Notice & Comment

Notice & Comment

Notice & Comment

Intellectual Property/International Law: European Parliament Calls on EC to Propose EU-Wide IPR Strategy, by Jonathan Rusch

On September 22, the European Parliament, by a vote of 328 to 245, approved a report on intellectual property rights (IPR), calling on the European Commission (EC) “to propose a comprehensive strategy on IPR which will remove obstacles to creating a single market in the online environment and adapt the European legislative framework in the […]

Notice & Comment

Constitutional Law: New Yorker Article on Justice Breyer, by Jonathan Rusch

The September 27 issue of the New Yorker featured an article by Jeffrey Toobin on U.S. Supreme Court Justice Stephen Breyer and his work on the Court. An abstract of the article noted that “as a scholar and a judge, Breyer has been most interested in the less glamorous field of administrative law, which is […]

Notice & Comment

Antitrust and Trade Regulation/International Law: U.K. Competition Commission and OFT Issue Joint Merger Guidelines, by Jonathan Rusch

On September 16, the United Kingdom Competition Commission (CC) and the Office of Fair Trading (OFT) jointly issued Merger Assessment Guidelines. This document, which supersedes various prior OFT and CC guidelines, “explains the approach of the OFT when considering whether or not to refer a merger to the CC for further investigation and the approach […]

Notice & Comment

Ethics: European Court of Justice Affirms Scope of Legal Professional Privilege, by Jonathan Rusch

On September 14, the European Court of Justice held, in Akzo Nobel Chemicals v. European Commission, No. C-550/O7 P, that the legal professional privilege did not apply to e-mail communications between a corporate oficer and a corporate in-house lawyer. The decision stemmed from a 2003 investigation by Commission oficials into alleged anticompetitive practices involving two […]

Notice & Comment

Securities/Commodities: FT Special Report on Commodities, by Jonathan Rusch

For those interested in commodities issues, the Financial Times has put out a special report on the subject with a variety of articles and analyses. This post was originally published on the legacy ABA Section of Administrative Law and Regulatory Practice Notice and Comment blog, which merged with the Yale Journal on Regulation Notice and […]

Notice & Comment

Antitrust/International Law: Canadian Competition Bureau Plans Consultations on Revising Merger Enforcement Guidelines, by Jonathan Rusch

On September 7, the Canadian Competition Bureau announced that “it will hold a series of roundtables to explore the merits of revising the Merger Enforcement Guidelines.” Those Guidelines, which were issued in 2004, set out the framework that the Competition Bureau uses to evaluate the potential competitive effects of mergers. The announcement also stated that […]

Notice & Comment

Environment/Energy: BP Issues Internal Investigations Report on Deepwater Horizon Accident, by Jonathan Rusch

On September 8, BP issued its internal investigations report into the accident on the Deepwater Horizon rig in the Gulf of Mexico on 20 April 20. In brief, BP stated that “[t]he investigation found that no single factor caused the Macondo well tragedy. Rather, a sequence of failures involving a number of different parties led […]

Notice & Comment

Communications/International Law: U.K. Ofcom Issues Consultation Paper on Net Neutrality, by Jonathan Rusch

On June 24, Ofcom, the independent regulator and competition authority for the United Kingdom communications industries, issued a consultation paper on traffic management and net neutrality. An Ofcom statement reported that the purpose of the consultation paper is to open up a discussion on how existing and future powers “might be used to address traffic […]

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Trade Regulation/International Law: Australia Enacts New National Consumer Protection Law, by Jonathan Rusch

On July 13, the Australian Trade Practices Amendment (Australian Consumer Law) Bill (No. 2) 2010 received final assent. According to the summary by the Australian Parliament, the lengthy bill (402 pages total) “amends: the Trade Practices Act 1974, Australian Securities and Investments Commission Act 2001 and Corporations Act 2001 to implement a national consumer law […]

Notice & Comment

Veterans Benefits: VA Proposes Plain-Language Rewrite of Service-Connected and Other Disability Compensation Regs, by Jonathan Rusch

On September 1, the Veterans Administration announced that it “proposes to reorganize and rewrite in plain language its regulations concerning service-connected and other disability compensation.” The VA proposed the revisions as part of its “reorganization of all of its compensation and pension regulations in a logical, claimant-focused, and user-friendly format.” The VA stated thet “[t]he […]

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Securities/Commodities: SEC Announces Temporary Rule Requiring Registration of Municipal Advisors, by Jonathan Rusch

On September 2, the Securities and Exchange Cmomission announced that it “has adopted a temporary rule requiring municipal advisors to register with the SEC by October 1.” The SEC stated that this deadline “was established by the newly-enacted Dodd-Frank Wall Street Reform and Consumer Protection Act.” Subject to certain exemptions, Dodd-Frank defines “municipal advisors” — […]

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Intellectual Property: Patent and Trademark Office Issues New Obviousness Guidelines, by Jonathan Rusch

On September 1, the U.S. Patent and Trademark Office (USPTO) published in the Federal Register an update to its examination guidelines “concerning the law of obviousness under 35 U.S.C. 103 in light of recent precedential decisions of the United States Court of Appeals for the Federal Circuit issued since the 2007 decision by the United […]

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International Trade: New WTO Report on World Merchandise Trade, by Jonathan Rusch

On Septemebr 1, the World Trade Organization issued a release reporting that the value of world merchandise trade rose around 25 percent in the first six months of 2010, “up strongly from the same period of 2009.” The release also stated that “[t]his surge in trade growth marks a continuation of the trend begun in […]

Notice & Comment

Securities/Commodities: CFTC Issues New Rules on Retail Forex Trading, by Jonathan Rusch

On August 30, the Commodity Futures Trading Commission (CFTC) announced the publication in the Federal Register of final regulations concerning off-exchange retail foreign currency transactions. According to the announcement, the rules “implement provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act and the Food, Conservation, and Energy Act of 2008.” In brief, “[t]he […]

Notice & Comment

International Trade: President Obama Sets Out Substantial Changes in Export Control System, by Jonathan Rusch

On August 30, the White House issued a statement reporting that on August 31, President Obama would announce “a major step forward in the Administration’s efforts to fundamentally reform the export control system and will outline the foundation of our new export control system.” According to the statement, the Administration’s planned changes would address four […]