Free White Papers for Corporate Professionals

Recent Developments in Labor and Employment Law – 2012 NEW!

By Les A. Schneider, J. Larry Stine, and James W. Wimberly, Jr.
A discussion of the recent developments in labor and employment law from leave policies to privacy to OSHA recordkeeping obligations.

Doing Business in Turkey NEW!

By Alan S. Gutterman and Robert L. Brown
Commentators have lauded the economic, political and social progress that Turkey has made over the last decade.

Whistleblower Incentives and Protections Under the Dodd-Frank Wall Street Reform and Consumer Protection Act NEW!

By H. Lowell Brown, a former Assistant U.S. Attorney currently practicing in corporate compliance, internal investigations, and white-collar criminal defense. Mr. Brown has authored Bribery in International Commerce based on the Foreign Corrupt Practices Act, and co-authored White Collar Crime: RICO.

This white paper analyzes two very significant provisions of the Dodd-Frank Act concerning "whistleblowers" that report violations of federal securities laws to the SEC or other law enforcement agencies. First, the establishment of a federal cause of action that can lead to reinstatement of lost employment, an award of up to twice the back pay, and compensation for litigation costs. Second, the SEC receives 10-30% of the funds collected from monetary sanctions imposed by the Commission in excess of $1M. The white paper covers the provisions' incentives and protections, of which the final rules were promulgated on May 25, 2011.

Here To Help – ITC § 337 NEW!

By Amanda V. Dwight and James E. Hawes
A discussion of the process, benefits, and possible pitfalls, of using ITC 337 actions to enforce and protect IP rights against imported infringing goods.

Current Trends in Securities Litigation: How Companies and Counsel Should Respond NEW!

Understand the current trends in securities litigation by understanding this area of law and its developments over the last forty years. Read about key decisions relating to securities law litigation and gain a deeper knowledge of the primary legislative authority in this area of law.

An In-house Counsel's Guide to e-Discovery

By Laura M. Kibbe, Litigation Consulting Services. Ms. Kibbe was named as one of four trailblazers of 2006 in electronic data discovery by Corporate Counsel and was the recipient of the Corporate Counsel Magazine's 2007 Most Innovative In-House Counsel Award for her work in building Pfizer's e-discovery program. She also serves as co-chair of the West Legal Works Electronic Discovery and Records Retention Conference as well as several other Electronic Discovery Boards.

There are numerous best practices treatises and articles that outline the case law requirements, the tools that can be utilized and the overall architecture of an e-discovery program. And good as all of these are, what seems to be missing is the practical application of all those great principles to a profit-making entity. This white paper provides practical guidance on how you might go about developing such a program INSIDE the company firewall and live to talk about it.

Multidistrict Litigation: Using the Judicial Panel on Multdistrict Litigation to Manage Complex Cases

By David F. Herr, Maslon Edelman Borman & Brand, LLP and West Key Author Many corporate counsel learn of the Judicial Panel on Multidistrict only after learning that an adversary is seeking to have a group of cases transferred to a distant, possibly unfavorable forum. A more proactive approach to the Panel—using the Panel as a tool in the litigation arsenal—makes more sense, and may produce a useful result. This white paper discusses the basics of how the Panel works, the types of cases it deals with, and how it can be used.

High-Profile Litigation

By Christopher P. Bogart, CEO, Churchill Ventures, Ltd. and West Key Author, and Robert D. Joffe, Partner, Cravath, Swaine & Moore LLP, and West Key Author
Bill Gates may have avoided the breakup of Microsoft® (a win!), but the public perception of him and his company has been forever altered by his deposition performance. High-profile litigation involves more in the way of long-term thinking about what will happen when the case is over, with regard to long-term business strategies, shareholder/investor relations, and public relations.

Musical Sampling

By James G. Sammataro, Entertainment Group at Akerman Senterfitt, and West Key Author
The law lagged several years behind the modern surge of musical sampling. Hip-hop artists in the 1980s blissfully exploited emerging digital tools without stirring record label lawyers to action. But by the early 90s, massive commercial success inspired the law to evolve. Workable yet unsettled, sampling law now includes a harsh admonition to all would-be "playas": "Get a license or don't sample." Refinements await.

A Sea of Unanswered Questions Spawned by the Wake of In re Seagate

By Robert A. Matthews, Jr., Mayberry & Matthews Intellectual Property Law, LLP, and West Key Author
Seagate overruled the fundamental standard on which the Federal Circuit had built 25 years of legal precedent for how it determines willful infringement, but raises many questions. After summarizing the court's rulings and rationale in Seagate, this paper identifies and explores some of the many unanswered questions left by the adoption of the new standard, and considers the role of opinions of counsel in the post-Seagate world.

Section 1031 Tax Deferred Exchanges

By Mary B. Foster, 1031 Services, Inc. and West Key Author
A tax-deferred exchange is an invaluable tool in a business's overall tax strategy that can result in tremendous savings because federal tax rates on the gain from the sale of business assets range from 15% for sole proprietors up to 35% for publicly held corporations. Each business should understand not only basic exchanges, but also the many other areas where a properly structured exchange can save substantial tax dollars

The Fiduciary Exception to the Attorney-Client Privilege

By FREDERICK A. BRODIE. Mr. Brodie, a West Key Author, is a partner at Pillsbury Winthrop Shaw Pittman LLP in New York, NY. Mr. Brodie's practice covers a broad spectrum of commercial matters, including ERISA and employee benefits cases, state and federal appeals, contract disputes and class actions.

KENNETH A. NEWBY is a senior associate at Pillsbury Winthrop Shaw Pittman LLP in New York, NY. Mr. Newby has a wide range of experience in the federal and state courts, as well as in international arbitrations.

This white paper examines the fiduciary exception as it has developed under the Employee Retirement Income Security Act of 1974, as amended (ERISA) and in a variety of other contexts. It provides practical tips for attorneys representing fiduciary clients who desire to preserve the confidentiality of their attorney-client communications.

The Billion-Dollar Battle Between Viacom and Google: Commercialization of User-Generated Content and Copyright Protections Afforded to Parody

By Rodney A. Smolla, Dean, Washington and Lee School of Law and West Key Author
What do George Orwell, the Super Bowl, Apple Computers, YouTube, Google, Viacom, Hillary Clinton, Barack Obama, Jerry Falwell, Larry Flynt and Roy Orbison have in common? All are part of a story that's small in itself, but epic in its implications about the worldwide revolutionary war now being waged over the ownership of IP in modern cyber-society. The stakes are enormous.

Geographical Indications in the Trademark Arena

By Mary M. Squyres, International Trademark Practice Group at Brinks and West Key Author
One of the most divisive issues in the trademark arena is that of geographical names and designations, also known as geographical indications (GIs). Concepts vary as to how to protect GIs and how broad that scope of protection should be. To further complicate the issue, the controversy is not only global in scope, but it is also regional and national.

The New Executive Compensation Rules: A Review and Analysis

By Samuel Wolff, Partner, Akin, Gump, Strauss, Hauer & Feld LLP and West Key Author
The SEC voted on July 26, 2006 to adopt changes to the rules governing disclosure of executive compensation. It is an issue that is of great interest to investors, issuers, executive officers and directors, and is likely to generate increased press coverage and political attention. This white paper provides a review and analysis of the new rules.

Product Counterfeiting and Piracy: Implicating Trade and Border Enforcement

The increasing complexity of cross-border trade in infringing goods may require a reconsideration of the structure of the border enforcement agency. An effective IPR border enforcement system will have to combine aspects of traditional customs, criminal law enforcement authority, and administrative decisions on the merits of infringement.

Significant Provisions of the Pension Protection Act of 2006

By Neal A. Mancoff, Partner, Schiff Hardin LLP and West Key Author
The Pension Protection Act of 2006 was enacted into law on August 17, 2006. Much of it reforms the funding rules for single employer and multi-employer defined benefit pension plans. The Act also deals with cash balance plans, automatic 401(k) plan enrollment, investment advice, and participant disclosure. This white paper provides insight and guidance on 17 significant provisions of the Act, which become effective in 2007 or later.

Duties and Liabilities of Trustees, Board Members and Officers of Nonprofit Organizations

By Marilyn Phelan, BA, MBA, JD, Ph.D., Paul Whitfield Horn Professor of Law, Texas Tech University School of Law and West Key Author
As the public becomes aware of instances of dishonesty and conflicts of interest on the part of managers of nonprofit organizations, the public's interest in funding charities dwindles. To continue the current level of philanthropy, it is essential the public perceive that instances of abuse are being addressed and corrected.