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November/December 2008
New Internet Promotion Options Pose Risks for Drug Manufacturers
Update
Drug companies today use the Internet in new and innovative ways to provide information on and promote their products to consumers.
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Articles
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November 7, 2008
Revenue Recognition In Volatile Economic Times
Law360
The financial challenges posed by current financial market events affect Wall Street and Main Street alike.
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Articles
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2008/2009
Climate Change and Litigation in the U.S.
PLC Cross-border Environment Handbook
Climate change is the most threatening environmental challenge of recent years. Addressing global climate change is a daunting task and one for which to date the U.S. has no focused regulatory response.
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Articles
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October 24, 2008
The Era Of Climate Change Regulation Has Begun
Law360
After years, if not decades, of anticipation and speculation by environmental lawyers, the era of climate change regulation recently kicked off this summer.
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Articles
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October 24, 2008
EPA’s Greenhouse Gas Proposal: A Blueprint for Federal Regulation
BNA Daily Environment Report
On the whole, EPA’s Advance Notice of Proposed Rulemaking on regulating greenhouse gas emissions under the Clean Air Act is providing an opportunity to see the future of an upcoming era of climate change concerns mandating the regulation of energy efficiency and to play a key role in the formulation of an era that likely will last for decades to come.
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Articles
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2008
Federal Preemption at the Supreme Court
Cato Supreme Court Review
It has been a striking time for federal preemption at the Supreme Court. This past term, the Court heard six preemption cases, deciding four in favor of federal preemption by large margins, one against preemption, and coming to a draw in the sixth case in which Chief Justice John Roberts did not participate.
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Articles
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September 22, 2008
Insider Analysis from Sidley Austin LLP: Market Definition in Life Sciences Sector Under the Chinese Anti-Monopoly Law
PharmAsia News
China's Anti-Monopoly Law, in force since Aug. 1, raises difficult questions for market players in the health care industry in China. One issue of particular importance is how to define the "relevant market" for medicinal products.
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Articles
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September 15, 2008
Damages for the Harm of Data Breaches and Other Privacy Claims
Privacy & Security Law Report
In the absence of actual identity theft or other quantifiable harms, courts have declined to recognize amorphous emotional or dignitary harms from privacy violations as being sufficient to support standing or prove damages as a necessary element of a cause of action.
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Articles
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August 2008
Amendment to the U.S. Lacey Act: Implications for Chinese Forest Products Exporters
A recently passed law gives the U.S. government the power to fine, and even jail, individuals and companies who traffic in illegally harvested wood products. The U.S. government can even use this law, called the Lacey Act, to impose significant penalties on individuals and companies who do not realize that their wood is tainted. This new law, and the new import declaration it requires, will affect manufacturers and exporters who ship a variety of products made from wood to the United States, including paper, furniture, lumber, flooring, plywood or even picture frames.
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Articles
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2008
Update on U.S. Product Liability Law
The International Comparative Legal Guide to: Product Liability 2008
Sidley lawyers Sara Gourley and Sherry Knutson have authored a chapter on key developments this year in U.S. product liability law in The International Comparative Legal Guide to: Product Liability 2008.
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Articles
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July/August 2008
Competitive Privacy: Towards A New Area of Privacy Litigation?
Privacy Tracker
An apparent afterthought in a patent case may point the way to a new type of privacy litigation, and it may offer the potential for companies to shape robust privacy practices into an offensive tool for litigation against their competitors.
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Articles
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Summer 2008
On Life Support from Leeginaire’s Disease: Can the States Resuscitate Dr. Miles?
Antitrust, an ABA Magazine
Sidley lawyers Joel Mitnick, John Lavelle and Owen Smith, all of the New York office, and Will Reiss, then with the firm, wrote an article entitled “On Life Support from Leeginaire’s Disease: Can the States Resuscitate Dr. Miles?” published in the Summer 2008 issue of Antitrust, an ABA magazine.
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Articles
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July 2008
China: La llegada del derecho de la competencia
Partida Doble
The PRC Anti-Monopoly Law is the first comprehensive code of competition law in China. This new set of rules has major implications for foreign investors doing business in China.
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Articles
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Summer 2008
The U.S. Foreign Corrupt Practices Act: A Clear and Present Danger for Non-U.S. Companies and Corporate Officials
The American Lawyer - Focus Europe
This article, by Washington, D.C. partner Joseph B. Tompkins, Jr. and published in The American Lawyer Focus Europe magazine, explores the extraterritorial implications of the FCPA.
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Articles
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July 2008
Book-Entry Deposit Procedures for Certain Offerings by Non-U.S. Issuers under Section 3(c)(7) of the Investment Company Act
The Investment Lawyer
Sidley Investment Funds, Advisers and Derivatives practice group partners Brian Kaplowitz, John MacKinnon and Jonathan Miller recently co-authored an article for the July 2008 issue of The Investment Lawyer entitled Book-Entry Deposit Procedures for Certain Offerings by Non-U.S. Issuers under Section 3(c)(7) of the Investment Company Act.
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Articles
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June 13, 2008
Blueprint for Insurance Reform: the Paulson Plan
Bloomberg Law Report
Sidley Insurance and Financial Services Group lawyers Michael P. Goldman, Charlene C. McHugh, and Bobbi O. Anderson recently co-authored a featured article in Bloomberg Law Reports: Insurance Law (Vol. 2, No. 17, April 28, 2008.)
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Articles
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April 2008
French CNIL Examines Data Protection Issues Linked to U.S. Litigation Disclosures
Privacy and Data Security Law Journal
As explained by the authors, a French commission has recently voiced concern over the proliferation of demands for the production and transfer of European data for use in U.S. legal proceedings.
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Articles
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Spring 2008
How to Get Ready for the Chinese Anti-Monopoly Law?
The Bridge
This article outlines the key features of China's new antitrust rules and assesses their impact on foreign business interests in China.
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Articles
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March 2008
Getting the Deal Through - Vertical Agreements 2008
Sidley lawyers wrote four of the 34 chapters in the this year's edition of "Getting the Deal Through — Vertical Agreements," a book recently published by Global Competition Review. The book is intended for in-house counsel and provides an overview of antitrust regulation of distribution arrangements in 34 jurisdictions worldwide.
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Books
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March 2008
Are You Ready for REACH?
Chemical Engineering
In today’s global marketplace, the long arm of REACH will bring about sweeping changes in the use of chemicals not just in the EU, but across the globe.
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Articles
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A New Age: Life Insurance Securitisation
Euromoney's International Investment & Securities Review 2008
In the past five years, the United States life insurance industry has begun a new phase in its management of risk. The industry has adopted and developed securitisation techniques to address challenges raised by its regulatory regime and strengthen return on equity. At the same time, securitisation has provided investors the ability to receive exposure to risks uncorrelated with traditional investments. To date the life insurance industry has utilised three basic securitisation transaction types: redundant reserve, embedded value and catastrophic mortality.
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Articles
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March 2008
Google/DoubleClick and the Power of Information to Raise Antitrust Concerns in Vertical Mergers
GCP
This article, by David Went (London) and Stephen Kinsella (Brussels) and published by GCP, the online magazine for Global Competition Policy, discusses the antitrust issues raised by Google’s acquisition of DoubleClick, and examines why the European Commission ultimately cleared the acquisition after an investigation that lasted nearly six months.
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Articles
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February 2008
U.S. and PRC Anti-bribery Laws: Regulation, Risk and Prevention in the Life Sciences Industries
PLC Cross-border Life Sciences Handbook 2007/08
With the dramatic increase in globalisation in the 21st century, businesses are facing a corresponding increase in corruption concerns when expanding overseas.
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Articles
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SEC Enforcement and Examinations Concerning Hedge Funds
Sidley partners Barry W. Rashkover and Laurin Blumenthal Kleiman recently co-authored an article that surveys the landscape of SEC enforcement and examination initiatives concerning hedge funds. “SEC Enforcement and Examinations Concerning Hedge Funds” highlights key enforcement actions involving hedge funds and outlines significant changes in the SEC enforcement process since Christopher Cox became SEC Chairman in 2005. The article also looks at recent developments in the SEC investment adviser examination process, including current areas of focus of the OCIE staff.
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Articles
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January 2008
Public Right of Access to Lobbyist Information Trumps EU Privacy Rights
Privacy & Data Security Law Journal
In this article, authors Stephen Kinsella, Alan Charles Raul, Edward McNicholas and Hanne Melin analyze a recent decision by the European Court of First Instance that suggests that data protection or privacy is not an absolute right in the European Union - and that it has to be balanced against other societal interests.
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Articles
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January 7, 2008
New State Attempts at Data Security Laws Offer Uncertain Promise
Privacy & Security Law Report
A legal standard for information security has started to emerge from state information privacy laws and Federal Trade Commission enforcement actions. A Nevada law that will take effect later this year and requires encryption in transit for all personal information takes a leap, the authors argue, by directly mandating encryption for personal data. While the Nevada law does not specify what type of encryption is required, proposed regulations in New Jersey would specify encryption for both stored and in transit communication. Compliance with detailed security standards could become unmanageable if multiple states specify distinct security requirements purporting to govern interstate computer systems, according to the authors.
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Articles
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December 2007/January 2008
Growing Pains: A Road Map for Chinese Companies Learning to Live with Complex U.S. Litigation
China Law & Practice
U.S. plaintiffs have recently begun targeting Chinese companies in highly complex litigations such as class actions seeking solvency-threatening damages for alleged securities fraud and antitrust violations. These suits, described here as “complex commercial litigation,” present a tremendous burden for any company involved. The authors of this article, Robert Pietrzak, Joel M. Mitnick and Henry Ding, provide a road map of the general process involved in complex commercial litigation in the U.S., and address some of the aspects of complex commercial litigation that may come as a shock to Chinese companies.
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Articles
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November/December 2007
California Amends Escheat Statute in Response to Federal Court Injunction Prohibiting the State from Accepting Delivery of Unclaimed Property
Journal of Payment Systems Law
Authors Judith Welcom, Steven A. Ellis and Michael Rato explain a recent injunction prohibiting the California State Controller’s Office from accepting or taking possession of unclaimed property, and subsequent changes to the California Unclaimed Property Law.
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Articles
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