On October 14, the Canadian Federal Court held, in Amazon.com, Inc. v. Canada (Attorney General), No. T-1476-09, that Amazon’s “one-click” online ordering system was a “business method” that was patentable under section 2 of the Patent Act, R.S.C. 1985, c. P-4. In doing so, the Federal Court overruled a decision by the Canadian Patents Commissioner. […]
On October 8, the U.S. Parole Commission issued a proposed rule that would amend the Offense Behavior Severity Index in its paroling policy guidelines to equalize the ratings for crack cocaine and powder cocaine offenses. Comments may be submitted by the Regulations.gov e-Rulemaking portal, or by mail or fax, but must be received by December […]
On October 18, Cardozo Law School in New York will conduct a day-long Festschrift for Paul Verkuil, who left the Cardozo faculty to serve as Chairman of the Administrative Conference of the United States. According to the Cardozo release, distinguished speakers will include Justice Stephen Breyer, Preeta Bansal of OMB, and 15 other distinguished legal […]
On October 4, the Securities and Exchange Commission (SEC) issued a notice of proposed rulemaking to require issuers of asset-backed securities (ABS), and credit rating agencies that rate ABS, to provide investors with new disclosures about representations, warranties, and enforcement mechanisms. As the SEC release about the proposed rulemaking states, section 943 of the Dodd-Frank […]
On October 6, the Federal Trade Commission (FTC) issued proposed revisions to its so-called “Green Guides,” the guidance that it gives marketers to help them avoid making misleading environmental claims. The proposed changes, according to the FTC’s release, “include new guidance on marketers’ use of product certifications and seals of approval, ‘renewable energy’ claims, ‘renewable […]
On October 6, U.S. Trade Representative Ron Kirk issued a statement in which he announced the public release of the draft text of the Anti-Counterfeiting Trade Agreement (ACTA) by the ACTA parties, after the conclusion of what the statement termed “the final round of negotiations” in Tokyo on October 2. The statement also noted that […]
On October 1, the Office of the U.S. Trade Representative (USTR) issued a statement of the Anti-Counterfeiting Trade Agreement (ACTA) negotiating partners about the recent round of ACTA negotiations in Tokyo. The statement noted, in part, that “[p]articipants in the negotiations constructively resolved nearly all substantive issues and produced a consolidated and largely finalized text […]
On October 1, at a public meeting, the Commodity Futures Trading Commission (CFTC) announced a first series of proposed regulations pertaining to derivatives, pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act. One proposed rule would establish financial resources requirements for derivatives clearing organizations (DCOs) and systemically important DCOs (SIDCOs). The CFTC also […]
On October 4, the Administrative Conference of the United States (ACUS) announced the appointment of 18 Senior Fellows, including six former ACUS Chairmen and 12 other individuals with substantial prior service as ACUS government or public members. The appointments include Justice Antonin Scalia (a former ACUS Chairman) and five former Chairs of the ABA Administrative […]
On September 30, the Senate Banking Committee held a hearing on implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act. Senior officials of the Treasury Department, the Federal Reserve Board, the FDIC, the Securities and Exchange Commission, the Commodity Futures Trading Commission, and the Office of the Comptroller of the Currency testified about their […]
On September 30, the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury, issued a proposed rule “that would require certain banks and money transmitters to report to FinCEN transmittal orders associated with certain cross-border electronic transmittals of funds (CBETFs).” The proposed rule also would require all banks to file […]
Recently, the American Journalism Review published an online article by Jodi Enda decrying the fact that “most parts of the federal government–the very offices that write the rules and execute the decisions of Congress and the president–remain uncovered or undercovered by the mainstream media.” The article includes a highly informative interactive chart and spreadsheet detailing […]
On September 28, the Administrative Conference of the United States (ACUS) announced its intention to appoint 40 public members. The list of public members includes numerous distinguished practitioners, law professors, and deans, including four former Chairs of the ABA Administrative Law and Regulatory Practice Section (Russell Frisby, Philip Harter, Ronald Levin, and Randolph May), the […]
On September 22, the U.S. Court of Appeals for the Ninth Circuit, in Wilderness Society v. Rey, No. 06-35565, dismissed as nonjusticiable a challenge by The Wilderness Society and other environmental groups (TWS) to revised regulations by the U.S. Forest Service under the Forest Service Decisionmaking and Appeals Reform Act (“ARA”). In 2003, according to […]
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 […]