Energy Efficiency Provisions of Emergency Economic Stabilization Act of 2008 & Emerging Green Building Risk Management Issues
Speakers: Stephen Del Percio, Associate, Arent Fox
The presentation first provides an overview of some of the provisions in the Emergency Economic Stabilization Act signed by President Bush in October 2008 relating to energy efficiency, including a detailed overview of the Energy Efficient Commercial Buildings Tax Deduction (which was enacted as part of the 2005 Energy Policy Act and has now been extended through 2013 by the bailout and the bailout's expansion of the Business Energy Tax Credit for a variety of energy efficient and renewable energy installations (such as solar, wind power, and geothermal, among others). The presentation provides brief overview of some emerging green building risk management issues relating to how owners and developers market their green buildings, and concludes by suggesting that regulation is creating non-traditional risk for real estate industry stakeholders by profiling the country's first reported green building litigation.
This event was recorded and has been made available as a podcast presentation in mp3 format.
» Download (11 MB, 25 min.)
The Subprime Market: Looking to the Future
Speakers: Douglas Duncan (keynote), Mark Adelson, James Anderson, William Nolan, Shanna Smith, Schuyler Carroll, Gary Tepper, Hunter Carter (moderator)
On Wednesday, June 20, 2007, the Arent Fox New York office hosted the seminar, “The Subprime Market: Looking to the Future.” Following an introduction by Arent Fox litigation partner Hunter Carter, the event began with a keynote address by Doug Duncan, senior vice president and chief economist of the Mortgage Bankers Association, who provided attendees with a wealth of insight on the historical and economic factors that led to the market's recent collapse as well as his vision of how events will likely play out in the coming months.
Following the keynote were two panel discussions. The first, entitled “The Impact on Business: A Legislative and Litigation Assessment of the Challenges Facing the Subprime Market,” was chaired by Arent Fox litigation partner Gary Tepper. Joining Gary were Jim Anderson, vice president of government and community affairs at ACC Capital Holdings, and Lisa Rice, vice president of the National Fair Housing Alliance. The second panel, chaired by Arent Fox bankruptcy partner Schuyler Carroll, was entitled “Opportunities and Challenges in the Subprime Industry: Bankruptcy and Non-Bankruptcy Restructuring.” Schuyler was joined by Mark Adelson, an analyst at Nomura Securities International, and William Nolan of FTI Consulting, a financial adviser and a participant in four of the five subprime lender bankruptcies. Both panels were engaging discussions of the myriad issues facing so many businesses in today’s market.
This event was recorded and has been made available as a podcast presentation in mp3 format.
» Part 1 – keynote speaker Douglas Duncan (32 MB, 35 min.)
» Part 2 – The Impact on Business (42 MB, 46 min.)
» Part 3 – Opportunities and Challenges (32 MB, 35 min.)
» Download entire presentation (100 MB, 116 min.)
Q&A: New Amendments to the Federal Trademark Dilution Statute
Speaker: Mike Grow, Partner, Arent Fox
Trademarks and other forms of intellectual property are often the most valuable assets owned by a particular business. As early as 1870, the Congress of the United States recognized how indispensable trademarks have become to the national economy by passing the first Trademark Act. This and subsequent statutes have authorized the courts to uphold a trademark owner's exclusive right to use its mark and to prevent others from using any mark that would create a likelihood of confusion among customers. In 1995, Congress passed the first federal statute seeking to protect famous trademarks against dilution. Subsequent court decisions have resulted in conflicting and often restrictive interpretations of the statute. As a result, Congress is about to enact the Trademark Dilution Revision Act, which is designed to clarify and enhance the protection available to famous trademarks. The House first passed (HR 683) by 411-8 in 2005. The Senate passed by voice vote a slightly modified bill on March 8, 2006. The bill has now gone back to the House, which is expected to clear it soon.
This podcast provides an in-depth look at the trademark dilution and provides useful information on how the new statute will affect trademark owners.
» Download (mp3, 18 MB, 20 min.)
Q&A: Blocking Foreign Control of American Companies: National Security and CFIUS
Speaker: Baruch Weiss, Partner, Arent Fox
Just recently, national security concerns torpedoed a Dubai company's effort to acquire a company that operates terminals in American ports. By contrast, last year, despite serious national security concerns, Lenovo, a Chinese company, was able to acquire IBM's personal computing division. Both those transactions implicated the CFIUS process, the process by which the federal government exercises its virtually unreviewable power to block foreign control of American companies if the transaction implicates national security. The scope of this authority is vast, but often overlooked by the participants in international transactions. Overlooking the CFIUS process in this security-conscious age can lead to disastrous consequences.
This podcast provides an in-depth look at the CFIUS process and useful information on what steps you can take to insure CFIUS approval insure in transactions that might implicate national security.
» Download (mp3, 25 MB, 27 min.)
Q&A: The New Rulebook on Executive Compensation
Speaker: Bill Charyk, Managing Partner, Arent Fox
Covers the scope of IRC Section 409A including: consequences to executives and employers if there is a problem under Section 409A; past program features that can no longer be used; special rules and one time opportunities; and how stock options and year-end bonuses are affected by Section 409A.
» Download (mp3, 21 MB, 27 min.)
Q&A: Protecting Your Brands from Online Infringements and Cybersquatters
Speaker: Jim Davis, Associate, Arent Fox
Provides an in-depth look at cybersquatting including who cybersquats and why and who is at risk from cybersquatting activities. It also provides useful tools to protect trademark owners and companies against cybersquatters and practical advice on what to do if you learn that your name or mark has been stolen by a cybersquatter.
» Download (mp3, 19 MB, 27 min.)
Q&A: Protecting Your Firm from Rising Construction Costs
Speaker: David Pfeffer, Partner, Arent Fox
Highlights the market forces currently driving the national construction industry and construction price increases. It provides useful information on the impact of rising material costs on residential real estate and commercial development and public works projects, and advice on how real estate owners and developers can protect themselves from these increasing costs.
» Download (mp3, 15 MB, 27 min.)
