CAPITAL MARKETS & CORPORATE GOVERNANCEFINRA Dispute Resolution: Arbitrator Selection Recommendations by David E. Robbins, Kaufmann Gildin & Robbins LLP
IntroductionSelecting the arbitrators in a Financial Industry Regulatory Authority, Inc. (FINRA) arbitration is a crucial part of the arbitration process and can have a significant impact on the outcome of the case. Attorneys must be aware of the procedures and practices that govern arbitrator selection as well as appreciate the factors relevant to selecting the most appropriate arbitrator(s) for the case. The parties to a FINRA arbitration will select the arbitrator(s) using FINRA’s internet DR Party Portal (Party Portal). This practice note provides an overview of the arbitrator selection process for both industry and customer disputes, and provides guidance on selecting public and non-public arbitrators. Read more.
For more information on FINRA arbitrations generally: • Practice Note: FINRA Industry Arbitration Guide by David E. Robbins, Kaufmann Gildin & Robbins LLP • Practice Note: FINRA Customer Arbitration Guide by David E. Robbins, Kaufman Gildin & Robbins LLP
LABOR & EMPLOYMENTSecondment Agreements: Drafting and Negotiating Domestic Secondment Agreements by Julie M. Capell, Davis Wright Tremaine LLP
A secondment agreement—an arrangement in which an employer (original employer) temporarily lends an employee to another organization (host organization)—closely resembles a typical employment agreement. However, secondment agreements may also include additional provisions relating to intellectual property rights, maintaining corporate confidentiality and indemnification, as well as payment and management of the seconded employee (secondee). Most importantly, secondment agreements should specify the duration of the secondment and what is expected of the secondee. Read more.
CORPORATE COUNSEL Best Practices in Corporate Subsidiary Management
This practice note focuses on the corporate governance and associated regulatory compliance aspects of the parent-subsidiary relationship. It does not cover how subsidiaries are created. Moreover, this practice note pertains only to subsidiaries whose shares are privately held by a parent corporation. Special securities law compliance rules apply when a subsidiary is itself a publicly held company. Counsel is instructed to seek the advice of securities counsel when dealing with this circumstance. Read more.
EMPLOYEE BENEFITS & EXECUTIVE COMPENSATIONMental Health Parity and Addiction Equity Act Compliance for Employer Health Plans
This practice note describes the impact of the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) (Pub. L. No. 110-343) and related provisions of the Patient Protection and Affordable Care Act (Pub. L. No. 111-148) (ACA), on employers providing behavioral health benefits through group health plans. The MHPAEA generally prevents health plans and policies that cover mental health or substance use disorder benefits from imposing less favorable terms on those benefits than on medical and surgical benefits. This practice note focuses on application of the MHPAEA to employer health plans, although the law applies broadly to other group insurance and individual policies. Read more.
INTELLECTUAL PROPERTY & TECHNOLOGYPatent Examiner Interviews by Frank DeLucia and Luciano Ricondo, Merchant & Gould
After a patent application is filed in the U.S. Patent and Trademark Office (USPTO), and during the stage in which the application is being examined by a patent examiner, it often can be helpful to conduct an interview with the examiner in an attempt to advance the prosecution of the application towards allowance. This practice note provides guidance for practitioners on when an interview with a patent examiner is permitted under USPTO rules, who can participate in the interview, practical tips on how to request and conduct an interview, what to do after the interview is conducted, and Patent Office programs that affect examiner interview practice. Read more.
BANKRUPTCY Voting on a Plan by Gary L. Kaplan, Fried, Frank, Harris, Shriver & Jacobson LLP
After a disclosure statement is approved by the court, the plan proponent distributes the plan and disclosure statement to all creditors and equity holders of the debtor. Along with the plan and disclosure statement, the proponent will include the appropriate ballot for each voting class. Those classes that are not entitled to vote may receive, in lieu of a ballot, a notice explaining why they are not being sent a ballot. Read more.