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Banking & Finance Law Report

Category Archives: PWMA News

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Keeping up with the dot-anythings

Posted in Corporate Law, PWMA News, PWMA Practice

For the past several weeks, our colleagues at Technology Law Source have been working hard to keep readers apprised of developments related to The Internet Corporation for Assigned Names and Numbers’ new generic top-level domain (gTLD) program. This program, which is essentially redefining the face of the Internet, is likely to impact any business — or, indeed, any entity — with a web presence. If you haven’t been able to keep up with the hundreds of gTLDs already delegated this year, download this hot-off-the-press e-book: Protecting Your Brand in a New gTLD World.

You also may want to subscribe to Technology Law Source (use the “Subscribe by email” prompt in the left column of the site) to receive weekly updates about the evolution of the gTLD program and the dot-anythings launching each month.

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Technology Law Source 2.0

Posted in PWMA News

 We wanted to take a moment to share the redesigned Porter Wright Technology Law Source blog with you.

 Technology Law Source is designed for readers to quickly and easily learn about concepts that cut across the traditional lines of intellectual property and extend to evolving technologies, as well as concerns  with privacy and data security.

Our authors  routinely update the blog to provide the latest news and information about a range of areas relating to the industry, including:

·         Copyright

·         Data breach

·         Data security

·         Database management

·         Electronic commerce

·         Electronic discovery

·         Electronic medical records

·         Enforcements, disputes, and litigation

·         HIPAA and HITECH Act compliance

·         International law and regulation

·         Internet law

·         Legal issues in use of social media

·         Online commerce

·         Online marketing, advertising, and promotions

·         Outsourcing

·         Patent filing, prosecution, and enforcement

·         Regulatory environment in privacy

·         Trade secret protection and enforcement

·         Trademark selection, enforcement, and brand protection

·         Workplace privacy matters

We invite you to visit the blog, and let us know what you think. …


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Porter Wright’s Oil and Gas Law Report

Posted in PWMA News

We wanted to take a moment and share our latest Porter Wright blog with you –

the Oil & Gas Law Report is designed for readers to quickly and easily learn about the latest legal developments affecting producers, investors, transporters, land owners, and governing organizations.

It is prepared by members of Porter Wright’s Oil & Gas Practice Group and will cover news and information in a wide range of areas related to the industry , including:

  • Oil and gas storage well leases
  • Eminent domain, zoning and land use issues
  • Joint operating agreements
  • Drilling contracts, gas gathering and transportation contracts
  • Construction matters
  • Bank, financial institution and private financing agreements
  • Tax considerations and incentives
  • Real estate and oil and gas conveyances
  • Regulatory compliance and permitting
  • Environmental permitting and other issues relating to wastewater discharges and disposal, groundwater contamination
  • Project finance
  • Corporate mergers, acquisitions and dispositions
  • Litigation
  • Labor and employment, including OSHA and workers’ compensation matters
  • Legislative developments

We invite you to visit the blog and let us know your thoughts.…


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Blog Roundup

Posted in PWMA News

Below are several of the latest posts from the Porter Wright blog network. They cover diverse topics ranging from protecting your trademark with the new adult entertainment industry domain names to say-on-pay and EU data protection to "Facebook firings."

Act now to prevent use of your trademark with the new adult entertainment industry TLD

A new top level domain will soon be available for use by adult entertainment providers. In order to address concerns from trademark owners not in the adult entertainment industry, a sunrise reservation period has been established to enable trademark owners to reserve or "block" the new adult entertainment industry domain names that correspond to their registered trademarks. The period for trademark owners to reserve such domain names runs through October 28, 2011. Read more.

Ohio Federal Judge Allows Say-on-Pay Lawsuit to Proceed

In a September 20, 2011 Opinion, Judge Timothy Black of the Southern District of Ohio ruled that a lawsuit brought against senior executives and directors of Cincinnati Bell, Inc. alleging a breach of fiduciary duty regarding compensation would be allowed to proceed. The lawsuit focuses on the "say-on-pay" provisions of the Dodd-Frank Act: specifically, attacking the Board’s decision to increase 2010 executive compensation in light of the nonbinding vote by 66% of the voting shareholders to reject that increase. Read more.

Basic Principles of European Union Consent and Data Protection

Any US company that receives data about individuals living in the European Union must be familiar with the basic principles of consent and data protection within …


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Porter Wright Launches Employee Benefits Blog

Posted in PWMA News

The Banking and Finance Law Report is pleased to share with you the launching of Porter Wright’s latest blog – Employee Benefits Law Report– which we have created as a resource to help guide employers of all sizes through the complex administrative and legal challenges facing their employee benefit plans.

This blog – edited by my partners Ann Caresani and Rich Helmreich – will provide the latest information in a wide range of areas related to Employee Benefits including:

  • ERISA and employee benefits litigation
  • Health care reform
  • Retirement plans
  • Audits and correction
  • Benefits issues related to mergers and acquisitions
  • Employee Stock Ownership Plans (ESOPs)
  • ERISA fiduciary compliance
  • Health and Welfare Plans
  • Nonqualified Deferred Compensation/Executive Compensation
  • Tax-exempt/government employers

If you would like to subscribe to Employee Benefits Law Report and receive e-mails regarding blog updates, please visit the blog and enter your e-mail address. Alternatively, you may add www.employeebenefitslawreport.com to your RSS/XML feedreader.…


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Blog Roundup

Posted in PWMA News

Below are several of the latest posts from the Porter Wright blog network. They cover diverse topics ranging from the recent Wal-Mart Supreme Court decision to ensnarement and SEC witness immunity to nanotechnology inclusion in the National Defense Authorization Act.

Wal-Mart v. Dukes: Supreme Court Rejects "Expansive" Gender Bias Class Action In Absence of "General Policy of Discrimination"

The much-awaited decision of the United States Supreme Court is here. Dubbed by Justice Scalia as "one of the most expansive class actions ever," the Supreme Court unanimously reversed the decision of the Ninth Circuit Court of Appeals which had affirmed the certification of a class of approximately 1.5 million current and former female employees alleging discrimination in pay and promotion. Read more.

Discovering Ensnarement 

Ensnarement is a powerful defense in any patent case where the doctrine of equivalents is at issue. It’s time for defendants to "discover" this under-utilized defense.    Despite litigating numerous doctrine of equivalents cases, I’ve only litigated one case where an ensnarement defense was vigorously asserted. Read more.

SEC Delegates Authority To The Director of the Division of Enforcement To Issue Witness Immunity

On Monday June 13, 2011, the SEC announced that it was amending its rules to delegate authority to the Director of the Division of Enforcement to issue witness immunity orders to compel individuals to give testimony or provide other information. This rule will go into effect for an 18-month period once it is published in the Federal Register. Read more.

FY 2012


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Blog Roundup & Recent Law Alerts from Porter Wright

Posted in PWMA News

February was a busy month on the Porter Wright blog network. Below are several of the highlights that cover diverse topics ranging from investor status to identity fraud and immigration compliance to nanotechnology grants. Also, be sure to check out the Law Alert that covers a landmark antitrust case and the Law Alert that provides information about becoming a supplier to one of the world’s largest oil companies.

Accredited Investor Status

In late January, the SEC proposed a new rule to formerly change the definition of “accredited investor” to exclude the value of a person’s primary residence for purposes of determining whether the person qualifies as an “accredited investor” on the basis of having a net worth in excess of $1 million. Read more.

Identity Fraud down 28% in 2010; Consumer Costs Up!

According to Javelin Strategy & Research’s 2011 Identity Fraud Survey Report, there was a 28% drop in the number of victims of identity fraud in 2010.  Additionally, the number of reported data breaches dropped significantly (404 reported breaches in 2010, down from 604 in 2009).  Read more.

 The Evolving Ramifications of I-9 Compliance

Investors likely gave no thought to I-9 compliance when buying shares in the Mexican fast food restaurant Chipotle. The Immigration and Customs Enforcement I-9 audits of the company’s restaurants that began late last year and are ongoing already have resulted in hundreds of allegedly unauthorized workers losing their jobs. That was just the beginning. With the ever-widening government investigations and audits …


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Attend Our Upcoming Complimentary Workshop – ” What Would YOU Do If Your Network is Hacked?”

Posted in PWMA News

One needs only to visit a site such as http://www.privacyrights.org/data-breach to learn the extent data breach incidents occur. This workshop will help you learn how to respond to data breach intrusions, whether as a result of a lost laptop, criminal hacking, or other unauthorized access or use of information.

Featuring:

Robert J. Morgan, Esq., Porter Wright Morris & Arthur LLP

Jeremy A. Logsdon, Esq., Porter Wright Morris & Arthur LLP

Donna M. Ruscitti, Esq., Chair, Porter Wright’s Information Privacy and Data Security Practice Group

This is a complimentary seminar, however seating is limited. To reserve your spot at this program, please e-mail Deb Ballard at dballard@porterwright.com before February 14.…


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2011 Banking Lawyer of the Year

Posted in PWMA News

Congratulations to my long-time colleague James (Jim) Botti on his 2011 Best Lawyers Banking Lawyer of the Year recognition. According to Best Lawyers, Jim was chosen based on his particularly high ratings in Best Lawyers’ surveys by earning a high level of respect among his peers for his abilities, professionalism, and integrity.

After more than a quarter of a century in publication, Best Lawyers is designating “Lawyers of the Year” in high-profile legal specialties in large legal communities. Only a single lawyer in each specialty in each community is being honored as the “Lawyer of the Year.”

Jim has spent nearly all of his 28-year career representing banks and other financial institutions in negotiating and documenting complex commercial loan transactions and in handling troubled loan or “workout” situations both inside and outside of bankruptcy. He also represents many non-financial institution lenders in collecting money owed to them by commercial borrowers of all types. In addition, he represents a number of borrowers in negotiating complex commercial loan transactions and assisting them in troubled loan or workout situations.

Congratulations, again, Jim. To see a full list of the Porter Wright partners with the 2011 Best Lawyers Lawyer of the Year distinction, please visit our website.…


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Chambers USA 2010 Ranks Porter Wright Among Leading Banking & Finance Practices in Ohio

Posted in PWMA News

We are pleased to share with our Banking & Finance Law Report friends that Chambers USA has ranked Porter Wright’s Banking & Finance practice among the leading practices in Ohio in their most recent report.

To read about our review, please click here:

Banking & Finance – Ohio

Chambers USA also ranked Tim Grady individually for his experience and reputation in Banking & Finance Law.

Timothy Grady – Banking & Finance – Ohio


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Porter Wright Recognized Among 30 Elite Law Firms Nationally For Superior Client Service in BTI Survey

Posted in PWMA News

Porter Wright is deeply honored to be ranked among the 30 elite firms in the country when it comes to client service.  In a national survey of in-house counsel at Fortune 1000 companies conducted byThe BTI Consulting Group (BTI), Porter Wright ranked 22 out of 505 core firms named by in-house counsel.

Porter Wright was honored as a “Leader of the Best” when it comes to advising clients on business issues. According to the report, “Porter Wright differentiates itself with clients by translating legalese into business speak — a key method to prove your commitment to help clients.” The report also cites specific comments from corporate counsel about Porter Wright’s commitment to client service, specifically, “They know our business and us. They have skilled people in a number of areas critical to our business.”

Based out of Boston, BTI is the leading provider of strategic market research to law firms and professional services firms. BTI’s analysis draws on candid feedback from 240 corporate counsel at Fortune 1000 companies to determine which law firms among 505 core firms nationally top the charts in client service. Corporate counsel ranked Porter Wright among the best in the country in 14 areas:

  1. Anticipates the Client’s Needs
  2. Breadth of Services
  3. Brings Together National Resources
  4. Commitment to Help
  5. Deals with Unexpected Changes
  6. Helps Advise on Business Issues
  7. International Capability
  8. Keeps Clients Informed
  9. Legal Skills
  10. Meets Scope and Budget
  11. Provides Value for the Dollar
  12. Quality Products
  13. Understands the Client’s Business
  14. Unprompted Communication

For more information about …


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