With its groundbreaking judgment of 3 July 2012, the Court of Justice of the European Union (CJEU) has decided that the resale of software licences is allowed in spite of contractual prohibitions. The German company UsedSoft GmbH sells "second-hand" licences for Oracle standard software, i.e. licences acquired by UsedSoft from Oracle licensees. After purchasing the second-hand licence, customers of UsedSoft can download the software from Oracle's website. Oracle objected to this resale of its software licences (inter alia because Oracle's...

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The ING Foundation is awarding college scholarships to teams of young girls who participated in the ING-Girls Inc. Investment Challenge, a program that provides practical, hands-on investing experience to girls at Girls Inc. affiliates around the country. Teams of girls in the first cycle of the challenge from New York City, Denver, and Los Angeles and Alameda counties in California each spent the past three years building and managing a virtual $50,000 diversified, real-time portfolio as part of an integrated...

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Ms. Ahn will lead the Firm’s Immigration practice.  Ms. Ahn’s career in Immigration and Nationality Law spans more than seventeen (17) years representing such premiere international organizations as Goldman Sachs, BNP Paribas, The International Monetary Fund (IMF), P&O Nedlloyd, and The World Bank in all phases of the business and employment related immigration process. She has in-depth experience in all matters of immigration law, including EB-5 Investor filings, as well as employment-based and family-based immigration and visa processing.  She has...

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The Flex BV made simple: Reaping the benefits from the new Dutch Company rule. NautaDutilh's Flex BV website offers practical insights for taking advantage of the opportunities created by the new rules and requirements for: Management and Supervisory Board Members Private Equity Group Structures Joint Ventures Financiers /Sponsors (In house) lawyers Read more »

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EACCNY member Frank Ciano of Goldberg Segalla is speaking at the Ninth Annual FDCC Corporate Counsel Symposium (“CCS”). The forum will be held in Philadelphia at the Four Seasons Hotel from September 12to 14, 2012. More about Frank J. Ciano's presentation can be found at: Protecting Your Company’s Intellectual Property For more complete program information, you can visit the Federation website, www.fdccconferences.org.

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Financial institutions have spent a year anticipating and predicting when the Consumer Financial Protection Bureau (CFPB) would put its broad enforcement powers to use. The anticipation ended on July 18, 2012, when the CFPB announced its first enforcement action with the entry of a consent order against Capitol One Bank. See, Stipulation and Consent Order, available at https://files.consumerfinance.gov/f/201207_cfpb_consent_order_0001.pdf. The subject of the consent order was Capital One's marketing practices for credit card add-on products, such as payment protection and credit monitoring....

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Delaware Imposes New Restrictions on Short-Term Lending On June 27, Delaware Gov. Jack Markell signed into law House Bill 289, legislation that places a number of severe limitations on short-term loans made by a Delaware licensed lender. These limitations will apply to both brick-and-mortar lenders, as well as Internet lenders operating under the Delaware Licensed Lender Act. The new limitations become effective on January 1, 2013. Read more Questions? Contact: Richard P. Eckman | eckmanr@pepperlaw.com Andrew R. Mavraganis | mavraganisa@pepperlaw.com Darcy Lee | leeda@pepperlaw.com* *Darcy Lee is...

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Enforcement and its Implications for Companies Download PDF Version With the one-year anniversary of the U.K. Bribery Act upon us, companies may be breathing a sigh of relief. To date, not a single successful prosecution has been brought against a company by the U.K.’s Serious Fraud Office (SFO), which is responsible for enforcing the law. However, such relief may, in fact, be premature. Recently, the SFO has reaffirmed its commitment to pursuing bribery cases. As a result, now may not...

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Financial Services Alert | July 24, 2012 OCC to Banks: Immediately Plan for the Current Risky Environment On July 5, 2012, the Office of the Comptroller of the Currency (OCC) issued its Semiannual Risk Perspective for spring 2012, which concludes that the top risks facing national banks and savings associations are (1) the aftereffects of the recent housing-driven credit boom-bust cycle, (2) revenue challenges related to slow economic growth and market volatility, and (3) the potential that banks may take excessive risks...

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Solvay sued one Dutch and two Belgian Honeywell companies regarding infringement of several national parts of a European patent before the District Court of The Hague, claiming that all three companies infringed with the same product in all designated countries. Solvay requested a provisional injunction with cross-border effect for the duration of the main proceedings. On 12 July 2012, the Court of Justice (“CJ”) rendered its eagerly anticipated judgment in Solvay v Honeywell (C-616/10) relevant to the admissibility of cross-border...

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