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June 3, 2008, Alert No. 1,775.
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Supreme Court Denies Cert in Fantasy Sports Case

6/2. The Supreme Court denied certiorari in Major League Baseball v. CBC, a case regarding internet based fantasy baseball. See, Orders List [8 pages in PDF] at page 7. This lets stand the October 16, 2007, divided opinion [13 pages in PDF] of the U.S. Court of Appeals (8thCir). This is a victory for operators of internet based fantasy sports products, and a defeat for the sports leagues, which have sought to derive revenue for the licensing of fantasy sports products.

C.B.C. Distribution and Marketing, Inc (CBC) filed a complaint in U.S. District Court (EDMo) against the Major League Baseball Advanced Media (MLBAM) seeking a declaratory judgment regarding CBC's right to use the names of baseball players in connection with internet and e-mail based fantasy baseball products.

MLBAM counterclaimed alleging that CBC violated its right of publicity under state law. The MLB Players Association intervened. The District Court granted summary judgment to CBC.

The Court of Appeals affirmed. It concluded that the baseball players "offered sufficient evidence to make out a cause of action for violation of their rights of publicity under Missouri law", but that "CBC's first amendment rights in offering its fantasy baseball products supersede the players' rights of publicity". The Court of Appeals did not reach the issue of whether federal copyright law preempts the players' state law rights of publicity.

And now, the Supreme Court has declined to hear the case.

This case is Major League Baseball Advanced Media, L.P., et al. v. C.B.C. Distribution and Marketing, Inc., Supreme Court of the U.S., Sup. Ct. No. 07-1099, a petition for writ of certiorari to the U.S. Court of Appeals for the 8th Circuit, App. Ct. Nos. 06-3357/3358. The Court of Appeals heard appeals from the U.S. District Court for the Eastern District of Missouri. Judge Arnold wrote the opinion of the Court of Appeals, in which Judge Loken joined. Judge Colloton dissented.

See also, Supreme Court docket and story titled "8th Circuit Rules that First Amendment Supersedes Right of Publicity in Fantasy Baseball Case" in TLJ Daily E-Mail Alert No. 1,656, October 17, 2007.

Supreme Court Denies Cert in Perfect 10 v. Visa

6/2. The Supreme Court denied certiorari in Perfect 10 v. Visa, a case regarding secondary liability of payments processors for web site operators that engage in direct copyright and trademark infringement. See, Orders List [8 pages in PDF] at page 1.

This lets stand the July 3, 2007, divided opinion [59 pages in PDF] of the U.S. Court of Appeals (9thCir), which affirmed the District Court's dismissal of the copyright holder's complaint. See also, Supreme Court docket.

Perfect 10 [porn site] publishes a print magazine, and operates a web site, that display pictures of naked women. The women are young, and their images appeal to a prurient interest. P10 has registered copyrights with the Copyright Office. P10's business model includes generating revenues from magazine sales, web site subscriptions, and licensing.

Visa, MasterCard, and affiliated banks and data processing services process credit card payments to web site operators that infringe Perfect 10's intellectual property rights. Perfect 10 seeks to stop infringement via litigation against the payments processors.

Perfect 10 filed a complaint in U.S. District Court (NDCal) against Visa and others alleging secondary liability under federal copyright and trademark law, as well as the law of the state of California.

The District Court dismissed pursuant to Rule 12(b)(6), FRCP, for failure to state a claim upon which relief can be granted. The Court of Appeals affirmed. And now, the Supreme Court has refused to hear the case.

The Court of Appeals first addressed contributory infringement.

The Court of Appeals wrote that "one contributorily infringes when he (1) has knowledge of another’s infringement and (2) either (a) materially contributes to or (b) induces that infringement." However, it concluded that the defendants neither materially contributed to, nor induced, the infringement.

The Court of Appeals elaborated that "The credit card companies cannot be said to materially contribute to the infringement in this case because they have no direct connection to that infringement. Here, the infringement rests on the reproduction, alteration, display and distribution of Perfect 10’s images over the Internet. Perfect 10 has not alleged that any infringing material passes over Defendants’ payment networks or through their payment processing systems, or that Defendants’ systems are used to alter or display the infringing images. ... Nor are Defendants’ systems used to locate the infringing images."

The Court of Appeals distinguished this case from Perfect 10, Inc. v. Amazon.com, Inc. 487 F.3d 701, which involved secondary liability of internet search engines Amazon and Google. See, May 16, 2007, opinion [48 pages in PDF] of the 9th Circuit.

In that case the Court of Appeals wrote that "Google could be held contributorily liable if it had knowledge that infringing Perfect 10 images were available using its search engine, could take simple measures to prevent further damage to Perfect 10's copyrighted works, and failed to take such steps."

In the present opinion, the Court of Appeals wrote that "Helping users to locate an image might substantially assist users to download infringing images, but processing payments does not. If users couldn’t pay for images with credit cards, infringement could continue on a large scale because other viable funding mechanisms are available. For example, a website might decide to allow users to download some images for free and to make its profits from advertising, or it might develop other payment mechanisms that do not depend on the credit card companies."

The Court of Appeals added that "We acknowledge that Defendants’ payment systems make it easier for such an infringement to be profitable, and that they therefore have the effect of increasing such infringement, but because infringement of Perfect 10’s copyrights can occur without using Defendants' payment system, we hold that payment processing by the Defendants as alleged in Perfect 10’s First Amended Complaint does not constitute a ``material contribution´´ under the test for contributory infringement of copyrights."

The Court of Appeals also distinguished the present case from Fonovisa, Inc. v. Cherry Auction, Inc., 76 F.3d 259 (1996), in which the 9th Circuit held a flea market proprietor liable as a contributory infringer when it provided the facilities for and benefited from the sale of pirated works.

The Court of Appeals also distinguished the present case from A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004, in which the Court of Appeals held the designer and distributor of a file sharing program liable for contributory infringement, which, while capable of non-infringing use, was engineered to enable the easy exchange of pirated music and was widely so used. See, opinion.

The Court of Appeals next rejected the argument that the payments processors' conduct rose to the level of inducement within the scope of the Supreme Court's June 27, 2005, opinion [PDF] in MGM v. Grokster. See also, story titled "Supreme Court Rules in MGM v. Grokster" in TLJ Daily E-Mail Alert No. 1,163, June 28, 2005.

In that case, the Supreme Court held that "one who distributes a device with the object of promoting its use to infringe copyright, as shown by clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties."

In the present case, the Court of Appeals wrote that "Because Perfect 10 alleges no ``affirmative steps taken to foster infringement´´ and no facts suggesting that Defendants promoted their payment system as a means to infringe, its claim is premised on a fundamental misreading of Grokster that would render the concept of ``inducement´´ virtually meaningless."

The Court of Appeals next addressed vicarious infringement. It wrote that "To state a claim for vicarious copyright infringement, a plaintiff must allege that the defendant has (1) the right and ability to supervise the infringing conduct and (2) a direct financial interest in the infringing activity." (Footnote omitted.)

The Court concluded that "Perfect 10 has failed to show that Defendants have the right and ability to control the alleged infringing conduct".

Finally, the Court of Appeals addressed with brevity the trademark and state law claims.

This case is Perfect 10, Inc. v. Visa International Service Association, et al., Supreme Court of the U.S., Sup. Ct. No. 07-1026, a petition for writ of certiorari to the U.S. Court of Appeals for the 9th Circuit, App. Ct. No. 05-15170. The Court of Appeals heard an appeal from the U.S. District Court for the Northern District of California, D.C. No. CV-04-00371-JW, Judge James Ware presiding. Judge Milan Smith wrote the opinion of the Court of Appeals, in which Judge Stephen Reinhardt joined.

Judge Alex Kozinski wrote a 27 page dissenting opinion. Much of the majority opinion is devoted to responding to his dissent. He also wrote the April 3, 2008, majority opinion of the en banc panel of the Court of Appeals in FHCSFV v. Roommates.com, holding that an interactive computer service, such as Roommates.com, can be held liable for the speech of users, despite language to the contrary in Section 230. See, opinion [PDF] and story titled "En Banc 9th Circuit Panel Rejects Section 230 Immunity in Roommates.com Case" in TLJ Daily E-Mail Alert No. 1,741, April 2, 2008.

Donald Verrilli of the law firm of Jenner & Block represented Perfect 10 before the Supreme Court. Nancy Tompkins of Townsend and Townsend and Crew represented Visa, Andrew Bridges of Winston & Strawn represented MasterCard, and Michael Page of Keker & Van Nest represented First Data Corporation. In addition, Kelly Klaus of Munger Tolles & Olson represented the Motion Picture Association of America.

Reps. Thompson and Langevin Advocate Government Authority to Regulate Cyber Security

5/29. Rep. Bennie Thompson (D-MS), Chairman of the House Homeland Security Committee (HHSC), and Rep. James Langevin (D-RI), Chairman of the HHSC's Subcommittee on Emerging Threats, Cybersecurity, and Science and Technology, sent a letter [PDF] to Rep. John Dingell (D-MI), Chairman of the House Commerce Committee (HCC), regarding enactment of legislation to expand government authority to regulate cyber security practices related to protecting the bulk power system (BPS) from cyber attacks. See also, HHSC release.

The letter states that "The effective functioning of this infrastructure is highly dependent on computer-based control systems that are used to monitor and manage sensitive processes and physical functions. Once largely proprietary, closed systems, these control systems are becoming increasingly connected to open networks, such as corporate intranets and the Internet."

The letter continues that this conversion increasingly exposes the BPS to cyber threats from "foreign nation states, domestic criminals and hackers, and disgruntled employees working within an organization". Moreover, a cyber attack could result in a "catastrophic loses of power for long periods of time".

The letter continues that the North American Electric Reliability Corporation (NERC) lacks "authority to regulate potentially vulnerable cybersecurity assets" or "to issue orders to owners and operators in the event of an imminent exploitation of a BPS asset".

The Subcommittee held a hearing on May 21, 2008, at which Joseph Kelliher, Chairman of the Federal Energy Regulatory Commission (FERC) stated that additional authority is necessary to adequately protect the BPS against cyber attack. See, prepared testimony [11 pages in PDF].

See also, May 21, 2008, statement [PDF] by Rick Sergel, P/CEO of the NERC.

Rep. James LangevinHence, Rep. Thompson and Rep. Langevin (at right) conclude in their letter that "a statutory mechanism is necessary to protect the grid against cyber security threats". More specifically, they want the Congress to enact legislation that would amend the Federal Power Act (FPA) to give the FERC authority to order cybersecurity standards to protect the reliability of the BPS upon "a finding by a national security or intelligence agency that there is a national security threat to the BPS". Moreover, these orders "could be kept confidential".

The "grid" would include generator owners, generator operators, transmission owners, and transmission operators. Some of these are publicly owned, and some are cooperatives. Many of these suffer from managerial incompetencies. See for example, discussion below of the Government Accountability Office (GAO) report on deficient information security practices at the Tennessee Valley Authority (TVA).

On the other hand, the "grid" also includes private sector companies involved in generating and transmitting electricity. Also, there is the matter of large electricity consumers. Reps. Thompson's and Langevin's letter does not specify what entities would be subject to the regulatory authority that they propose.

The GAO released a report [62 pages in PDF] on May 21 on cyber security at the TVA, a huge government owned utility. The report states that the TVA "has not fully implemented appropriate security practices to protect the control systems used to operate its critical infrastructures. TVA’s corporate network infrastructure and its control systems networks and devices at individual facilities and plants reviewed were vulnerable to disruption."

For example, the report states that "on the corporate network, one remote access system we reviewed that was used for the network was not securely configured, and individual workstations we reviewed lacked key patches and had inadequate security settings for key programs. Further, network infrastructure protocols and devices provided limited protections. In addition, the intrusion detection system that TVA used had significant limitations on its ability to effectively monitor the network. For example, although a network intrusion detection system was deployed by TVA to monitor network traffic, it could not effectively monitor certain data for key computer assets."

The report continues that "On control systems networks, firewalls were bypassed or inadequately configured, passwords were not effectively implemented, logging of certain activity was limited, configuration management policies for control systems software were not consistently implemented, and servers and workstations lacked key patches and effective virus protection."

Also, "physical security at multiple locations did not sufficiently protect critical control systems".

More News

6/2. The Copyright Office (CO) published a notice in the Federal Register that announces, describes, recites, and sets the comment deadlines for, its proposed rule changes regarding retransmission of digital television broadcast signals by cable operators pursuant to 17 U.S.C. § 111. The CO does not seek comments in this proceeding on internet retransmission of digital broadcast signals. Initial comments are due by July 17, 2008. Reply comments are due by September 2, 2008. See, Federal Register, June 2, 2008, Vol. 73, No. 106, at Pages 31399-31415.

6/2. The Supreme Court denied certiorari in Apotex Corporation v. Merck & Co., Inc., Sup. Ct. No. 07-1238, a patent case. See, Orders List [8 pages in PDF] at page 7. This lets stand the November 16, 2007, opinion [11 pages in PDF] of the U.S. Court of Appeals (FedCir). See also, Supreme Court docket.

Washington Tech Calendar
New items are highlighted in red.
Tuesday, June 3

The House will return from its Memorial Day recess. It will meet at 2:00 PM for legislative business. Votes will be postponed at least until 6:30 PM. The House is scheduled to consider numerous bills under suspension of the rule, including HR 4106 [LOC | WW], the "Telework Improvements Act of 2008", and HR 4791 [LOC | WW], the "Federal Agency Data Protection Act". See, Rep. Hoyer's schedule for week of June 2, and schedule for June 3.

The Senate will meet at 10:00 AM for morning business. It will then resume consideration of S 3036 [LOC | WW], the "Lieberman-Warner Climate Security Act of 2008".

8:30 AM - 12:00 NOON. The Information Technology Association of America (ITAA) will host a half day conference titled "Level 3 Authentication: When Pin & Password Aren’t Enough". See, notice. Prices vary. Location: JW Marriot Hotel.

9:00 AM - 4:30 PM. The Department of Commerce's (DOC) National Institute of Standards and Technology's (NIST) Judges Panel of the Malcolm Baldrige National Quality Award will hold a closed meeting to discuss applicants and award criteria. See, notice in the Federal Register: May 16, 2008, Vol. 73, No. 96, at Page 28433. Location: Administration Building, Lecture Room A, Gaithersburg, MD.

2:30 PM. The Senate Banking Committee will hold a hearing on pending nominations, including Christopher Wall to be Assistant Secretary of Commerce for Export Administration, and Luis Aguilar, Troy Paredes, and Elise Walter to be members of the Securities and Exchange Commission (SEC). See, notice. Location: Room 538, Dirksen Building.

6:30 - 9:00 PM. The DC Bar Association will host a program titled "The Gates Foundation's Global Access Principles: Striking the Balance". The speaker will be Erik Iverson (Gates Foundation Associate General Counsel). The price to attend ranges from $8 to $20. For more information, contact 202-585-9654. See, notice. Location: Finnegan Henderson, 10th floor, 901 New York Ave., NW.

Day one of a two day conference hosted by the National Institute of Standards and Technology (NIST) titled "Applications of Pairing-Based Cryptography: Identity-Based Encryption and Beyond". See, notice. The basic price to attend is $145. Registrations are due by May 27, 2008. Location: NIST, Green Auditorium, 100 Bureau Drive, Gaithersburg, MD.

TIME? Day one of a two day invitation only conference hosted by the Business Software Alliance (BSA) titled "BSA CEO Forum". See, notice. Location?

Wednesday, June 4

The House will meet at 10:00 AM for legislative business. The House may consider HR 5940 [LOC | WW], the "National Nanotechnology Initiative Amendments Act of 2008", and/or HR 5893 [LOC | WW, the "Library of Congress Sound Recording and Film Preservation Programs Reauthorization Act of 2008", under suspension of the rules. See, Rep. Hoyer's schedule for week of June 2.

10:00 AM. The House Commerce Committee's (HCC) Subcommittee on Health will hold a hearing titled "Discussion Draft of Health Information Technology and Privacy Legislation". See also, HCC memorandum [6 pages in PDF] and draft bill [89 pages in PDF]. This hearing will be webcast by the HCC. Location: Room 2123, Rayburn Building.

1:00 - 5:00 PM. Day one of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, May 14, 2008, Vol. 73, No. 94, at Page 27797. Location: George Washington University, Dining Room Conference, 1918 F St., NW.

6:00 - 8:15 PM. The Federal Communications Bar Association's (FCBA) International Practice and Privacy and Data Security Committees will host an event titled "Addressing Privacy Issues Abroad: The Global Privacy Framework for Communications and Media Companies". See, registration page. This event qualifies for continuing legal education (CLE) credits. Prices vary. For more information, contact Yaron Dori at ydori at hhlaw dot com or Jennifer Ullman at Jennifer dot ullman at verizon dot com. Location: Hogan & Hartson, 13th floor, West Tower, 555 13th St., NW.

Day two of a two day conference hosted by the National Institute of Standards and Technology (NIST) titled "Applications of Pairing-Based Cryptography: Identity-Based Encryption and Beyond". See, notice. The basic price to attend is $145. Registrations are due by May 27, 2008. Location: NIST, Green Auditorium, 100 Bureau Drive, Gaithersburg, MD.

TIME? Day two of a two day invitation only conference hosted by the Business Software Alliance (BSA) titled "BSA CEO Forum". See, notice. Location?

Deadline to submit initial comments to the Federal Communications Commission (FCC) in response to its Second Further Notice of Proposed Rulemaking (2ndFNPRM) regarding satellite carriers' carriage obligations under Section 338 of the Communications Act as the high definition (HD) carriage requirement becomes effective. The FCC adopted its Second Report and Order, Memorandum Opinion, and 2ndFNPRM on March 19, 2008, and released the text on March 28, 2008. It is FCC 08-86 in CS Docket No. 00-96. See, notice in the Federal Register, May 5, 2008, Vol. 73, No. 87, at Pages 24515-24519. See also, story titled "FCC Releases DBS HD Carry One Carry All Order" in TLJ Daily E-Mail Alert No. 1,738, March 27, 2008.

Thursday, June 5

The House will meet at 10:00 AM for legislative business. See, Rep. Hoyer's schedule for week of June 2.

8:30 AM - 5:00 PM. Day two of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, May 14, 2008, Vol. 73, No. 94, at Page 27797. Location: George Washington University, Cafritz Conference Center, Room 310 (Elliott Room), 800 21st St., NW.

3:00 - 5:15 PM. The Federal Communications Bar Association (FCBA) will host a class titled "Essentials of Engineering for Telecommunications Policy Reform". The speaker will be Dale Hatfield. This event qualifies for continuing legal education (CLE) credits. See, notice. Location: Hogan & Hartson, 555 13th St., NW.

6:00 - 8:15 PM. The DC Bar Association will host a program titled "Beyond Smoke-Filled Rooms and Lavish Lunches: Lobbying in the 110th Congress". The speakers will be Irene Bueno (Nueva Vista Group) and Monte Lake (Siff & Lake). The price to attend ranges from $80 to $115. For more information, contact 202-626-3488. This event qualifies for continuing legal education (CLE) credits. See, notice. Location: DC Bar Conference Center, B-1 Level, 1250 H St., NW.

Friday, June 6

The House will meet at 9:00 AM for legislative business. See, Rep. Hoyer's schedule for week of June 2.

8:00 AM - 4:30 PM. Day three of a three day meeting of the National Institute of Standards and Technology's (NIST) Information Security and Privacy Advisory Board (ISPAB). See, notice in the Federal Register, May 14, 2008, Vol. 73, No. 94, at Page 27797. Location: George Washington University, Cafritz Conference Center, Room 310 (Elliott Room), 800 21st St., NW.

12:00 NOON. The Cato Institute will host an event titled "Globalization and the World's Rising Living Standards". The speaker will be Johan Norberg, author of the book [Amazon] titled "In Defense of Global Capitalism". See, notice and registration page. Lunch will be served. This event will be webcast by Cato. Location: Room B-338, Rayburn Building.

2:00 PM. The Senate Government Affairs and Homeland Security Committee will hold a hearing titled "National Security Bureaucracy for Arms Control, Counterproliferation, and Nonproliferation Part II: The Role of the Department of State". The witnesses will be Patricia McNerney and Linda Taglialatela of the Department of State. See, notice. Location: Room 342, Dirksen Building.

Effective date of the Department of Health and Human Services' (DHHS) Centers for Medicare & Medicaid Services final rule regarding electronic prescriptions. See, notice in the Federal Register, April 7, 2008, Vol. 73, No. 67, at Pages 18917-18942.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to the Media Bureau's public notice (DA 08-752) regarding changes to its annual reporting forms that request certain employee data from multichannel video programming distributors (FCC Form 395-A) and broadcasters (FCC Form 395-B). See, notice in the Federal Register, April 21, 2008, Vol. 73, No. 77, at Pages 21346-21347.

Deadline to submit reply comments to the Federal Communications Commission (FCC) in response to its notice of proposed rulemaking (NPRM) regarding changes to its Schedule of Regulatory Fees. This NPRM is FCC 08-126 in MD Docket No. 08-65. See, notice in the Federal Register, May 28, 2008, Vol. 73, No. 103, at Pages 30563-30591.

Monday, June 9

8:30 AM - 5:00 PM. Day one of a two day meeting of the Judicial Conference of the United States' Committee on Rules and Practice and Procedure. See, notice in the Federal Register, March 25, 2008, Vol. 73, No. 58, at Pages 15777-15778. Location: Thurgood Marshall Federal Judiciary Building, Mecham Conference Center, One Columbus Circle, NE.

5:00 PM. Deadline to submit comments to the National Telecommunications and Information Administration (NTIA) in response to it notice of proposed rulemaking regarding its Digital To Analog Converter Box Coupon Program. The NTIA proposes to waive the eligible household and application requirements for individuals residing in nursing homes or other senior care facilities. See, notice in the Federal Register, April 24, 2008, Vol. 73, No. 80, at Pages 22120-22124.

Deadline to submit comments to the Department of Homeland Security (DHS) in response to its request for comments regarding its interim final rule [48 pages in PDF] that extends the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. This rule change compensates in a limited way for the Congress's failure to enact legislation to increase the annual cap on the number of H1B visas. See, story titled "DHS Extends OPT to 29 Months As Congress Sits on H1B Reform Proposals" in TLJ Daily E-Mail Alert No. 1,742, April 7, 2008, and notice in the Federal Register, April 8, 2008, Vol. 73, No. 68, at Pages 18944-18956.

Tuesday, June 10

8:00 AM - 5:00 PM. Day one of a two day meeting of the National Institute of Standards and Technology's (NIST) Visiting Committee on Advanced Technology (VCAT) titled "NIST's Roles in the Innovation Ecosystem". See, notice in the Federal Register, May 6, 2008, Vol. 73, No. 88, at Page 24950. Location: NIST, Administration Building, Employees Lounge, Gaithersburg, MD.

8:30 AM - 5:00 PM. Day two of a two day meeting of the Judicial Conference of the United States' Committee on Rules and Practice and Procedure. See, notice in the Federal Register, March 25, 2008, Vol. 73, No. 58, at Pages 15777-15778. Location: Thurgood Marshall Federal Judiciary Building, Mecham Conference Center, One Columbus Circle, NE.

9:30 AM. The House Commerce Committee's (HCC) Subcommittee on Telecommunications and the Internet will hold a hearing titled "Status of the DTV Transition: 252 Days and Counting". This hearing will be webcast by the HCC. Location: Rooom 2123, Rayburn Building.

6:00 - 8:15 PM. The Federal Communications Bar Association (FCBA) will host an event titled "Judicial Year in Review". The speakers will be Sam Feder (Jenner and Block), Ian Gershengorn (Jenner & Block), Andrew McBride (Wiley Rein), Joseph Palmore (Federal Communications Commission) and Richard Welch (FCC). This event qualifies for continuing legal education (CLE) credits. See, notice. Location: Wiley Rein, 1776 K St., NW.

CANCELLED. The U.S. Patent and Trademark Office's (USPTO) Trademark Public Advisory Committee (TPAC) will meet.

People and Appointments

6/2. President Bush announced his intent to nominate Gregory Garre to be the Solicitor General at the Department of Justice, and to designate him acting Solicitor General. He is currently the Principal Deputy Solicitor General. Previously, he worked for the law firm of Hogan & Hartson. If confirmed, he will replace Paul Clement. See, White House release.

6/2. Walter Ricciardi will retire from the Securities and Exchange Commission (SEC), where he is Deputy Director of the Division of Enforcement. He will join the New York office of the law firm of Paul Weiss Rifkind Wharton & Garrison. See, SEC release.

5/29. Rosalind Tyson was named Regional Director of the Securities and Exchange Commission's (SEC) Los Angeles Regional Office, which oversees enforcement and examination functions in southern California, Arizona, Nevada, and Hawaii. She is currently acting Regional Director. She replaces Randall Lee. See, SEC release.

5/29. President Bush announced his intent to nominate five persons to be members of the Board of Directors of the Corporation for Public Broadcasting (CPB):
  • Lori Gilbert for the remainder of a six year term expiring on January 31, 2012,
  • Cheryl Halpern for the remainder of a six year term expiring on January 31, 2014,
  • former Sen. David Pryor (D-AR) for the remainder of a six year term expiring on January 31, 2014,
  • Bruce Ramer for the remainder of a six year term expiring on January 31, 2012, and
  • Liz Sembler for the remainder of a six year term expiring on January 31, 2014.
See, White House release.

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