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Publications

04.13.07Shield Your Brands From Cybersquatters In China
Lee J. Eulgen, Lara V. Klapper

Abstract: In recent years, China has experienced substantial economic growth and become one of the leading global markets for new products and services. Companies wishing to participate in this expanding market are well advised to plan ahead by securing appropriate intellectual property rights in China before investing substantial resources into gaining a foothold in the Chinese market. To that end, domain name registrars are presently offering steep but temporary discounts to those interested in registering Chinese <.cn> domain names. This reduction lasts only until May 31, 2007, so now is a good time to register <.cn> domain names comprised of your brands before they are snared by a cybersquatter.

04.04.07CMS Permits NPI Contingency Plans

Abstract: To ensure continued flow of health care claims payments, CMS issued guidance on April 2 that allows covered entities to deploy “contingency plans” for conducting standard transactions without using National Provider Identifiers (“NPIs”) after the May 23, 2007 NPI compliance date. Only health care providers who obtain their NPIs by May 23, 2007 may rely on contingency plans to excuse their failure to use their NPIs in standard transactions. Health plans should have the capability to conduct standard transactions with NPIs after May 23, 2007 to qualify to deploy contingency plans. Hence, the guidance appears to offer relief primarily for compliant health care providers and health plans as they work through transaction testing and legacy-identifier-to-NPI “crosswalk” issues.

04.03.07Anti-Money Laundering for Hedge Funds
Dao Lee Boyle, Michael B. Gray, Christopher D. Mickus

Abstract: The lack of anti-money laundering AML regulation of hedge funds is a popular topic among some members of the U.S. Congress and the choir singing out for such regulation recently received an encore. The Senate Subcommittee on Homeland Security and Governmental Affairs issued a report last autumn recommending such regulation and specifying that the “regulation should apply to foreign-based hedge funds that are affiliated with U.S. hedge funds and invest in the United States.” Just last month, Senator Chuck Grassley (R-Iowa) offered legislation on SEC regulation of hedge funds that he claimed was relevant to homeland security concerns about the vulnerabilities of hedge funds. While Congress debates requiring hedge funds to register with the SEC, the Financial Crimes Enforcement Network (FinCEN) already has the legislative authority to impose AML regulations on hedge funds through a strict regulator that can enforce them – the Internal Revenue Service.

04.01.07Sidestepping 2035
Trusts & Estates
Lawrence I. Richman

Abstract: Estate planners tend to be wary of both an insured’s sale of a life insurance policy to an irrevocable insurance trust established by the insured and the sale by an existing irrevocable insurance trust to a new irrevocable insurance trust. Problem is, if the client dies within three years of the transfer, the asset will be included in his estate. But a recent revenue ruling offers several precepts that practitioners can follow to enable these transactions—and avoid the three-year inclusion rule. Neal Gerber Eisenberg partner and Private Wealth Services Practice Group chair Lawrence I. Richman authored an article that appears in the April 2007 edition of Trusts & Estates.

04.01.07China Domain Names
Global Intellectual Property Asset Management Report
Lee J. Eulgen, Lara V. Klapper

Abstract: Anyone with a Chinese-language website, or who wants to market and do business in China, should have a .cn domain name. Many speculators are currently attempting to capitalize on the domain name market in China by hoarding domain names with the .cn country code. It is therefore important to take steps – namely, attempting to register .cn domain names corresponding to your brand names – to, at a minimum, prophylactically protect your intellectual property. Neal Gerber Eisenberg Intellectual Property Practice Group attorneys Lee J. Eulgen and Lara V. Hirshfeld co-authored an article that appears in the April 2007 edition of Global Intellectual Property Asset Management Report.

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