Venable attorneys produce periodic alerts and newsletters covering a variety of topics and practice areas. For your convenience, we have assembled below a collection of the latest alerts and newsletters from September 2012. To view the full text of an article, please click on the title of the piece.

SEC Proposes Rule to Allow General Solicitation in Rule 506 Securities Offerings
On August 29, 2012 the Securities and Exchange Commission proposed a rule that will allow for general solicitation in private securities offerings conducted pursuant to Rule 506 under the Securities Act.
Authors: Eric R. Smith, Parker B. Morrill

Don't Play and Also Pay: Navigating the Employer-Sponsored Health Coverage Mandate
On Friday, August 31, the Internal Revenue Service issued much anticipated guidance regarding the application of the employer-sponsored health coverage mandate (often called the "play or pay rules" under health care reform). Employers need to begin planning for these rules as soon as possible. While the employer coverage mandate itself does not apply until 2014, it may be necessary to begin tracking the hours of employees as soon as this October in order to facilitate compliance.
Authors: Harry I. Atlas, Thora A. Johnson, Christopher E. Condeluci, Jennifer Spiegel Berman

Dockworkers Union Threatening to Strike October 1
The dockworkers union along the East and Gulf Coasts is threatening to strike on October 1, should there be no agreement with transportation providers by the end of September. Such a work stoppage will adversely affect U.S. export and import shipments of most products – and likely result in collateral effects at West Coast ports, too – all a month before the presidential election.
Authors: Ashley W. Craig, Brock R. Landry, Lindsay B. Meyer, The Honorable Bart Stupak,
Michael J. Volpe, Robert L. Smith, II

FCPA Snapshot Mid-Year 2012
The number of Foreign Corrupt Practices Act enforcement actions brought in the first half of 2012 is roughly on par with the number brought in the first half of 2011. Nonetheless, enforcement activity for both periods is down from a prolific 2010. If the numbers continue to trend as they did in 2011, 2012 should end with approximately 12 SEC and 14 DOJ enforcement actions.
Authors: William H. Devaney, Jan Lawrence Handzlik, Victoria R. Danta

Labor Pains: Computer Hacking By Employees
What if a former employee downloads confidential information (customer lists, pricing information, etc.) from your computer system and uses it to lure your customers away? Among the laws at your disposal is the Computer Fraud and Abuse Act. Although principally a criminal statute intended to combat computer hacking, the CFAA allows a civil lawsuit against someone who obtains information from another's computer "without authorization."
Author:  Todd J. Horn 

What to Expect When You're Under a CFPB Investigation – Negotiating the Scope of the CID
The Consumer Financial Protection Bureau has investigations underway that span the full breadth of the Bureau's enforcement authority over providers of financial products and services and their vendors. If your company is the recipient of a civil investigative demand from the CFPB the process is not an easy one. You have to issue a record retention notice, negotiate the scope of the CID, collect responsive information and materials, respond to the CID, and then wait for the CFPB to make decision on whether it will bring an enforcement action or close the investigation.
Authors: Jonathan L. Pompan, Alexandra Megaris

IP Buzz - September 2012
Highlights include a review of the recent ruling on Louboutin and Yves St. Laurent, a review of patentable subject matter, an article on protecting the look and feel of artwork, an article on trademarks and copyrights, and a review of FTC activity in an article published in Response Magazine.

Advertising News & Analysis

  • September 6, 2012 Edition 
    Highlights include a review of the FTC guide for mobile application makers, a review of the Louboutin shoe case, a review of an article published in Electronic Retail detailing the legal issues to consider when bringing a product to market, a review of warning letters sent by the FTC to manufacturers and a review of FDA regulations for cigarette advertising.
  • September 27, 2012 Edition
    Highlights include an article referencing the FTC Green Guides, commentary on the push to have the FTC investigate online lead generators, a review of the FTC settlement with Medifast and a review of the "Your Baby Can Read" Case. 

Honors and Awards

Four Venable Partners Named "Lawyers of the Year" by Best Lawyers
Best Lawyers, the oldest and most respected peer-review publication in the legal profession, has named four Venable partners "Lawyers of the Year" including 3 attorneys from the  Corporate group. The recognized lawyers and areas for which they were recognized include: Walter R. Calvert, Baltimore Tax Law, Bryson L. Cook, Baltimore Leveraged Buyouts and Private Equity Law, and James J. Hanks, Jr., Baltimore Corporate Governance Law.

2012 D.C. Bar Section elections results
Daniel F. Danello was elected to serve on the Steering Committee for the Corporation, Finance, and Securities Law Section of the District of Columbia Bar for a 3-year term

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.