financing Statement is not recorded within 30 days, the document could be voided by the trustee International Alert - Baker Hughes   Circuit Court Review Highlighting cases from the Third   Law Firm of Pepper Hamilton LLP | Publications @import "style.css"; -- Register/Login Publications Circuit Court Review 10/05/2004 THIRD CIRCUIT CASES Antitrust (Burden to withstand motion for summary judgment in an action for horizontal price fixing) In re Flat Glass Antitrust Litigation, No. 03-2920 (Chertoff, J.) (also on panel: Nygaard, J. and McKee, J.) (Filed: September 29, 2004) The Third Circuit reversed in part a lower court s grant of summary judgment for the defendant in a class Proposed Rules on Disclosures Required by Sections 404   33-8138, 34-46701) laying out detailed rules and requirements for public company disclosures that would address whether their audit committees include financial experts, whether these companies have codes of ethics governing conduct of their senior executive officers, and specific disclosure and filing requirements relative to reports on the adequacy of companies' internal controls and procedures for financial reporting. In general, the Commission has proposed: To require public companies to Environmental   02-01-01: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 02-01-01: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 03-15-05: Moran v. Murtaugh   ...requesting "a copy of the sourced public record information that the adverse decision was based upon, and the date it was accessed." On April 21, 2003, Murtaugh mailed Moran copies of the cases its associate had discovered. 53 provides broadly that, "[a]ny person who collects, assembles, evaluates, compiles, reports, transmits, transfers, or communicates information on a consumer's character, general reputation, personnel characteristics, or mode of living, for employment purposes, which are 06-01-03: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 06-01-03: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 06-30-98: Antitrust Wire   Record Penalties by DOJ for Failing to File HSR Notification, "GunJumping" Violations. Record Penalties for Failing to File and Gun-Jumping Violations Recent ing Events EU Focus on Conglomerate / Vertical Issues in Merger Review of IBM/Rational Recent Publications Supreme Court Will Not Review $1 08-01-00: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 08-01-00: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 12-01-00: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on 12-01-00: IP Update   ...src = "/images/nav_events_on.gif"; publications_off = new Image(); publications_off. src = "/images/nav_publications_on.gif"; publications_on = new Image(); publications_on : Farmers Insurance Exchange   ...al. (2002) ___ Cal.4th ___, 02 Cal. C.D.O.S. 468 California Supreme Court Grants and Defers Review of Decision Regarding Public Disclosure of Data Relating to Certain Automobile and Other Insurer's Sales Practices, Volumes, and Premiums. declaratory and injunctive relief against the Department of Insurance, the Insurance Commissioner (collectively "Commissioner") and others, seeking to prevent the disclosure of public records allegedly containing proprietary information relating to automobile Akin Gump: Department of Justice Issues Guideline for Sharing Heal...   DOJ's Information Exchange Coordinators will promptly provide to health plans upon request public record information, including civil settlements, criminal indictments, plea agreements and compliance agreements, and make available to affected plans periodic written summaries of enforcement actions in newsletter format and through copies of reports submitted to the Healthcare Integrity and Protection Databank (which was established by HIPAA). Also, where practicable, authorized by law, and Akin Gump: CFIUS National Security Review Creates New Uncertainty ...   Cooley Godward: Chicago Bridge & Iron Breakup; New HSR Thresholds; New ...   It is unclear from the public record what caused the FTC not to take action in the first 30 days -- did the FTC simply miss the potential anticompetitive problem, did vociferous industry complaints emerge only after the first 30 day period, or does something else explain the unusual chronology.   Hart-Scott-Rodino Antitrust Threshold RevisionsOn January 25, 2005, the Federal Trade Commission voted 5-0 to authorize publication in the Federal Register of modifications to the HSR thresholds (both Cooley Godward: The Federal Circuit???s long-awaited en banc decision i...   Cooley Godward: Hart-Scott-Rodino Quick Reference Outline   Early Termination of Waiting Period can be requested - requests frequently granted and immediately become matter of public record. D. Confidentiality of Information Submitted: Information submitted is exempt from public inspection or disclosure Cooley Godward: Hart-Scott-Rodino Quick Reference Outline   Early Termination of Waiting Period can be requested - requests frequently granted and immediately become matter of public record. D. Confidentiality of Information Submitted: Information submitted is exempt from public inspection or disclosure Cooley Godward: SEC Regulation FD: New Rules for Communicating With Ana...   To help public companies understand and cope with the new rules, this memorandum provides a summary of the requirements of Regulation FD, its impact on dealing with analysts and some practical recommendations for compliance with the new rules. Regulation FD was issued by the SEC to prevent so-called "selective disclosure" of material non-public information to securities professionals and investors before that information has been disseminated to the general public Fox Rothschild: Public Records and Amendments to the Right to Know Law   SUMMARY OF SECTIONS OF AMENDMENTS OF RIGHT TO KNOW LAW Highlights of this new law include: how verbal and written requests for records are made; the requirements for written explanations for denials; appeal rights that may follow; the award of attorneys' fees and sanctions for violations; criminal and civil penalties; immunities for officials; and fee limitations for postage, duplicating, and so on; and requirements for the preparation of written policies. Procedure for Access to Public Records Fox Rothschild: New Legislation Expands Jurisdiction of Delaware Court ...   The mediation provision is especially noteworthy because it appears to be the first of its kind in the United States and is a drastic departure from the general policy regarding the availability of court findings to the public. Although existing Court of Chancery Rule 174 allows for mediation for cases pending in the Delaware Court of Chancery, in order for that Rule to apply, a conventional lawsuit must first be filed, and generally speaking, the court filings in that lawsuit are available to Goodwin Procter: Lawyers on Trial: Government Views Attorneys as "F...   BY RICHARD M. STRASSBERG, DAVID B. PITOFSKY AND SAMANTHA L. SCHREIBER N THE POST-ENRON WORLD, the public has become all too familiar with the names of deposed CEOs: Lay, Skilling, Ebbers, Scrushy, Kozlowski, Rigas. his "coach[ing of CA] employees on how to answer questions [from the government and outside counsel] without disclosing the existence of the 35-day month practice."8 The public documents do not further describe Mr. Woghin's "coaching"--and coaching of witnesses can take several forms Honigman Miller: EPA Environmental Appeals Board Rejects Citizens' A...   EPA issued a draft permit on April 6, 2001; issued a public notice providing for a 30-day comment period on April 26, 2001; and issued another public notice on June 20, 2001, providing for a public hearing on July 24, 2001. On July 17, 2001, EPA issued another public notice stating that an "information meeting" to discuss the permit would be held from 6 to 7 p.m. on July 24, 2001, the same date as the public hearing, and extended the public comment period until August 20, 2001 Morris: Legal and Ethical Issues in Obtaining and Sharing Infor...   MMM - Published Articles -- -- PUBLICATIONS S -- PUBLISHED ARTICLES -- -- -- PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 ) Legal and Ethical Issues in Obtaining and Sharing Information By Robert H. Myers, Jr., Esquire Morris, Manning & Martin, LLP Morris: Effective Use of Limited Liability Companies in Georgia   " After publication, the Treasury continued to pursue this goal, even in the face of some criticism from the tax bar as to the authority, if not the wisdom, of the proposed changes These changes were made final, effective January 1, 1997. Historical Perspective Prior to implementation of Check-the-Box, the classification regulations were based on the historical differences under local law between partnerships and corporations. With the onset of the LLC revolution, many states had revised their Morris: Effective Use of Limited Liability Companies in Georgia   " After publication, the Treasury continued to pursue this goal, even in the face of some criticism from the tax bar as to the authority, if not the wisdom, of the proposed changes These changes were made final, effective January 1, 1997. Historical Perspective Prior to implementation of Check-the-Box, the classification regulations were based on the historical differences under local law between partnerships and corporations. With the onset of the LLC revolution, many states had revised their Morris: Effective Use of Limited Liability Companies in Georgia   " After publication, the Treasury continued to pursue this goal, even in the face of some criticism from the tax bar as to the authority, if not the wisdom, of the proposed changes These changes were made final, effective January 1, 1997. Historical Perspective Prior to implementation of Check-the-Box, the classification regulations were based on the historical differences under local law between partnerships and corporations. With the onset of the LLC revolution, many states had revised their O'Melveny & Myers: Article on AB 1068 (PDF)   This publication is intended for informational purposes only and is not intended as legal advice or as a substitute for legal consultation in a particular case or circumstance. 53 now only applies to "matters of public record."34 The statute defines "public records" to mean "records documenting an arrest, indictment, conviction, civil judicial action, tax lien, or outstanding judgment."35 This means that employers generally need not worry about the application of the California Investigative Oblon Spivak: Looking Beyond Blazemarks on Trees -- It's Time to...   Looking Beyond Blazemarks on Trees LOOKING BEYOND BLAZEMARKS ON TREES -- IT'S TIME TO REVISIT THE DESCRIPTION REQUIREMENT IN THE WAKE OF WARNER-JENKINSON by Harris A. Pitlick[1] Now that Warner-Jenkinson[2] has highlighted the critical importance of documenting on the record in an application the reasons for a narrowing amendment, I believe it is an appropriate time to revisit the law on new matter/description requirement, since how much a claim is narrowed to avoid the prior art may very well Palmer & Dodge: Privacy Alert for Airports   Palmer & Dodge: The Changing Equity Compensation Rules - Is Your Compan...   Vandeventer Black: Enforceability Of Arbitration Clauses in Employment Con...   Enforceability Of Arbitration Clauses in Employment Contracts Home Firm Profile Attorneys Areas of Practice News Releases Articles Publications Cases Firm Directory Links Employment Elite Webview Login June 2001 New Supreme Court Decision Confirms Enforceability of Arbitration Clauses in Employment Contracts By: Chris Ambrosio New Supreme Court Decision Confirms Enforceability of Arbitration Clauses in Employment Contracts In a controversial decision handed down March 21, 2001, the U.S. Supreme Vandeventer Black: Construction Legislation   HB 1545 Release of procurement records HB 1578 Maximum occupancy of certain dwellings. HB 1819 Perfection of lien by general contractor; recordation and notice "Security Interests Protect Creditors   Second, by placing the public on notice of the creditor's interest in the collateral, the creditor establishes its priority with respect to future creditors claiming an interest in the same collateral. Under the old law, the financing statement was typically filed with the secretary of state in the state where the debtor had its main office or where his or her assets were physically located, thereby creating a public record accessible by potential creditors advising them that the debtor has Health Care Industry Alert - December 17   Similar to the Maine marketing disclosure law, the information provided to the state council is not public record and will remain confidential. W.Va Bulletin 01-32   Environmental Fourth Quarter 2001; Volume 10   ...src = "/images/Menu/Professionals_off.gif"; offImageArray["Tab-Publications"] = new Image(); offImageArray["Tab-Publications". src = "/images/Menu/Publications_off.gif"; offImageArray["Tab-PressRoom"] = new Image(); offImageArray["Tab-PressRoom" Circuit Court Review Highlighting cases from the Third   Law Firm of Pepper Hamilton LLP | Publications @import "style_new.css"; -- Register/Login Publications Circuit Court Review 10/05/2004 THIRD CIRCUIT CASES Antitrust (Burden to withstand motion for summary judgment in an action for horizontal price fixing) In re Flat Glass Antitrust Litigation, No. 03-2920 (Chertoff, J.) (also on panel: Nygaard, J. and McKee, J.) (Filed: September 29, 2004) The Third Circuit reversed in part a lower court s grant of summary judgment for the defendant in a class Environmental   02-01-01: IP Update   The Federal Circuit refused to consider the attorney s declaration, because it was not part of the "public record" (i. Defendant JPR, an entity registered under the laws of the Dominican Republic, registered the domain name casinoalitalia 02-01-01: IP Update   The Federal Circuit refused to consider the attorney s declaration, because it was not part of the "public record" (i. Defendant JPR, an entity registered under the laws of the Dominican Republic, registered the domain name casinoalitalia 03-15-05: Moran v. Murtaugh   ...requesting "a copy of the sourced public record information that the adverse decision was based upon, and the date it was accessed." On April 21, 2003, Murtaugh mailed Moran copies of the cases its associate had discovered. 53 provides broadly that, "[a]ny person who collects, assembles, evaluates, compiles, reports, transmits, transfers, or communicates information on a consumer's character, general reputation, personnel characteristics, or mode of living, for employment purposes, which are 06-01-03: IP Update   Relying on a mea culpa declaration from its patent lawyer, Pioneer Magnetics argued that adding the switching limitation was through "inadvertence." The Federal Circuit rejected this evidence because it was not part of the public record of the patent. Practice Note: Only the public record counts 06-01-03: IP Update   Relying on a mea culpa declaration from its patent lawyer, Pioneer Magnetics argued that adding the switching limitation was through "inadvertence." The Federal Circuit rejected this evidence because it was not part of the public record of the patent. Practice Note: Only the public record counts 06-30-98: Antitrust Wire   Record Penalties by DOJ for Failing to File HSR Notification, "GunJumping" Violations. Record Penalties for Failing to File and Gun-Jumping Violations Recent ing Events EU Focus on Conglomerate / Vertical Issues in Merger Review of IBM/Rational Recent Publications Supreme Court Will Not Review $1 08-01-00: IP Update   In remanding the case, the Second Circuit noted that although the District Court did not find evidence of point-of-sale confusion, it should consider the issue of post-sale confusion among the general public where the knock-off may be perceived as the genuine article. Regarding prosecution history estoppel, the record showed that during prosecution Friskars amended the claims to change the term "cutting blade" to "carriage assembly." Hunt argued this was done to avoid prior art cited by the 08-01-00: IP Update   In remanding the case, the Second Circuit noted that although the District Court did not find evidence of point-of-sale confusion, it should consider the issue of post-sale confusion among the general public where the knock-off may be perceived as the genuine article. Regarding prosecution history estoppel, the record showed that during prosecution Friskars amended the claims to change the term "cutting blade" to "carriage assembly." Hunt argued this was done to avoid prior art cited by the 12-01-00: IP Update   12-01-00: IP Update   : Farmers Insurance Exchange   ...al. (2002) ___ Cal.4th ___, 02 Cal. C.D.O.S. 468 California Supreme Court Grants and Defers Review of Decision Regarding Public Disclosure of Data Relating to Certain Automobile and Other Insurer's Sales Practices, Volumes, and Premiums. declaratory and injunctive relief against the Department of Insurance, the Insurance Commissioner (collectively "Commissioner") and others, seeking to prevent the disclosure of public records allegedly containing proprietary information relating to automobile Akin Gump: Department of Justice Issues Guideline for Sharing Heal...   DOJ's Information Exchange Coordinators will promptly provide to health plans upon request public record information, including civil settlements, criminal indictments, plea agreements and compliance agreements, and make available to affected plans periodic written summaries of enforcement actions in newsletter format and through copies of reports submitted to the Healthcare Integrity and Protection Databank (which was established by HIPAA). Also, where practicable, authorized by law, and Akin Gump: CFIUS National Security Review Creates New Uncertainty ...   Cooley Godward: Hart-Scott-Rodino Quick Reference Outline   Cooley Godward Kronish LLP | News cations | Cooley Alerts | Hart-Scott Rodino Quick Reference Outline Advanced Search Search Help Cooley Alerts Recent HeadlinesAnnual ReviewsCooley AlertsAlerts Sign UpIn The NewsPress ReleasesCooley Publications Emily Foley-- Ashley Kanigher 02/01/01Hart-Scott Rodino Quick Reference OutlineFederal antitrust law requires prior notification to federal antitrust agencies of many prospective acquisitions before the transactions may be closed. Early Termination of Cooley Godward: Hart-Scott-Rodino Quick Reference Outline   Cooley Godward Kronish LLP | News cations | Cooley Alerts | Hart-Scott Rodino Quick Reference Outline Advanced Search Search Help Cooley Alerts Recent HeadlinesAnnual ReviewsCooley AlertsAlerts Sign UpIn The NewsPress ReleasesCooley Publications Emily Foley-- Ashley Kanigher 02/01/01Hart-Scott Rodino Quick Reference OutlineFederal antitrust law requires prior notification to federal antitrust agencies of many prospective acquisitions before the transactions may be closed. Early Termination of Cooley Godward: SEC Regulation FD: New Rules for Communicating With Ana...   Cooley Godward Kronish LLP | News cations | Cooley Alerts | SEC Regulation FD: New Rules for Communicating With Analysts and Investors Advanced Search Search Help Cooley Alerts Recent HeadlinesAnnual ReviewsCooley AlertsAlerts Sign UpIn The NewsPress ReleasesCooley Publications Emily Foley-- Ashley Kanigher 10/01/00SEC Regulation FD: New Rules for Communicating With Analysts and InvestorsThe Securities and Exchange Commission recently issued new rules, Regulation FD, which affect the way public Honigman Miller: EPA Environmental Appeals Board Rejects Citizens' A...   EPA issued a draft permit on April 6, 2001; issued a public notice providing for a 30-day comment period on April 26, 2001; and issued another public notice on June 20, 2001, providing for a public hearing on July 24, 2001. On July 17, 2001, EPA issued another public notice stating that an "information meeting" to discuss the permit would be held from 6 to 7 p.m. on July 24, 2001, the same date as the public hearing, and extended the public comment period until August 20, 2001 Morris: Legal and Ethical Issues in Obtaining and Sharing Infor...   MMM - Published Articles -- -- PUBLICATIONS S -- PUBLISHED ARTICLES -- -- -- PUBLISHED WORKS MMM NEWS RELEASES MMM EVENT CALENDAR PRESS INQUIRIES Articles: (1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 ) Legal and Ethical Issues in Obtaining and Sharing Information By Robert H. Myers, Jr., Esquire Morris, Manning & Martin, LLP rhm@mmmlaw. Second, there Morris: Effective Use of Limited Liability Companies in Georgia   " After publication, the Treasury continued to pursue this goal, even in the face of some criticism from the tax bar as to the authority, if not the wisdom, of the proposed changes These changes were made final, effective January 1, 1997. Historical Perspective Prior to implementation of Check-the-Box, the classification regulations were based on the historical differences under local law between partnerships and corporations. With the onset of the LLC revolution, many states had revised their Morris: Effective Use of Limited Liability Companies in Georgia   " After publication, the Treasury continued to pursue this goal, even in the face of some criticism from the tax bar as to the authority, if not the wisdom, of the proposed changes These changes were made final, effective January 1, 1997. Historical Perspective Prior to implementation of Check-the-Box, the classification regulations were based on the historical differences under local law between partnerships and corporations. With the onset of the LLC revolution, many states had revised their Morris: Effective Use of Limited Liability Companies in Georgia   " After publication, the Treasury continued to pursue this goal, even in the face of some criticism from the tax bar as to the authority, if not the wisdom, of the proposed changes These changes were made final, effective January 1, 1997. Historical Perspective Prior to implementation of Check-the-Box, the classification regulations were based on the historical differences under local law between partnerships and corporations. With the onset of the LLC revolution, many states had revised their Morris: Effective Use of Limited Liability Companies in Georgia   " After publication, the Treasury continued to pursue this goal, even in the face of some criticism from the tax bar as to the authority, if not the wisdom, of the proposed changes These changes were made final, effective January 1, 1997. Historical Perspective Prior to implementation of Check-the-Box, the classification regulations were based on the historical differences under local law between partnerships and corporations. With the onset of the LLC revolution, many states had revised their Morris: Effective Use of Limited Liability Companies in Georgia   " After publication, the Treasury continued to pursue this goal, even in the face of some criticism from the tax bar as to the authority, if not the wisdom, of the proposed changes These changes were made final, effective January 1, 1997. Historical Perspective Prior to implementation of Check-the-Box, the classification regulations were based on the historical differences under local law between partnerships and corporations. With the onset of the LLC revolution, many states had revised their O'Melveny & Myers: Article on AB 1068 (PDF)   This publication is intended for informational purposes only and is not intended as legal advice or as a substitute for legal consultation in a particular case or circumstance. 53 now only applies to "matters of public record."34 The statute defines "public records" to mean "records documenting an arrest, indictment, conviction, civil judicial action, tax lien, or outstanding judgment."35 This means that employers generally need not worry about the application of the California Investigative Oblon Spivak: Looking Beyond Blazemarks on Trees -- It's Time to...   Looking Beyond Blazemarks on Trees LOOKING BEYOND BLAZEMARKS ON TREES -- IT'S TIME TO REVISIT THE DESCRIPTION REQUIREMENT IN THE WAKE OF WARNER-JENKINSON by Harris A. Pitlick[1] Now that Warner-Jenkinson[2] has highlighted the critical importance of documenting on the record in an application the reasons for a narrowing amendment, I believe it is an appropriate time to revisit the law on new matter/description requirement, since how much a claim is narrowed to avoid the prior art may very well Stroock: Department of Labor Interim Final Rules: ERISA Blackout...   This interim final rule is published pursuant to section 306(b)(2) of the SOA in order to carry out the provisions of section 101(i) of ERISA, and to invite the public to submit comments on the interim regulation so as to obtain information as to what further guidance in this area would be helpful to plan administrators and their advisors in fulfilling their duties to provide notice of blackout periods. gov. All written comments will be available for public inspection at the Public Disclosure Troutman Sanders: Annual Survey of Virginia Law: Article: Administrative ...   The authors wish to thank publicly John Barden and Gail Zwirner of the University of Richmond's Muse Law Library for their generous and expert assistance in the preparation of this article. Virginia's FOIA establishes general rights of access to government records and meetings along with concomitant government duties of disclosure and admittance, and then provides numerous exclusions Weil: Legislative Update   Congressional debate reveals that tax protestors and other extremists have filed fraudulent involuntary bankruptcy petitions against both public officials and private individuals as an abusive litigation tactic. Moreover, like voluntary bankruptcy filings, an involuntary filing is a matter of public record and can remain on an individual s credit report for up to 10 years, even if the filing is fraudulent and the case is dismissed by the court Weil: Changes to Czech Law Concerning Mortgages   Registration of the encumbrance will provide transparency for the general public since such encumbrances are now a matter of public record and this will in effect provide greater protection for banks and other lien creditors as they will be able to verify independently whether an ownership share in a company has been previously pledged. In case the secured debt is not paid in a timely manner when due, a lien creditor may foreclose its lien either by a sale of the collateral under court Weil: a200205   5/10/02) Florida Court of Appeals holds that email stored in government computers does not become a public record by virtue of its storage. The court held that private or personal email falls outside the definition of public records, which requires that such records be "made or received pursuant to law or ordinance." A reporter for the plaintiff requested copies of all emails sent or received by the government-owned computers used by two city employees, as part of an article concerning city Want Alerts, Online Saving Options, Publishing Capabilities, and More? Check out LawKT Premium. [ Terms Of Use | Privacy | Disclaimer ] © 1998-2004 SurfWax, Inc. All rights reserved. Patents pending.

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