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jonathan b wilson jonathan b wilson home biography publications legal resources business law updates out of balance legislation for renewable energy jonathan wilson is an atlanta attorney with more than 19 years of experience guiding growing private and public companies he currently serves as the outside general counsel of several companies and is the former general counsel of web com com nasdaq wwww and easylink services nasdaq esic he is also the founding chair of the renewable energy committee of the american bar association s public utility section tuesday august 28 2012 doj to issue guidance on foreign corrupt practices act assistant attorney general lanny breur announced at a conference recently that the department of justice would be issuing new guidance on the u s foreign corrupt practices act the foreign corrupt practices act or fcpa is a u s law that dates back to the 1970s and prohibits u s companies and their agents from making payments to foreign government officials to induce them to act in derogation of their duties the law was originally intended to prevent u s oil companies from bribing their way into lucrative drilling contracts in the middle east but the law is flexible enough to cover many other situations because the law can bring criminal sanctions officers and employees of u s companies need to exercise extreme care when negotiating contracts outside the u s the new guidance should be helpful to attorneys who advise u s companies on international sales representative and reseller contracts 8 48 am edt monday june 25 2012 awaiting a ruling on obamacare as all eyes remain glued on the supreme court awaiting a ruling on the affordable care act it seems hard to avoid the conclusion that this is going to be a bad week for president obama 1 his attorney general is almost certain to be held in contempt of congress this week over a botched gun walking project that would be comical if it weren t for the fact that it resulted in the death of at least one u s border patrol agent 2 the eurozone remains mired in a financial crisis the result of following policies of precisely the sort president obama would implement in the u s if it were up to him and the only thing the europeans can agree on is that they disagree with the u s president and 3 elected officials from his own party seem to be tripping over each other to avoid endorsing the president or appearing at his convention this summer if the supremes uphold obamacare the ruling will further enrage the 55 or more of americans who want the law overruled if the supremes strike down obamacare they demonstrate that obama wasted the bulk of his first term in office which was dominated by the buildup to his health care law the week feels like it is going to be the beginning of the end for this presidency 8 48 am edt friday june 22 2012 cei sues over constitutionality of dodd frank the competitive enterprise institute has filed a constitutional challenge to parts of the dodd frank wall street reform and consumer protection act complaint the complaint argues that dodd frank represents an unprecedented exercise of illegally unchecked government power it puts control of practically every financial institution into the hands of several new agencies one of them the consumer finance protection bureau cfpb is run by a single director put into office by president obama through an illegal recess appointment as a whole dodd frank aggregates the power of all three branches of government in one unelected unsupervised and unaccountable bureaucrat said former white house counsel c boyden gray wsj why dodd frank is unconstitutional there are no effective checks and balances to assure the public of accountability most importantly congress exercises no power of the purse over dodd frank s cfpb because the agency is funded not by congress but by the federal reserve amounting to approximately 400 million that congress cannot touch the president cannot carry out his constitutional obligation to take care that the laws be faithfully executed because the president cannot remove the cfpb director except under limited circumstances judicial review of the cfpb s actions is limited because dodd frank requires the courts to give extra deference to the cfpb s legal interpretations this unaccountable power over the daily lives of the american people results in a lack of public accountability creating a power grab over every u s citizen it also threatens to restrict the availability and increase the cost of such things as mortgages and banking accounts cei has successfully challenged such unchecked bureaucracy before in 2010 the supreme court sided with cei in striking down parts of the sarbanes oxley law because it too created an unaccountable agency the public accounting oversight board 9 21 am edt thursday june 21 2012 all eyes on the supremes all eyes these days seem to be focused on the supreme court waiting for a ruling on the affordable care act a k a obamacare scotusblog scotusblog is reporting that it has over 70 000 readers watching its live blog of the supreme court s opinion day 10 23 am edt friday august 12 2011 11th circuit rules obamacare unconstitutional the eleventh circuit court of appeals in a 2 1 decision has struck down the individual mandate of president obama s healthcare law in a ruling issued today in state of florida v u s dept of hhs 11 11021 hh 2 28 pm edt 2012 08 01 2012 06 01 2011 08 01 2011 07 01 2011 06 01 2011 05 01 2011 04 01 2011 02 01 2011 01 01 2010 08 01 2010 07 01 2010 06 01 2010 05 01 2010 04 01 2010 03 01 2010 02 01 2010 01 01 2009 12 01 2009 11 01 2009 10 01 2009 09 01 2009 08 01 2009 07 01 2009 06 01 2009 05 01 2009 04 01 2009 03 01 2009 02 01 2009 01 01 2008 12 01 2008 11 01 2008 10 01 2008 09 01 2008 08 01 2008 07 01 2008 06 01 2008 05 01 2008 04 01 2008 03 01 2008 02 01 2007 11 01 2007 10 01 2007 08 01 2007 07 01 2007 06 01 2007 05 01 2007 04 01 2007 03 01 2007 02 01 2007 01 01 2006 12 01 2006 11 01 2006 10 01 2006 09 01 2006 08 01 2006 07 01 2006 06 01 2006 05 01 2006 04 01 2006 03 01 2006 02 01 2006 01 01 2005 12 01 2005 11 01 2005 10 01 2005 09 01 2005 08 01 2005 07 01 2005 06 01 2005 05 01 2005 04 01 2005 03 01 2005 02 01 2005 01 01 web www jonathanbwilson com renewable energy sites taylor english duma renewable energy blog renewableenergymemo blog roll adam smith esq becker posner charles a krugel cyberlawcentral dean barnett ernie the attorney howappealing bill heinze s ip updates instapundit iowahawk kierkegaard lives law limits mayitpleasethecourt martin grace michelle malkin overlawyered powerline pointoflaw pardon my english realclearpolitics rightcoast rob hyndman larry ribstein roger scruton spitzerwatch suitsintheworkplace 10b 5 daily the conglomerate 3l epiphany tom kirkendall volokh conspiracy wiredgc join the mailing list email phone 404 353 4833 jbw jonathanbwilson com terms of use jonathan b wilson is an atlanta attorney at the law firm of taylor english duma llp jonathan b wilson provides legal advice to investors companies and business executives involving corporate law securities law sec matters intellectual property website and internet legal issues start ups limited liability companies partnerships 1934 act matters outsourcing strategic alliance agreements contracts and other matters of importance to growing private and publicly traded companies