An Alberta, Canada judge has allowed for the certification of a class-action against the Western Hockey League (WHL). The five U.S.-based teams are exempt from the class action since they are outside the courts purview. Players are suing the league for back wages, overtime, and vacation pay. This suit mirrors two others that are proceeding against the Ontario Hockey League and the Quebec Major Junior Hockey League. The players claim they are employees and should be paid at least minimum wage. Currently, the players receive…

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On June 21, 2017, Governor Asa Hutchinson announced the appointment of J. Cliff McKinney II to the Commission on Uniform State Laws. The Uniform Law Commission (ULC, also known as the National Conference of Commissioners on Uniform State Laws) was founded in 1892 to study and review the law of the states to determine which... Read More The post Cliff McKinney Appointed to Commission on Uniform State Laws appeared first on Quattlebaum, Grooms and Tull.

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Contributed by James F. Hendricks, Jr., June 23, 2017 On July 1, 2017, Chicagos Minimum Wage increases to $11.00 per hour for non-tipped employees and $6.10 for tipped employees (Chicago Municipal Code 1-24). Cook Countys new minimum wage is $10.00 per hour for non-tipped and $4.95 for tipped employees. IMPORTANT NOTICE REQUIREMENTS: All employers that […]

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U.S. District Court Judge Ketanji Brown issued a temporary restraining order preventing DraftKings and FanDuel from completing their merger as the Federal Trade Commission (FTC) seeks a preliminary injunction. The proposed merger would keep both websites operational. DraftKings CEO Jason Robbins will be the CEO of the merged company and FanDuel CEO Nigel Eccles will become Chairman of the Board. Even though both companies will still be operating and consumers will have a choice of which to use, the FTC argues the merger will…

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Over the last several months, the United States Supreme Court has issued a number of opinions that have broad implications to the automotive industry, particularly on the eve of commercial launches of autonomous vehicles. These opinions cover obscure legal issues from forum shopping for the purpose of taking advantage of Texas “Rocket Docket” to whether accused patent infringers can assert a defense of laches.

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When we design a mock trial where jurors are read instructions and deliberate to a verdict form we concentrate on presenting the case facts, witnesses, and evidence in a way that will impact jurors story of the case similarly to a real life trial. As such, we typically wait until after jurors hear […] The post Commitment Effects: Does Asking Verdict Questions Early Commit Mock Jurors to a Position appeared first on Litigation Insights.

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The Federal Trade Commission (FTC) and the attorney generals for California and the District of Columbia will file a complaint to prevent the merger of FanDuel and DraftKings while the FTC is reviewing the merger process. FanDuel and DraftKings make up 95 percent of the daily fantasy sports market. The FTC argues the merger would deprive customers of the substantial benefits of direct competition. The companies announced the merger in November 2016, in large part to cut their legal bills. At the time, the…

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In a greatly-anticipated decision (particularly by the Washington Redskins), the Supreme Court ruled today that the U.S. government cannot refuse federal registration of an offensive trademark, holding that such a restriction violates the First Amendment. The decision was a significant victory for not only Simon Tam (respondent in the case) and his band, The Slants, … Continue reading "Supreme Court Rules That Government Cannot Ban Offensive Trademarks" The post Supreme Court Rules That Government Cannot Ban Offensive Trademarks appeared first on The Sports & Outdoor Recreation Blog.

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New regulations issued by the California Fair Employment and Housing Council, effective July 1, 2017, limit California employers’ use of criminal history when making employment decisions. The regulations prohibit employers from utilizing criminal history in employment decisions if doing so would have an adverse impact on a protected class (such as race or gender), unless the employer can demonstrate that its policy or practice is job-related and consistent with business necessity. Even if an employer can make this demonstration, however, the employee or applicant can challenge the policy or practice by showing that there is a less discriminatory alternative means of…

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Contributed by Beverly Alfon, June 21, 2017 Imagine that in order to increase time and attendance record accuracy and efficiency, you have invested in a new biometric time clock system. This makes good business sense and overall, it is a straightforward issueuntil HR tells you that an employee has refused to use the time clock […]

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On May 16, 2017, the Nebraska Legislature passed L.B. 268 that expands asset recovery for Medicaid beneficiaries.  Under the new bill, the definition of "estate" will now include any real estate, personal property, or other assets in which a Medicaid beneficiary had any legal title or interest, at or just prior to death, including insurance policies and annuities (unless paid for by someone other than the Medicaid beneficiary or his or her spouse), securities, bank accounts, intellectual property rights, contractual or lease rights, or other similar assets.  Assets that are excluded from recovery include insurance proceeds or trust accounts meant…

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“MCL 722.27b provides grandparents in certain situations the means to seek an order for grandparenting time.” However, in Geering v. King, No. 335794, the Court of Appeals found that this cannot come at the expense of limiting the right of fit parents, who may, for reasons the courts may disagree with, choose to limit the amount of time that their children spend with their grandparents.

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The 119th meeting of the Arkansas Bar Association was held in Hot Springs, Arkansas, June 14-16, 2017. The meeting provided a program of continuing education, a forum for conversations on important hot topics, an opportunity to learn from legal giants, and the opportunity to hear messages from the Governor of Arkansas, the Arkansas Attorney General,... Read More The post 2017 Arkansas Bar Association Annual Meeting appeared first on Quattlebaum, Grooms and Tull.

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639 F.Appx 639 (Fed. Cir. 2016), cert. granted (June 12, 2017) (No. 16-712) Supreme Court of the United States The Supreme Court has granted certiorari in Oil States Energy Services LLC v. Greenes Energy Group, LLC to examine the constitutionality of inter partes review proceedings by the United States Patent and Trademark Office (PTO). Specifically, … Continue reading "Oil States Energy Services LLC v. Greenes Energy Group, LLC" The post Oil States Energy Services LLC v. Greenes Energy Group, LLC appeared first on The Intellectual Property Blog.

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In People v. Anderson, Case No. 155172, the Michigan Supreme Court granted mini-oral argument regarding a district court’s ability to consider the credibility of witnesses at a preliminary examination, specifically when determining whether to bind over a defendant. The court’s holding in a previous case, People v. Yost, mandates that a magistrate should not refuse to bind over a defendant simply because the evidence conflicts or raises a reasonable doubt. The court will therefore hear arguments from the parties addressing the manner in which a magistrate can consider witness credibility in light of Yost. 

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This year’s entire day of appellate goodness and CLE credits will take place on Friday, September 15 at the State Bar Center in Albuquerque. We are thrilled to have, as our keynote speaker, the Honorable James E. Graves, Jr. of … Continue reading →

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Today the New Mexico Supreme Court issued its decision in Thompson v. City of Albuquerque, holding that the Tort Claims Act waives the state government’s sovereign immunity for loss of consortium claims. The case was brought by the minor children … Continue reading →

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Last month, the Supreme Court decided TC Heartland LLC v. Kraft Foods Group Brands LLC, which narrowed the definition of where a corporate defendant "resides" for the purpose of suing it for patent infringement. In doing so, it overturned the 1994 holding of the Federal Circuit of what constitutes proper venue in patent infringement cases. Federal law allows a Plaintiff to bring a patent infringement suit against a defendant in any district where one of two conditions are met. The plaintiff can choose to go to the district where a corporate defendant resides, or the plaintiff can sue where the…

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The recent instances of violence in the workplace remind us of the complex task facing employers. Employers must maintain a safe work environment for employees while operating within the parameters of the many laws that protect employment interests. Reportedly, every year, approximately 2 million Americans fall victim to workplace violence. According to OSHA and the Bureau of Labor Statistics Census of Fatal Occupational Injuries, homicide is the fourth highest cause of workplace fatalities in the United States. The scope of what and how workplace violence may occur is broad. It can involve conduct between employees, employees and customers, and employees…

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The Michigan Department of State’s computerized database constitutes writing that is used to perform an official function, thus making it subject to the Freedom of Information Act (“FOIA”), said the Michigan Court of Appeals in Ellison v. Department of State, No. 336759.

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Contributed by Rebecca Dobbs Bush, June 16, 2017 Summer is unofficially here. Kids are out of school. Many employees are checking their vacation balances to see how much time they can take off work. For HR, vacation balances can be incredibly time-consuming. You have to worry about different accrual rates for different employees and set […]

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When it comes to shoes, patents and trademarks are a good fit when it comes to protecting one’s intellectual property rights. This article is noteworthy, not because the Plaintiff did not prevail on its patent claims, but because it reminds athletic clothing/footwear brands that that protection is not all about trademarks….utility and design patents can … Continue reading "Skechers Kicks Adidas’ Claims In Sneaker Patent Case – Law360" The post Skechers Kicks Adidas’ Claims In Sneaker Patent Case – Law360 appeared first on The Sports & Outdoor Recreation Blog.

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Your trial graphics do not live in a vacuum. Their success is based solely on their effectiveness with the audience your jurors. Of course, no two jurors are exactly alike; their needs and wants are a moving target. So how can our graphics possibly meet the communication expectations of every juror One valuable way […] The post New Medias Impact on Jurors – Part II appeared first on Litigation Insights.

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The Patient Protection and Affordable Care Act (ACA) added Section 501(r) to the Internal Revenue Code (the "Code").  Section 501(r) of the Code put in place a number of new requirements for tax-exempt hospitals, including provisions related to financial assistance policies (FAP), limitations on charges, and billing and collection matters.  Every tax-exempt 501(c)(3) hospital, including "dual status" governmental hospitals (those governmental hospitals that separately obtained 501(c)(3) status), must have adopted and implemented financial assistance and billing and collection policies that comply with the final 501(r) regulations.  If a tax-exempt hospital has done nothing to its financial assistance and…

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Nieves & Nieves LLC sought to register the word mark ROYAL KATE for a number of fashion products, including cosmetics, jewelry, handbags, bedding, and clothing. The application included a statement that the mark does not identify a particular living individual. In the precedential opinion in In re Nieves & Nieves LLC, the Trademark Trial and … Continue reading "A nickname for a celebrity can be as good as his/her real name, regardless of whether the celebrity uses the trademark themselves" The post A nickname for a celebrity can be as good as his/her real name, regardless of whether the celebrity…

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The Biologics Price Competition and Innovation Act of 2009 (BPCIA), codified in 42 U.S.C. 262, ushered in a new wave of patent litigation for large molecules, and a bounty of questions regarding the application and interpretation of the statue. In Sandoz v. Amgen, –U.S.–, June 12, 2017, The Supreme Court weighed in for the … Continue reading "Supreme Court Boosts Biosimilars By Allowing Early Notice" The post Supreme Court Boosts Biosimilars By Allowing Early Notice appeared first on The Intellectual Property Blog.

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Agreements within employment contracts and employee handbooks continue to be subject to strict scrutiny by the NLRB. In a recent decision, the Sixth Circuit enforced an NLRB Order finding multiple NLRA violations for prohibiting employees from engaging in collective bargaining. The issue should be of interest to all employers given the common misconception that the NLRA only applies to unionized employers.

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In its recent decision in Hillcrest Coatings, Inc. v. Colony Ins. Co., 2017 N.Y. App. Div. LEXIS 4519 (N.Y. 4th Dept June 9, 2017), the Supreme Court of New York, Appellate Division, Fourth Department, had occasion to consider coverage under … Continue reading →

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Long-term care (LTC) facilities received a boost last week when the Centers for Medicare and Medicaid Services (CMS) reversed its position regarding the use of arbitration agreements in this setting. On June 8, 2017, CMS published a proposed rule amending LTC facilities’ conditions of participation in the Medicare and Medicaid programs to remove prohibitions on binding pre-dispute arbitration agreements. According to CMS, the proposed rule would increase the transparency of arbitration agreements in LTC facilities, support residents' right to make informed choices, and eliminate unnecessary burdens on providers. The revised rule comes in the wake of the U.S. Supreme Court's May 15 decision,…

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Part I Jurors: Then vs. Now Your trial graphics do not live in a vacuum. Their success is based solely on their effectiveness with the audience your jurors. Of course, no two jurors are exactly alike; their needs and wants are a moving target. So how can our graphics possibly meet the communication expectations […] The post New Medias Impact on Jurors (and How Your Trial Graphics Should Respond) appeared first on Litigation Insights.

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Anyone who follows this blog knows that I am an advocate for arbitration agreements because of the benefits they offer parties to a dispute. They can streamline dispute resolution, reduce costs of resolution, make the process more predictable because the parties control the terms, and allow for confidentiality, all while allowing the complainant to have his or her day in court. The availability of arbitration was initially jeopardized by the November 28, 2016 regulations from the Centers for Medicare and Medicaid Services (CMS), with its eleventh hour attempt to pass regulations prohibiting pre-dispute arbitration agreements in the skilled care setting.…

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June 2017 by Justice J. Brooks I | Since the passage of the Arkansas Medical Marijuana Amendment of 2016 (“Medical Marijuana Amendment”), marijuana-related business (“MRBs”) are soliciting lawyers to provide legal advice and assistance. Some have posited that a lawyer advising or assisting a client on the cultivation or dispensing of marijuana under state law... Read More The post The Ethics of Representing Marijuana-Related Businesses appeared first on Quattlebaum, Grooms and Tull.

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After more than 22 years of service on the New Mexico Court of Appeals, Judge Jim Wechsler has announced that he will be retiring on July 31, 2017, according to this story by Phaedra Haywood in the Santa Fe New … Continue reading →

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Owners, operators, pedestrians and even suppliers, beware! Tesla’s CEO recently announced that Tesla is going to skip traditional prototype testing and go straight to production in order to make a September deadline to provide “production vehicles” to the nearly 300,000 beta-testers (I mean, purchasers) of this new vehicle.  

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Last year, I noted that several judges around the country were expressing concern that state anti-SLAPP statutes were being applied to cases that did not appear intended to chill legitimate speech. For example, a Texas state appellate judge, in a section of his concurring opinion titled The Elephant In the Room, lamented the breadth of the Texas anti-SLAPP statute and that it was being used to dismiss suits that were not actual Strategic Lawsuits Against Public Participation: while the TCPA might indeed capture some legal actions that are truly SLAPPs as conventionally understood, the vastness of the range of legal…

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Wetlands in front of the Lincoln Memorial, 1917, before construction of the reflecting pool On February 28, 2017, President Trump signed an executive order directing EPA to review the Waters of the United States Rule (the WOTUS Rule). Exec. Order No. 13778, 82 Fed. Reg. 12497 (Feb. 28, 2017). The order directed EPA and the … Continue reading "Trump Administration Working to Repeal and Replace the Clean Water Rule" The post Trump Administration Working to Repeal and Replace the Clean Water Rule appeared first on The Energy & Natural Resources Blog.

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Sometime around May 16, 2017, the WannaCry "ransomworm" began propagating throughout the world, hitting the British national health system the hardest.  Several hospitals around Britain had to cancel critical surgeries because WannaCry had encrypted medical records, making them unreadable to hospital staff.  The ransomware asks for about $300 in Bitcoin in exchange for the decryption key. What is perhaps the most frustrating aspect of the WannaCry attack is that it was entirely avoidable.  The attack exploited a Windows vulnerability for which Microsoft had released an update in March 2017.  The affected computers had either not been updated or were running…

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InThe Burlington Insurance Company v. NYC Transit Authority, et al., (N.Y. June 6, 2017), the New York Court of Appeals New Yorks highest court – held that when an insurance policy states that additional insured coverage applies to bodily … Continue reading →

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In its recent decision in Cincinnati Inc. Co. v. Roys Plumbing, Inc., 2017 U.S. App. LEXIS 9729 (2d Cir. May 31, 2017), the United States Court of Appeals for the Second Circuit, applying New York law, had occasion to consider … Continue reading →

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2 JUN

Hello world!

Welcome to WordPress. This is your first post. Edit or delete it, then start writing! The post Hello world! appeared first on Thorndal.

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Under the longstanding doctrine of patent exhaustion, a patentees rights are exhausted once an authorized sale has occurred. For many years, however, some courts have recognized exceptions to the doctrine, such as when the parties agree to various post-sale restrictions in an arms-length transaction, or where the patented item was first sold outside of the … Continue reading "Supreme Court Finds Patent Exhaustion Alive and Well" The post Supreme Court Finds Patent Exhaustion Alive and Well appeared first on The Intellectual Property Blog.

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This is the second installment in a two-part series which provides a brief overview of some important considerations for foreign business people and foreign companies considering investment in the United States. Employees In connection with organizing your business structure in the U.S., U.S. Visa requirements should be a consideration early in the planning process.  Depending on whether your key employees will be U.S. or foreign nationals, this could affect the organization and structure of your U.S. Entity.   With respect to employees, it is advisable to have written employment contracts with key employees, such as executives, officers and other key…

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If a person believes that a defamation claim being asserted against him in a pending arbitration is a SLAPP, can he ask the Superior Court to issue a declaration and an order stopping the claim from being pursued A new complaint in DC Superior Court asks for exactly that relief. According to a recently-filed Superior Court Complaint, a former member of a financial services firm (Michael Maurer) has asserted an employment law action against his former employer (Steward LLC). The employment law action between Maurer and Steward LLC is being arbitrated before the American Arbitration Association. According to the Superior…

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One strike, youre out The isolated use of a racial slur may be enough to establish a hostile work environment claim. While the Second Circuit did not squarely answer the question in the affirmative, in Daniel v. T & M Prot. Res., LLC, the court allowed the claim to proceed. To establish a hostile work environment claim, a plaintiff must show: that the workplace was permeated with discriminatory intimidation that was sufficiently severe to alter the conditions of the work environment and that a specific basis exists for imputing the conduct that created the hostile environment to the employer. So…

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Posted by: Henry M. Sneath, Esq. – Chair of the Intellectual Property Practice Group at Pittsburgh, Pa. law firm Picadio Sneath Miller & Norton, P.C. (PSMNand PSMNLaw).Mr. Sneath is also anAdjunct Professor of Law at the Duquesne University School of … Continue reading →

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A franchisor selling franchises in the U.S. must disclose its audited financial statements in Item 21 of the franchise disclosure document (FDD). Sometimes, parent company financials are used instead of the franchisors financials. This is easily done when the parent company is a public company that already has audited financials. But most franchisors are not public companies. They are not likely to have parent company audited financials and would prefer not to incur the added expense of auditing a group of companies rather than just the franchisor entity. Audits are expensive. The franchisor may also want to shield its parent…

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This third blog on the False Claims Act is a wakeup call to long term care facilities and management companies (LTCs) in their training and employment practices. It is well-known that LTCs have high employee turnover and difficulty finding applicants, especially for certified nursing assistants (CNAs). In response, many LTCs operate in-house training programs to cultivate a pool of qualified CNAs for hiring. Heres the rub: LTCs can be sued under the False Claims Act (FCA) for providing services through unqualified or underqualified employees and seeking reimbursement for those services. In the U.S. Supreme Courts Universal Health Services, Inc. v.…

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The First Regular Session of the Seventy-First General Assembly adjourned sine die on May 10th, wrapping up 120 days of work for the people of Colorado. The session was primarily dominated by two big issues: budget and transportation. After years of debate, legislators reached a compromise on the infamous hospital provider fee. By moving the … Continue reading "Energy Legislation in the 2017 Colorado General Assembly" The post Energy Legislation in the 2017 Colorado General Assembly appeared first on The Energy & Natural Resources Blog.

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Your privacy interest in the data collected by your car may seem like an abstract issue. After all, we typically think of such data being stored, if at all, within the vehicle itself. But what about when cars begin shouting their identifying information to the world That’s exactly what’s about to start happening.

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On November 11, 2016, the Standing Committee of the National People’s Congress promulgated the “Internet Security Law of the People ‘s Republic of China” commonly referred to as the “Cybersecurity Law of China.” Unlike the EU’s General Data Protection Regulation (GDPR) which gave businesses two years to prepare, the new law becomes implemented June 1, … Continue reading China Enacts Data Privacy Law Under Guise of Cybersecurity →

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Since its original adoption in 1982, Securities and Exchange Commission ("SEC") Regulation D, Rule 504 has been limited in amount to the issuance of no more than $1 million in securities in a 12-month period.  Effective January 20, 2017, the SEC increased the maximum offering amount to $5 million in a 12-month period.  Rule 504 has been referred to by the SEC as the "seed capital" exemption, designed to aid small businesses raising their initial seed capital.  Rule 504 has been used, for example, by start-up companies in the company's initial round of "friends and family" capital raising, since it…

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On March 17, 2017, the Department of Industrial Relations (DIR) submitted Budget Trailer Bill 502. Budget Trailer Bill 502 would provide changes to the existing contractor registration requirements, as well as changes to the requirement for agencies to provide the DIR with notice of pending public works projects, as initially required by SB 854. SB… Continue Reading The post Budget Trailer Bill 502 would expand DIR fines and agency notice requirements appeared first on Infrastructure Law Blog.

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In Arizona, likein Washington,adebateisunfoldingabout howcourtsshould determinequestions of law, and whether an agencysconstruction ofstatutes is entitled to deference by the courts. Some refer to this deferenceasChevron Deference, stemming from a1984U.S. Supreme Court decision. The recent confirmation proceedings ofJusticeNeilGorsuchtriggered aspirited debate among policy makers and opinion writersabout whether an agencysreading of itsstatutes should be given any weight … Continue reading "Chevron Deference in Arizona" The post Chevron Deference in Arizona appeared first on The Energy & Natural Resources Blog.

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In recent months,bankruptcy lawyers have begun to bring strikingly similar FCRA lawsuits on behalf of former clients who went through Chapter 13 bankruptcy. This post will discuss these cases and how defendants are responding to them by winning on the merits, then moving for sanctions. The first few paragraphs will set the stage by explaining […]

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According to the 2014 Census data, more than 4.4 million Americans work as drivers. Will autonomous vehicles kill most of these driver required jobs With the growth and advancement in autonomous vehicle technologies, many Americans are in danger of losing their job or taking significant cuts in their income because a new and convenient technology is taking their place. Autonomous vehicles are expected to reduce labor cost, fuel cost and accidents. The potential savings will outweigh the human cost, especially as companies fight for profit margins. While companies plot to save money in the future through using this new tech…

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These are two of the questions the TTAB sought to answer in the proceeding of Under Armour, Inc. v. Evade, LLC. In this proceeding, Under Armour sought to cancel Evades trademark registration to its word mark EVADE OFFSHORE ARMOR and oppose Evades trademark application for the word mark EVADE OUTDOOR ARMOR, with all accusations being … Continue reading "Can the marks EVADE OFFSHORE ARMOR and EVADE OUTDOOR ARMOR cause a likelihood of confusion with the mark ARMOUR" The post Can the marks EVADE OFFSHORE ARMOR and EVADE OUTDOOR ARMOR cause a likelihood of confusion with the mark ARMOUR appeared first…

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On December 20, 2017, the U.S. Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA), issued a Final Rule that requires federal contractors to follow new privacy training procedures with regard to handling and protecting "personally identifiable information" or "PII."  PII refers to any information that can be used to distinguish or trace an individuals identity, either alone or when combined with other information that is linked or linkable to a specific individual.  The rule went into effect on January 19, 2017. Applicability The training requirement applies to all contracts/subcontracts that require "access to…

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There are lots of Federal Contractor odds and ends to discuss since President Trump's inauguration.  Let's get caught up! Trump Signs Executive Order to Roll Back Regulations In late January 2017, President Trump signed an Executive Order to eliminate two federal regulations for every one regulation enacted.  Given the numerous regulations and obligations added during the Obama administration related to federal contractors, this Executive Order has the potential to change the compliance landscape.  Fair Pay & Safe Workplaces Rule Is Dead On March 5, 2017, pursuant to the Congressional Review Act ("CRA"), the U.S. Senate passed a Joint Resolution disapproving…

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Last October, I wrote about the Personal Care Products Councils interesting anti-SLAPP motion, filed in a DC Superior Court case. There, the plaintiff (Simpson) alleged that she developed ovarian cancer by using talcum powder. In addition to suing talc manufacturers and suppliers, she sued PCPC, alleging that it submitted information to governmental agencies about talcs safety that was biased and was part of a campaign to prevent the regulation of talc and to mislead the consuming public about the true hazards of talc. Earlier this year,the Superior Court granted PCPCs anti-SLAPP special motion to dismiss in an oral ruling from…

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In McGill v. Citibank, N.A.,No., S224086 (Cal. Apr. 6, 1017), the California Supreme Court recently held that pre-dispute arbitration agreements that purport to waive the remedy of injunctive relief under California consumer statutes that have the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public in any forum, are … Continue reading Court: Arbitration Agreements That Waive Injunctive Relief Under CA Consumer Statutes Are Unenforceable →

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This morning, the Outdoor Industry Association released its latest Outdoor Recreation Economy Report in connection with its annual Capitol Summit in Washington D.C., and the numbers are HUGE: https://outdoorindustry.org/resource/2017-outdoor-recreation-economy-report/ The report estimates that the outdoor recreation economy generates $887 billion in annual consumer spending, $65.3 billion in federal tax revenue and an additional $59.2 billion … Continue reading "The Outdoor Recreation Economy" The post The Outdoor Recreation Economy appeared first on The Sports & Outdoor Recreation Blog.

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They say an elephant never forgets. The TTAB Perhaps not so much. At least when it comes to its prior findings of fame on the same marks in later proceedings. A finding of fame is an important factor when engaging in a likelihood of confusion analysis. As the TTAB has noted, [w]hen a prior users … Continue reading "Fame is fleeting, especially for the TTAB." The post Fame is fleeting, especially for the TTAB. appeared first on The Fashion Intellectual Property Blog.

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By: Amber L. Reiner, associate at Picadio Sneath Miller and Norton, P.C. When someone mentions Play-Doh, what is the first thing you think ofIs it those flexible yellow containers Perhaps it is the smoothand squishy texture ofthe putty More likely … Continue reading →

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Posted by: Kelly A. Williams, shareholderat the Pittsburgh law firm of Picadio Sneath Miller & Norton, P.C. Ms. Williams may be contacted at kwilliams@psmn.com or 412-288-4005. Anna Wintour, the editor-in-chief of Vogue, has said, You either know fashion or you … Continue reading →

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The long term care industry is known for high staff turnover, which can affect care. Often, staff separation can burden the available employees with extra duties or shifts. Residents bond with employees and mourn their separation. In response to this phenomenon, facilities and management companies have been encouraged to implement employee satisfaction surveys, which raise numerous red flags with employment law defense attorneys. Employers can use employee satisfaction surveys for a multitude of well-intentioned reasons: to make employees feel heard, to identify areas that need improvement, and to simply improve communication. A younger workforce that values their voice being heard,…

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Even with some economic uncertainty following the recent Presidential election, the United States (sometimes referred to herein as the "U.S.") remains an attractive candidate for foreign investment.  This is the first installment in a two-part series which provides a brief overview of some important considerations for foreign business people and foreign companies considering investment in the U.S. Formation of U.S. Limited Liability Entity Depending on the activities that your foreign company desires to undertake in the United States, the prudent course of action when considering foreign investment into the U.S. often involves organizing a U.S.-based subsidiary to house your business…

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In an earlier post, we discussed the potential ownership models for autonomous vehicles, also known as driverless cars (AVs). Models range from true traditional ownership as we understand it today, to licensed-based models (vehicles owned by someone else but you can use them on an exclusive or non-exclusive basis), to service-based models (you do not own the vehicle, but you can call it when you want it, e.g. cab, Uber). In this post we will explore the data-intensiveness of autonomous vehicles, the impending data land grab, and who will own and control all of the data generated by AVs. An…

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A new bill, AB 851, was introduced in the California legislature on February 16 that would expand the scope of the design-build authority currently available to local agencies. If adopted, AB 851 would amend Public Contract Code sections 22161 to expand the definition of special districts that can utilize the design-build authority under Public Contract… Continue Reading The post New bill would expand design-build authority for local agencies appeared first on Infrastructure Law Blog.

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Support Animals in the Workplace California employers are familiar with service dogs as a reasonable accommodation for employees and applicants with disabilities. But, what about support animals In 2013, the California Fair Employment and Housing Act (FEHA) required California employers to allow assistive animals in the workplace as a reasonable accommodation. Assistive animals include service dogs, but also support animals that provide emotional or other support to a person with a disability, including but not limited to, traumatic brain injuries or mental disabilities, such as major depression.

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One of the toughest challenges an aspiring franchisor may face is selling its first franchise. Who would take the risk of buying a franchise from a franchise company that has no franchisees For a few successful business owners, the idea of franchising may come from one or more customers who love the business concept and initiate the idea of buying a franchise even before the owner has taken the first step to prepare a franchise offering. But this rarely happens. Heres another suggestion: If the aspiring franchisor has a successful business unit (a store or a restaurant, for example) that…

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Californias Fourth Appellate District recently issued an interesting, but fact-specific, opinion regarding an arbitrators award in Emerald Aero, LLC v. Kaplan (2/28/17) 2017 DJDAR 1819. InEmerald Aero, the plaintiff investors sued the defendant for breach of fiduciary duty in connection with a self-storage investment gone awry. Plaintiffs sought compensatory damages and declaratory relief, but did … Continue reading CA Court Vacates Arbitration Decision Awarding Punitive Damages →

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Is your marketing department planning on hiring someone to take aerial photography using a drone There used to be no way to protect your business against the unknown risks of commercial drone use in an unregulated environment. That is no longer the case. There are a number of key contractual provisions that you should now […]

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The coming innovation of autonomous vehicles (i.e. self-driving cars) has been covered pretty widely in the news over the past 18-24 months. Not long ago, the reality of autonomous vehicles was unknown to most Americans. But it is now creeping into the consciousness of more and more Americans. As the certainty of this new technology approaches, it is becoming clearer that it will cause massive disruption in an area of American life that is intensely regulated at every level. If you think about it, the manufacture, distribution, sale, ownership, and operation of cars are all regulated by federal, state and…

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In the early days of commercial drone usesay two years agomost local government agencies took a prescriptive approach to done operation in their jurisdictions. Many cities and even State agencies adopted blanket prohibitions against drone useor at least against drone use in specified areas. Now agencies more and more are asking themselves whether such broad […]

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According to the United States Census Bureau, Canada is the USAs second largest trading partner, only slightly behind China, with over $500 billion in two-way trade goods annually. The industrial economies of Canada and the USA are highly integrated, with manufacturing plants in each country sending millions of components back and forth over the boarder […]

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As new Drone laws and regulations start coming into focus, the market for commercial drone insurance is also becoming more standardized and readily available. This is not surprisingand in some respects mirrors the development of auto insurance 125 years ago (the first auto insurance policies, written in the 1890s, were actually adaptation of horse-drawn vehicle […]

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This article by Griff Palmer in the NY Times Business Day section examines three P3 projects in the US, and compares the promises with some of the disappointments. The article provides a good overview of the significant issues that must be considered in order for a P3 to be successful for all concerned. https://www.nytimes.com/2016/12/24/business/dealbook/private-equity-water.htmlemc=edit_ta_20161224&nlid=51116999&ref=cta&_r=0  … Continue Reading The post Are P3s the answer to our infrastructure needs NYT article raises concerns. appeared first on Infrastructure Law Blog.

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Federal and state laws weave a complicated web of rules governing business calls to customers. The FCC's and FTC's broad interpretations of the Telephone Consumer Protection Act ("TCPA"), along with technological advances in telephone services, have led to increased litigation arising from autodialed calls and texts to wireless phones. The TCPA forbids using an automatic telephone dialing system ("ATDS") to call or text wireless phones unless the called party has given prior written consent. The FCC has adopted a broad definition for ATDS, potentially including any VoIP system or equipment that is connected to a computer. In fact, the FCC's…

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The Defend Trade Secrets Act of 2016 ("DTSA") was signed into law and became effective May 11, 2016. The DTSA grants federal jurisdiction over private civil actions for the misappropriation of trade secrets and allows owners of trade secrets to choose either state courts under Nebraska common law or the Nebraska Trade Secrets Act, or in federal court under the DTSA. The DTSA is not retroactive and only applies to misappropriations that occur on or after May 11, 2016.  In general, in order to qualify as a "trade secret" the owner must have taken reasonable measures to keep such information…

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For H-1B nonimmigrant visas subject to the cap, April 1, 2016, is the first day on which the U.S. Citizenship and Immigration Services (USCIS) will accept H-1B cap-subject petitions for foreign national professionals in specialty occupations. As April 1, 2017 is a Saturday, the first day of filing will be the following Monday. Cap-subject H-1B visas become available each year on October 1 and filings with USCIS can be made no sooner than six months in advance. For the last four years, the H-1B cap has been reached within the first few days of filing and numerous petitions have…

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The United States District Court for the District of New Jersey closed out 2016 with a declaration that the Products and Workmanship exclusions found in a manufacturers Building and Personal Property policy is ambiguous. In National Manufacturing Company v. Citizens … Continue reading →

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Effective January 1, 2017, any franchisor that wants to offer SBA guaranteed financing for its franchisees will use a single, two-page form addendum. In a noticeissued just before Thanksgiving, the SBA announced that it will no longer review franchise agreements to determine whether affiliation exists between the franchisor and franchisee in any specific franchise system. Previously negotiated SBA addenda will no longer be accepted. SBA loans are only available to independent small businesses as defined in the SBA regulations. Some franchisors impose a level of control in the franchise agreements that the SBA considers to create affiliationbetween the franchisor and…

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The U.S. Copyright Office ("Office") has adopted an amendment to regulation 37 CFR 201 to modernize their system for registering designated copyright agents for notifications of claimed copyright infringement. As of December 1, 2016, the Office will no longer accept paper registrations, and electronic registrations will last three years. The good news: the fee has been significantly reduced from $105 to $6, and the new system should be easier and quicker to use than the current paper system. Registration is important because it gives "service providers" a safe harbor against liability for copyright infringement claims. Who Should RegisterCourts have…

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What happens when adult children still living at home refuse to leave As the boomer generation ages and look to downsize, check this is a question that more and more parents might have to consider. While it may sound unlikely, prescription this scenario has the potential to cause some headaches for parents in the years […]

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If there is one word that everyone in the residential rental market hates, purchase it is bedbugs. Over the past few years bedbug outbreaks have become more common as the pests are notoriously difficult to fully exterminate. Bedbugs can live for months, even up to a year, without food and they can hide in small […]

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IntroductionSubrogation litigation is a very broad topic that encompasses many different practice areas. It is ultimately however a practice specialty unto itself. It includes innate complexities of subrogation law, but also requires the skills of a Plaintiffs attorney, and the knowledge of a specialist practicing in niche areas. These areas can range from fire litigation to workers compensation law. Complete mastery of subrogation requires the attorney to wear many hats, and requires the client seeking recoupment of their money to understand this dynamic. Subrogation BasicsAt its core, subrogation arises when a party who was obligated to a pay another party…

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In John Robert Sebo, etc. v. American Home Assurance Company, Inc., Supreme Court case number SC14-897, the Florida Supreme Court reversed a Second District Court opinion which found the efficient proximate cause doctrine applicable to cases involving multiple perils and … Continue reading →

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From 1999 to 2008, a registered investment representative worked for Hantz Financial Services (Hantz). From 2000 to 2008, that same representative embezzled client funds. In March 2008, a client filed a FINRA arbitration demand against the representative and Hantz. The … Continue reading →

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Last year, we followed the story of ballot efforts on a local level to preclude GMO crops from being grown in certain counties in Hawaii. The ballot initiatives, which banned GMO crops within the borders of the counties, passed by narrow margins, but were immediately struck down in court after a challenge from various agricultural companies. Local organizations filed an appeal to the Ninth Circuit, seeking to overturn the District Court decision stating that the ballot initiatives were preempted by federal and state laws. The…

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For Nevada brewers, the largest obstacle to profiting from their product is the frustrating inability to distribute it without the help of a commercial distributor. This frustration is compounded by the fact that it is counter-intuitive to the nature of brewing which often times can be a labor intensive and a grass-roots process. Many brewers would be more than willing to load up their trucks with kegs and sell the product themselves, but simply cannot in light of current Nevada law. Obtaining rights to a commercial distributor is not an easy answer either. It is a costly and often times…

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On March 30, 2016, Judge Rosemary M. Collyer of the U.S. District Court for the District of Columbia stripped MetLife of its designation as a nonbank systemically important financial institution (nonbank SIFI). She held that the designation was arbitrary and capricious as the Financial Stability Oversight Council (FSOC) failed to follow proper administrative procedures during the evaluation process. Just over a week later, FSOC walked down the hall of the U.S. Courthouse at 333 Constitution Avenue, NW and filed its

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On October 20, 2016, the District of Columbia Court of Appeals abandoned the long-used Dyas/Frye test to govern the admissibility of expert testimony in favor of the standards embodied in Rule 702 of the Federal Rules of Evidence. The court issued its decision after the lower court permitted plaintiff expert opinions linking cell phone use to brain tumors under the then-existing Dyas/Frye standard. In the matter of Motorola Inc. v. Henry, plaintiffs in thirteen cases had sued numerous cell phone manufacturers, service providers…

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Ambiguity surrounding the term commencing led a court to deny an insurers motion seeking to dismiss an insureds property damage claim, despite the insureds inability to state when the property damage at issue first occurred. In a question of first impression, a federal district court in Illinois denied an insurers motion for summary judgment earlier this month, ruling that the term commencing during the policy period was ambiguous when applied to the circumstances of the case. Temperature Serv. Co. v.

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The Seventh Circuit recently affirmed a district court decision upholding payment under a life insurance policy purchased by a securities intermediary. The decision first addressed the common laws prohibition on wagering contracts, or stranger-originated life insurance, and the traditional remedy which invalidates any such policy of insurance. However, this case was subject to Wisconsin law, whose legislature places the risk on the insurer for issuing a policy to someone without an insurable interest by refusing to invalidate such contracts. Specifically,

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This month’s post will attempt to establish something that I’ve always vaguely known to be true, but never had occasion to fully research: the FCRA applies toconsumers who are trying to get personal credit, not credit for their business. Most courts treat this as a well-established point. See, e.g., Frydman v. Experian Info. Solutions, Inc., […]

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NancyBors, as administrator of the Estate of Maureen Milliken, brought this action against Imerys Talc America Inc. and Johnson and Johnson for claims in negligence for their design, development, manufacture, testing, packaging, promoting, marketing, distribution, labeling, and/or sale of Johnson and Johnson baby powder Milliken allegedly developed and died from ovarian cancer. Imerys moved to dismiss and argued that the court lacked jurisdiction or in the alternative for failure to state a claim. Specific to its argument, Imerys took the position that it had…

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Article courtesy of the Washington Legal Foundation, by John J. Jablonski The king is dead. Long live the king. European monarchies conveyed the immediate passage of sovereignty from a dead ruler to a new one with this proclamation. It works as well for the amendment of Federal Rules of Civil Procedure 26(b)(1) and 37(e), because in many ways an old governing rule on discovery passed away on December 1, 2015, when the amendments took effectbut the ghost of the old ruler still haunts both…

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The District of New Jersey just resolved twoFCRA cases that, in my view, combine all of the best (or worst) features of FCRA litigation: theyinvolve a confusing issue on a credit report; a threat of sanctions; ajudgethat didn’t get the facts sheneeded when sheneeded them; andparties and lawyers who had better things to do than […]

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Environmental groups recently filed a lawsuitin the United States District Court for the Southern District of Florida, Fort Myers Division, seeking to challenge the National Park Service, Department of the Interior, and others, with respect tothe recent approval of seismic testing. Seismic testing is utilized to identify oil and gas. Specifically, the plaintiffs allege that the testing threatens the Big Cypress national preserve: Big Cypress is an extraordinary and unique national treasure. It is an extension of the Everglades hydrologic system and provides…

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Recently the North Carolina Court of Appeals in In re: Ballard (N.C. Ct. App. COA15-475, March 15, 2016) held that a foreclosing lender in North Carolina was not under any duty to bid the same amountat aresale of foreclosed propertyas it did at the first sale of the same property when the last ... (More)

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It is with great pride and pleasure that Thorndal Armstrong Delk Balkenbush & Eisinger attorneys and staff members recently collected The post Firm Helps Nevada Army National Guard appeared first on Thorndal.

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On May 16, 2016, the U.S. Supreme Court issued its opinion in Husky International Electronic, Inc. v. Ritz. The opinion is a favorable development for creditors because it expands the types of fraudulent conduct that can prevent a debtor from discharging debts in bankruptcy. Specifically, the court... (More)

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ANALYSIS/OPINION: The Little Sisters of the Poor and the government have filed their final briefs in the longstanding tussle over the administrations contraception mandate. The briefs respond to a highly unusual order from theSupreme Court, issued days after the oral arguments, which asks the parties to consider again whether the government can improve access to The post The threadbare case against Little Sisters of the Poor appeared first on Lewis Roca Rothgerber Christie - Religious Liberty Archive & Blog.

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The lawyers are looking at it. That, in so many words, has been the response given by Secretary of State John Kerry and the White House every time they have been pressed on whether the State Department will call the Islamic States war on religious minorities genocide. Kerry faces a congressionally mandated deadline on Thursday The post Call ISIL’s religious war what it is: Genocide appeared first on Lewis Roca Rothgerber Christie - Religious Liberty Archive & Blog.

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Earlier today, the Consumer Financial Protection Bureau ("CFPB") held a field hearing in Albuquerque, New Mexico on mandatory arbitration clauses found in the terms and conditions of several consumer financial products, including credits cards, bank accounts and prepaid cards. The CFPB released its Notice of Proposed Rulemaking ("NPRM" or "Proposed Rule") on Arbitration clauses in advance of the Field Hearing, a copy of which can be found here. An initial review of the Proposed Rule reveals several provisions that will likely have a negative impact on the financial services industry. The Proposed Rule: Prohibits providers from using a pre-dispute arbitration…

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Christians across the Middle East are suffering and dying for their faith, and the United States government has called it a genocide. Here are four ways you, your family, and your church can help. [NOTE: This post originally appeared at the Mystery of Faith Blogand is reprinted here with permission. LRRC attorneys Martin Nussbaum and The post Genocide Against Christians (And How the Church Can Help) appeared first on Lewis Roca Rothgerber Christie - Religious Liberty Archive & Blog.

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In 2008, Congress passed legislation which extended the protection from foreclosure actions for active duty servicemembers up to 9 months after the end of the period of military service. In 2012, Congress extended that time to 12 months after the end of the military service. When the prior legisla... (More)

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With the burst of transient occupancy arrangements, vacation rentals and renter occupied units/homes in common interest communities in recent years, community associations continue to scramble to figure out how best to handle them in light of their unique governing documents and communities . Add to that the increase in investor owned homes and condominium units and the residual effect of the prior economic downturn, the ever changing mortgage restrictions regarding percentage of owner-occupied condominium units in condominium communities, the “hang-over” from the proliferation of foreclosures in the past 7-8 years, and the lobbying efforts of the short-term occupancy proponents, and…

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After considerable debate, Pennsylvania is one step closer to approving new regulations for hydraulic fracturing. Specifically, on April 21, the Independent Regulatory Review Commission (IRRC)held a lengthy hearing with respect to the new proposed regulations.The IRRCthen approved the new proposed regulations. Among other things, the new regulations (1) ban waste pits for unconventional gas drilling, (2) requires permits and water management plan for certain drillers, (3) requires vandal proofing of tanks, and (4) requires well site restoration within nine months of drilling…

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NYC Guidelines Strengthen Transgender Protections in Employment; NC Law Eliminates Local LGBT Protections Altogether. Confused, Anyone I dont envy employers these days. It aint easy staying on top of all of the federal, state, and local employment laws and regulations out there at the moment. And if youre an employer with employees in multiple states across our great country, forget about it. (On second thought, dont forget about it, just delegate figuring that mess out to your favorite employment lawyer.) Case-in-point, the many and varied laws out there regarding the protections afforded LGBT employees. In late December last year, the…

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As of July 1, 2015, the Virginia Condominium Act provides that no condominium association may impose an assessment or charge against a unit owner unless such charge or assessment (a) is expressly authorized by the Condominium Act (see particularly Va. Code Sec. 55-79.83) and/or by the condominium instruments for the community, (b) represents a fee for service provided, or (c) is a fee for a resale certificate, as provided for in the Condominium Act. Va. Code Section 55-79.42:1. The Common Interest Community Board has the authority to assess a monetary penalty and/or issue a cease and desist order against an…

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In Havertown, Pennsylvania, Chipotle recently had some negative publicity and, for once, E. coli was not the culprit. Instead, James Kennedy, a 38-year-old war veteran, was terminated from Chipotle, after criticizing the company on Twitter and for circulating a petition in store regarding scheduled breaks. Kennedy sued, alleging that his termination violated the NLRA. One of Kennedys tweets contained a news article regarding hourly workers having to work on snow days while other workers were off. The tweet referenced Chipotles communications director, asking, Snow day for top performers Chris Arnold Another tweet involved a reply to a customer who tweeted…

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Thorndal Armstrong Delk Balkenbush & Eisinger is happy to announce it recently completed a denim drive for a charitable recycling program, Blue Jeans Go Green. The drive collected more than 50 pairs of jeans that may have otherwise been sent to a landfill. Blue Jeans Go Green started in 2006 and strives to collects denim... Read more » The post Firm Helps Denim Recycling Charity appeared first on Thorndal.

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Since our last postings on the subject of disclosure packets, the General Assembly has adopted several minor Code changes to clarify existing provisions: Delivery by Overnight Carrier  The Code section providing for cancellation of the purchase agreement within a certain time period after receipt of the resale certificate / disclosure packet previously failed to mention when the purchaser could cancel if the resale certificate / disclosure packet were delivered by overnight delivery service. For both property owners’ associations (“POAs”) and condominium associations, whether self-managed or professionally managed, if the resale certificate / disclosure packet is delivered by commercial overnight delivery…

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As we close the books on 2015, fueled in no small part by the terrorist attacks in Paris and San Bernardino, the immigration crisis in Europe, our own crazy election-cycle politics, etc., etc., there is a palpable anti-Muslim rhetoric thats plowing its way through social media and, quite possibly, making its way right to your company water cooler. And, as if we needed more fuel for the fire, religious awareness (and sometimes, real or perceived religious intolerance) is heightened during the holiday season. Its an employers perfect [snow]storm. As put mildly by the Society for Human Resources Management (SHRM), terrorist…

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An Illinois appellate court has upheld a lower court’s denial of injunctive relief to certain landowners who sought to enjoin Illinois, via its regulatory body, from enforcing newly adopted hydraulic fracturing regulations in the state. Specifically, in Smith v. Dep’t of Resources, NO. 5-14-0583, 2015 Ill. App. LEXIS 536 (Ill. 5th Dist. App. July 10, 2015), Plaintiffs commenced an action against the Illinois Department of Resources, among others, seeking a preliminary injunction tostop the state from implementing the regulations recently adopted by the state.…

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Last month, the United States Supreme Court issued its ruling in Bank of America v. Caulkett a case deciding whether homeowners can avoid underwater second mortgages through Chapter 7 bankruptcy proceedings. The Court ultimately determined that a Chapter 7 debtor may not void a junior mortgage even when the debt owed on a senior mortgage exceeds the present value of the property. Section 506(d) of the Bankruptcy Code allows a debtor to void a lien on estate property to the extent it secures a claim against the debtor that is not "an allowed secured claim." In other words, …

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In another sign that the 2008 financial crisis is fading into memory, the Federal Deposit Insurance Corporation (FDIC) has proposed changes likely to reduce deposit insurance premiums for most community banks. The FDICs proposal would revise the factors used to determine deposit insurance assessments so that banks with less than $10 billion in assets would pay higher premiums if they hold riskier assets than comparable banks. These contemplated improvements would allow assessments to better differentiate riskier banks from safer banks and allocate the costs of maintaining a strong Deposit Insurance Fund (DIF) accordingly, FDIC Chairman Martin Gruenberg said in a…

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Consumers Insurance Company provided underinsured motorist (UIM) coverage to Bradford Charles. Charles was subsequently injured in a motor vehicle accident with Christina Ranum. Charles attorney subsequently made a UIM claim on the Consumers UIM policy. Initially, Consumers denied UIM coverage, but subsequently determined that there may be UIM coverage under its policy. After Consumers initial [...]

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On this blog weve explored the laws related to service animals and how the ADAs regulations extend their use far past traditional notions of seeing eye dogs. In Wisconsin (admit it, you assumed this blog post was going to have an Aussie connection), a woman is treading new territory by seeking legal recognition to use a kangaroo as a therapy animal. The woman, Diana Moyer, owns several kangaroos and also has a doctors note stating that one of the kangaroosJimmyis a therapy animal to assist her in dealing with cancer treatment and depression. In no way would we ever mock…

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When you think of Uber (or similar companies like Lyft and Sidecar) you probably think of a transportation company. You request a ride on the companys app and a driver (in his own vehicle) picks you up. The nature of the companys business is, however, the very thing at issue in a series of lawsuits brought against Uber under the ADA. In lawsuits filed in Arizona, California, and Texas, individuals and disability rights organizations have accused Uber of failing to comply with ADA requirements of offering accommodations for the disabled (including individuals who are visually and mobility impaired) in providing…

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On January 21, 2015, the Federal Motor Carrier Safety Administration (FMCSA) announced through the Federal Register a study that examined (1) whether Police Accident Reports provide sufficient, consistent, and reliable information to support crash weighting determinations, (2) whether a crash weighting determination process would offer an even stronger predictor of carrier crash risk than the [...]

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On December 30, 2014, Gov. Quinn signed SB 1342 into law as P.A. 98-1142 (720 ILCS 5/14-1 et seq.); the measure puts new eavesdropping restrictions into place after the Illinois Supreme Court threw out the previous eavesdropping law last March. As a result of the March court ruling, all Illinois residents had absolutely no expectation [...]

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The price of movie tickets could be going up soon. Under new proposed regulations issued by the Department of Justice, movie theaters with digital screens would be required to show films with options for closed captioning (for hearing impaired patrons) and audio descriptions (for visually impaired patrons). Movie theaters would not be required to create their own captioning or assistive aids. Rather, when a movie is available for distribution with closed captioning and audio description, the theater must purchase the version containing these accommodations. In some circumstances, a theater may show films without these accommodations if a compliant version is…

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Thank you to LegalHold Pro for its report on this decision. The original post can be seen here. The patent infringement and trademark case of Phillip M. Adams & Assoc. v. Dell Computer Corp.has been an ongoing saga with actions dating back to the 1990s. In recent years the case had been on hiatus, but that ended on March 18, 2013 when the Federal Circuit announced its ruling on four claims that had been challenged from the earlier District Court opinion. Of particular…

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Nondisclosure agreements (NDAs) are generally straightforward documents and follow a consistent format. People often pull a form off the internet, fill in the blanks and send it off to the other side. Likewise, recipients of NDAs often skim and sign them. In general, thats OK. That being said, there are often subtle differences among form NDAs. Use the simple acronym below to confirm that you have the right kind of NDA and that youre adequately covered by it: M – Is it mutual or does it only protect the information of one party If both parties are swapping information, make…

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The definition of possession, custody, or control under FRCP 34(a) will be construed broadly and a party is not required to have physical possession of the documents to be in control of them. Therefore, companies that use independent agencies should be conscious of the requirements and provisions they place in agency contracts because they can be inferred to give rise to discovery obligations. To read ELLBlog’s analysis of Haskins v. First American Title Insurance Co., Civil No. 10-5044 (D.N.J. 2012)click here.…

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If you have started a company that needs outside investors, then you have run into someone who offered to raise money for you. [ CONTINUE READING → ]

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PPMs (Private Placement Memos for the uninitiated) look pretty complicated. They’re usually thick documents full of run-on sentences, some charts and a few paragraphs in all caps. A client asked me to describe a PPM’s structure. I drew a picture of a simple sandwich. So why are PPMs frequently so complicated Because they’re often based on legal requirements that never apply to private placements. Federal regulations state that if equity (e.g. stock) is sold to people that are so poor they must be incapable of making rational financial decisions (or as they’re known in the securities world, “nonaccredited investors”), then…

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Jeffrey Ludwikowski on G+ Recently, in the case of CPG Int'l LLC v. Shelter Products, Inc., No. 3:15cv1045 (M.D. Pa. 2017) the United States District Court for the Middle District of Pennsylvania denied a motion for partial summary judgment...

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The Pennsylvania Superior Court recently affirmed an order of the Court of Common Pleas of Philadelphia County entering a judgment against American Honda Motor Co., Inc. ("Honda") on a jury verdict of $55,325,714 in a personal injury action. American...

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Brandon McCullough on G+ A panel of the Pennsylvania Commonwealth Court issued its opinion in Pa. Manufacturers' Ass'n Ins. Co. v. Johnson Matthey, 2017 Pa. Commw. LEXIS 115 (Pa. Commw. April 21, 2017) adopting the multiple trigger of J.H. France...

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Mark D. Zukowski was recently accepted into the National Academy of Distinguished Neutrals (NADN).  NADN is a national association whose membership consists of mediators and arbitrators distinguished by their hands-on experience in the field of civil and commercial conflict resolution.  Mark is one of only 21 attorneys and former judges who have been recognized as Charter Members of the Arizona Chapter.  Parties can visit the Chapter website at www.NADN.org/arizona to schedule, at no administrative cost, mediations with Mark by having direct access to his availability calendar.

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In a landmark decision, the California Supreme Court held today that a plaintiff cannot obtain medical expense damages based on his billed medical charges, because the plaintiff was not damaged in that amount.  Howell v. Hamilton Meats & Provisions, Inc. (Cal. Supreme Court, Aug. 18, 2011).  The Court held that the plaintiff could recover only the amount of medical expenses actually paid on her behalf.  The Court said:  We hold no such recovery is allowed, for the simple reason that the injured plaintiff did not suffer any economic loss in that amount."   Plaintiff Rebecca Howell was seriously injured in…

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Cohen v. Maricopa County (Ct. Appeals, Div. One, August 16, 2011)   A man was involuntarily held in a hospital because he was a danger to self due to depression and repeated drug overdose. After inpatient treatment was completed, he was discharged from the hospital to begin court-ordered outpatient treatment with ValueOptions, the company that contracts with the State. While undergoing outpatient treatment, the man was found passed out with the drug Soma in his pocket. The man was medically cleared at the scene, but taken to an urgent care facility run by Meta Services pursuant to a subcontract with…

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Fidelity and Deposit Company of Maryland v. Bondwriter Southwest (Ct. Appeals, Div. One, July 28, 2011)   Fidelity sued Bondwriter for breach of contract and negligence, after Bondwriter delivered unapproved bonds to a contractor. An agency agreement authorized Bondwriter to solicit applications for surety bonds on Fidelity's behalf. The agreement limited Bondwriter's authority to those transactions that Fidelity specifically authorized. In one transaction, Bondwriter mistakenly delivered a bond to a contractor before Fidelity had authorized the bond. When Bondwriter employees realized their mistake, they were unable to retrieve the original bond before the contractor made copies of the bond and…

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The Association of Defense Trial Attorneys (ADTA) has recently selected Don Myles for membership to their organization.Don Myles has been a Partner with Jones, Skelton & Hochuli since 1987, and concentrates his practice on insurance coverage, bad faith and professional liability. He is admitted to practice in all state and federal courts in Arizona as well as the Ninth and Tenth Circuit Courts of Appeal, and the United States Supreme Court.Myles is the past President of the Arizona Association of Defense Counsel (AADC) and the USLAW Network. He is currently Senior Vice President for the Federation of Defense and Corporate…

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Jones, Skelton & Hochuli, PLC is pleased to announce Phillip Stanfields selection to the American Board of Trial Advocates (ABOTA). Stanfield is the ninth lawyer from JSH to receive this distinction.Mr. Stanfield joined Jones, Skelton & Hochuli in 1987, and has been a Partner since 2003. His practice is almost exclusively devoted to the defense of transportation clients.The general purposes of the American Board of Trial Advocates is to foster improvement in the ethical and technical standards of practice in the field of advocacy to the end that individual litigants may receive more effective representation and the general public be…

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