Theres a new buzz in the solar energy industry and it has nothing to do with declining solar energy prices, the efficiency of solar panels, or tax credits. The buzz is about bees and other pollinators. A report from Argonne National Laboratoryreleased earlier this year highlighted the potentially beneficial relationship between utility-scale solar energy (USSE) … Continue reading "The Buzz About Utility Scale Solar" The post The Buzz About Utility Scale Solar appeared first on The Energy & Natural Resources Blog.

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Joseph W. Price II has been appointed DRI State Membership Chair for Arkansas. DRI is the largest international membership organization of attorneys defending the interests of business and individuals in civil litigation. DRI is committed to enhancing the skills, effectiveness, and professionalism of defense lawyers; anticipating and addressing issues germane to defense lawyers and the... Read More The post Joey Price Appointed DRI State Membership Chair appeared first on Quattlebaum, Grooms and Tull.

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Quattlebaum, Grooms & Tull PLLC, along with Mainstream Technologies and Stephens Insurance, is conducting a Lunch & Learn focusing on cyber insurance as part of a comprehensive risk management and security program. Joseph R. Falasco and Meredith M. Causey will participate in the panel discussion on protecting your business from the impact of a data... Read More The post Cyber Insurance Lunch & Learn appeared first on Quattlebaum, Grooms and Tull.

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The United States Court of Appeals for the Seventh Circuit (the “Seventh Circuit”) recently decided the case of Naperville Smart Meter Awareness v. City of Naperville, 900 F.3d 521 (7th Cir. 2018). The suit brought by Naperville Smart Meter Awareness (“NSMA”) alleged that the collection of smart meter energy-consumption data by the City of Naperville, Illinois, (the “City”) constituted an unreasonable search under the Fourth Amendment of the U.S. Constitution and should be prohibited.[1] The Seventh Circuit made two important holdings in the case. First, it held that the collection of smart meter data is, in fact, a search under…

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To persuade jurors, youll need to offer a thematic story throughout the entire case presentation and through each witness.With the aid of a mock trial, youll know what themes resonated best and have a case story crafted around those themes. But thats only part of the equation.In a trial questionnaire and during voir dire, your […] The post How to Persuade Jurors in Trial Using Their Own Voir Dire Feedback appeared first on Litigation Insights.

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An article by Michael N. Shannon, “Design-Build Highway Projects and How They Change the Landscape for Landowners in the Eminent Domain Process”, is featured in the Summer 2018 issue of the Arkansas Community Banker. The quarterly publication isthe official news source for the Arkansas Community Bankers Association, the only statewide association exclusively representing the interests... Read More The post Arkansas Community Banker Magazine Features Article By Mike Shannon appeared first on Quattlebaum, Grooms and Tull.

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By Brian Bassett In Lloyds Syndicate 3624 v. Biological Res. Ctr. Of Ill., LLC, 2018 U.S. Dist. LEXIS 160263 (Sept. 19, 2018), the U.S. District Court for the Northern District of Illinois held that Hiscoxs $2 million single Claim limit … Continue reading →

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By Brian Margolies In its recent decision in Pioneer Cent. Sch. Dist. v Preferred Mut. Ins. Co., 2018 N.Y. App. Div. LEXIS 6621 (N.Y. App. 4th Dept Oct. 5, 2018), the New York Appellate Division for the Fourth Department had … Continue reading →

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All businesses own some sort of intellectual property (IP), whether it’s trade secrets or proprietary business information – IP touches nearly every aspect of business. Employment contracts can be a deciding factor in determining IP ownership and avoiding or resolving IP disputes. HR professionals have a significant role to play in promoting the understanding of […]

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On October 3, 2018, the IRS issued guidance for employers on how to claim tax deductions for business meals this year.Under the Tax Cuts and Jobs Act, ("TCJA") business expenses for "entertainment" are no longer deductible, effective for 2018. However, the TCJA did not modify the separate 50% deduction for expenses for business meals, which left employers wondering how to distinguish a business meal from entertainment. In Notice 2018-76, the IRS confirmed that business meals remain 50% deductible, if certain conditions are met. The IRS also clarified that expenses for food and beverages may be deductible even if provided along…

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Pohl v. MH Sub I, LLC d/b/a Officite (N.D.Fla., June 20, 2018) U.S. District Judge Mark Walker of the Northern District of Florida determined that no reasonable jury could find that a plaintiff-dentists before-and-after photos of his patients teeth are sufficiently creative or original to warrant copyright protection. On summary judgment, the court acknowledged that … Continue reading "Are Photographs of Utilitarian Objects Copyrightable" The post Are Photographs of Utilitarian Objects Copyrightable appeared first on The Intellectual Property Blog.

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Contributed by Suzanne Newcomb, October 8, 2018 Reasonable accommodation issues often require an employer to balance the needs of the employee requesting accommodation with the needs of other employees who are impacted by the decision. These issues can be magnified when an employee relies on a service dog. Most employers are unfamiliar with the issue, […]

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Meghan A. Liteckywas chosen as the Kansas City Metropolitan Bar Foundation’s November Military Matters Spotlight Attorney. This recognition isto distinguish the great work being done by the hundreds of pro-bono volunteer attorneys within the Military Matters network.Military Mattersis a program … Continue reading →

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On October 2, 2018, the Federal Communications Commission released Public Notice DA-18-1009 announcing the launch of the National Lifeline Eligibility Verifier in Six States: Colorado, Mississippi, Montana, New Mexico, Utah and Wyoming. Starting on November 2, 2018, Eligible Telecommunications Carriers (ETCs) in these six states will be required to use the National Verifier System to … Continue reading "FCC Announces Launch of National Lifeline Eligibility Verifier" The post FCC Announces Launch of National Lifeline Eligibility Verifier appeared first on The Energy & Natural Resources Blog.

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Dysart Taylor Cotter McMonigle & Montemore, P.C., is pleased to announce thatBenjamin J. Stringerjoined our firm in Sept. 2018. Ben is licensed to practice in the state of Missouri and the Western and Eastern Federal District Courts in Missouri. He … Continue reading →

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By Brian Margolies In its recent decision in Affinity Living Grp., LLC v. Starstone Specialty Ins. Co., 2018 U.S. Dist. LEXIS 163655 (M.D. N. Car. Sept. 25, 2018), the United States District Court for the Middle District of North Carolina had … Continue reading →

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I am not a wrestling fan. So I dont know if its truethat Ted DiBiase, who wrestled as“The Million Dollar Man,” is regarded by many as the greatest villain in pro wrestling history. What I do knowis that DiBiases theme song included the line everybody’s gonna pay. For parties that have recently found themselves on the losing end of anti-SLAPP special motions to dismiss under the D.C. anti-SLAPP statute, they have discovered exactly how much theyre gonna pay First, some background. The D.C. anti-SLAPP statutes legislative history explained that defendants of a SLAPP must dedicate a substantial[] amount of money,…

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Contributed by William Scogland, October 3, 2018 On August 13, 2018, as part of the John S. McCain Fiscal Year 2019 National Defense Authorization Act, President Trump signed into law the Main Street Employee Ownership Act, which was originally introduced by Senator Gillibrand and Representative Velazquez, a rare bipartisan achievement. Employee Stock Ownership Plans (ESOPs) […]

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The Department of Veterans Affairs (VA) has finalized new rules that make it more difficult to qualify for long-term care benefits. The rules establish an asset limit, a look-back period, and asset transfer penalties for claimants applying for VA pension benefits that require a showing of ...

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Announced on Monday October 1, 2018, Canada joined the U.S. and Mexico in an agreement to revamp the former North American Free Trade Agreement (NAFTA). The new agreement, which does away with the NAFTA name, will now be called the U.S. – Mexico – Canada Agreement or USMCA. While the deal will not be completed until it is ratified by each country’s respective legislatures, the tentative pact addresses several key areas of trade including those involving the automotive sector.

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By:Anne E. Baggott Employers should immediately begin using a revised Fair Credit Reporting Act notice form to applicants during the adverse-action process. Failure to use the updated form, or a substantially similar form, could subject employers to costly class-action lawsuits … Continue reading →

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A troubling trend has developed across the country in long term care malpractice litigation. Plaintiffs have been using state consumer protection statutes to lodge skilled care malpractice claims. This practice most recently reared its head in Pennsylvania. The Supreme Court of Pennsylvania decided, in Commonwealth of Pennsylvania v. Golden Gate National Senior Care, LLC,1 that failure to provide the services documented in a care plan can be alleged as a form of consumer fraud. This is bad law for all long term care providers and should be a call to action. State consumer protection acts were originally enacted to address…

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In a prior post, I discussed the suit brought by three plaintiffs against Coca-Cola and the American Beverage Association, alleging that certain statements the defendants made about sugar-sweetened beverages and their effects on obesity were false and misleading under the D.C. Consumer Protection Act. Like Coca-Cola, the ABA filed an anti-SLAPP special motion to dismiss. The ABAs motion argued it satisfied its prima facie case of showing the suit arose from an act in furtherance of the right of advocacy on issues of public interest because its speech occurred in places open to the public/a public forum (website, press releases…

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The California Court of Appeal recently upheld a lower court decision that, as we previously discussed, expanded the scope of the "public trust doctrine" to include groundwater. In Environmental Law Foundation v. State Water Resources Control Board, the appellate court held that agencies permitting groundwater pumping must consider how pumping may harm "public trust interests." The court rejected arguments that the Sustainable Groundwater Management Act, or SGMA, replaced any duty to consider impacts to these "public trust interests" from groundwater pumping. Unlike the lower court's ruling, this ruling carries appellate authority to which lower courts throughout the State could follow…

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Please join us on October 3, 2017 1:00 pm (10:00 am, Pacific Daylight Time) for a webinar to discuss this growing trend and to ensure that your practices and policies are compliant. Avoiding harassment claims continues to be one of the most significant issues facing employers. While many savvy employers are proactive in training their employees to act in a way that minimizes the risk of having a harassment complaint filed, a growing number of states (and some cities) have begun to pass laws mandating training. California, Maine and Connecticut have led the way with Delaware andNew York (and New…

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The Supreme Court’s October 2018 term is right around the corner, and one case will have a very practical impact on prospective copyright litigation.  In the Court’s only copyright case this term, Fourth Estate Public Benefit Corp. v. Wall-Street.com will settle the question of whether a plaintiff must have a valid copyright registration before filing an infringement suit or, instead, can merely have an application pending with the U.S. Copyright Office.

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Prior to Wayfair, states could only collect sales and use taxes from businesses with a physical location, employees or agent in the taxing state. In order for a state to require a business to collect and remit taxes, the business in question must have a substantial nexus with the state. Historically, a business only had substantial nexus with a state if it was physically located within that state or had employees or an agent operating there. This physical presence test has now been overruled by the Supreme Court’s decision in South Dakota v. Wayfair, allowing states to require out-of-state retailers…

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This year marks the 40th anniversary of the passage of the Pregnancy Discrimination Act, which amended Title VII of the Civil Rights Act. This amendment made it illegal to fire women for becoming pregnant, to deny insurance coverage for pregnancy-related conditions, or to require women to take unpaid leave after becoming pregnant.

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In EEOC v. BNSF Ry. Co., Case No. 16-35457 (9th Cir. Aug. 29, 2018), the Ninth Circuit held that an employer violates the Americans With Disabilities Act of 1990 ("ADA") by demanding that a job applicant with a perceived disability pay the cost of medical testing prior to being deemed eligible for employment. The employer offered an applicant a job as a Senior Patrol Officer on the condition that he satisfactorily complete a medical review. During the medical review, the applicant disclosed a prior back injury. The applicant's own doctor and chiropractor, as well as the doctor hired by the…

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According to a complaint filed in DC Superior Court, earlier this year the Institute for Gulf Affairs published an article titled Is SAPRAC A Wolf In Sheeps Clothing The article asserted The Saudi American Public Relation Affairs Committee has a questionable stance on tolerance, especially against Jews and are associated with virulent anti-Semitism. The complaint alleges that SAPRACs founder and president, Salman Al-Ansari, was so offended by this article that, in a June interview with a blogger, he made false and defamatory statements about IGA and its founder and director Ali Al-Ahmed, including that: AlAhmed is a terrorist himself AlAhmed…

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As the Internet of Things (IoT) develops, there is an increasing need to “sense” changes in the atmospherics which surround semiconductors. In other words, the working chips must get smarter and smarter and have feel! Some of that AI feel … Continue reading →

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On Thursday, September 13, 2018, the National Labor Relations Board (NLRB) announced its intent to change the standard to determine joint-employment. In a September 13, 2018, news release, the Board stated that it will publish a proposed rule clarifying and restricting the standard to determine when two entities are considered a single joint-employer over a group of employees. The proposed changes would limit joint-employment to employers that possess and exercise substantial, direct and immediate control over the essential terms and conditions of employment of another employers employees. The proposed changes would also require that an employer must have exercised its…

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As weve discussed in detail previously, the right voir dire questions are those that lead you toward achieving two main objectives: 1) identifying jurors whose attitudes do not align with your client or your case, and 2) establishing the foundation for cause challenges. When done correctly, effective voir dire prevents your verdict from resting in […] The post Voir Dire Questions: Where Do I Start appeared first on Litigation Insights.

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By: Jeremy S. Macklin In Reynolds Ventures, Inc. v. Scottsdale Ins. Co., 2018 U.S. Dist. LEXIS 150508 (M.D. Fla., Sept. 5, 2018), the U.S. District Court for the Middle District of Florida held that a surplus lines insurer who acts … Continue reading →

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Governor Brown just signed a renewable energy initiative passed by the California legislature and known as SB100 that sets a goal of phasing out fossil fuels from the states energy portfolio by 2045. That initiative requires Californias utilities to utilize specific renewable resources to generate 60 percent of their portfolio by 2030, 10 percent higher … Continue reading "Governor Brown Signs Renewable Energy Initiative SB100" The post Governor Brown Signs Renewable Energy Initiative SB100 appeared first on The Energy & Natural Resources Blog.

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On October 29, 2018, the New Jersey Paid Sick Leave Law will go into effect.  As detailed in our prior Employment Law Alert, the law is the most onerous paid sick law in the country. It imposes many additional and challenging obligations upon virtually all New Jersey employers, and includes ...

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By Kyle Dickinson The U.S. District Court for Northern District of Illinois just sent insurers another reminder of the difficulties of proving that an insureds misrepresentations defeat coverage. In State Auto Property & Casualty Insurance Company, Inc. v. Blair, 2018 … Continue reading →

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Last week, the Bureau of Cannabis Control and the Department of Consumer Affairs' Division of Investigation Cannabis Enforcement Unit coordinated with police departments in Sacramento and Costa Mesa to serve search warrants on unlicensed cannabis businesses.

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By: Jason M. Taylor Currently, 30 states have enacted laws decriminalizing medical and/or recreational use and possession of marijuana or marijuana plants. Yet, despite state action, the use, possession, distribution, or cultivation of marijuana, for any purpose, remains illegal at … Continue reading →

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On July 9, 2018, President Trump nominated Judge Brett Kavanaugh to the Supreme Court of the United States. What does this mean for employers Let’s take a look.  

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Introduction On July 31, 2018, after years of debate and attempts at compromise, the Massachusetts legislature finally passed a bill that will fundamentally alter the use of noncompete agreements in the Commonwealth. The bill was signed by Governor Baker on August 10, 2018, and the law will go into effect on October 1, 2018. The new law will apply only to agreements that are signed on or after October 1, 2018. The law does not prohibit the use of noncompete agreements altogether, but it does create specific standards regarding the enforceability of such agreements. Coverage The new law applies to…

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Almost every case has one. Some cases have a few. And in mass tort litigation, they can follow a company around the country, affecting every case and never going away. Bad company documents are the bane of many trial attorneys existence. While the process oflimitingthe damage of bad company documentsbegins invoirdire (see Part 1),it doesnt […] The post How to Deal With Bad Company Documents, Part 2: Trial appeared first on Litigation Insights.

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Last week, Colorado and seven other states (Montana, North Carolina, Oregon, Utah, Vermont, Washington, and Wyoming) signed the Confluence Accords a treaty of sorts that commits the signors to various efforts to grow the outdoor recreation economy. The agreement dictates that the states adopt common principles aimed at: public education and promotion of the … Continue reading "States Team Up to Support and Protect the Outdoors and the $900 Billion Industry It Creates" The post States Team Up to Support and Protect the Outdoors and the $900 Billion Industry It Creates appeared first on The Sports & Outdoor Recreation…

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On May 25, 2018, the General Data Protection Regulation (GDPR) took full effect across the countries of the European Union, with unknown (and highly anticipated) effects on UDRP and related proceedings. In the days leading up to May 25, 2018, many trademark owners prepared and filed UDRP complaints for most, if not all, troublesome domain … Continue reading "GDPR Aftermath: The Effect of the EUs Data Protection Regulation on UDRP and Related Proceedings" The post GDPR Aftermath: The Effect of the EUs Data Protection Regulation on UDRP and Related Proceedings appeared first on The Intellectual Property Blog.

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What is Blockchain Blockchain technology, some might argue, is the most important technological innovation since the Internet. Those impacted by this technology are not only companies, but also everyday people. Thus, everyone should try to have a basic understanding of what blockchain is, and how one might benefit from it. The inventor of the blockchain … Continue reading "Blockchain: What is it and can I protect it via patents" The post Blockchain: What is it and can I protect it via patents appeared first on The Intellectual Property Blog.

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FROM DTSALaw:As we have previously predicted on these pages (and at www.dtsalaw.com ), the number of DTSA lawsuits has risen dramatically in 2017 and the first two quarters of 2018. Lex Machina and IPLaw 360 report that DTSA lawsuits increased … Continue reading →

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Pullback from Alice In February, the Federal Circuit issued its decision in Berkheimer v. Hp, Inc. (February decision) and seemed to pull back from what some would say is the overuse and early use of the Alice decision to invalidate … Continue reading →

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The State of Louisiana has joined seven other states- Texas, New Mexico, Washington, Oklahoma, Utah, Illinois and Florida- in passing legislation on use of surveillance cameras in rooms of long term care facility residents. Long term care facilities (LTCs) can no longer hide their heads in the sand over in-room surveillance. Active engagement with residents and their responsible parties is essential to quell concealed surveillance cameras. Louisianas Nursing Home Virtual Visitation Act (ACT) was passed on May 31, 2018 and has the following standard features: The resident must provide notice of installation to the facility; Visual recordings must include date…

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Here is an interesting article from the Washington Post that highlights a growing legal issue in the drone world. Drone flight is illegal over NFL stadiums, but enforcement is almost impossible. Technologies exist to mitigate or interfere with drone use. But, whether such anti-drone technologies are legal is extremely dubious in the current legal environment. […]

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The U.S. House of Representatives announced, at the end of last month, passage of the 2018 FAA Reauthorization Act by an overwhelming majority: 393 to 13. The Act includes a host of provisions relevant to the drone industry and in particular opens the door to an easier future for drone delivery programs. Lost in much […]

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The US Department of Transportation released the list of sites to test drone delivery and nighttime flightpart of the Trump administrations express goal of promoting a variety of commercial operations for drones that are currently barred by FAA Rules. San Diego is one of ten sites chosen across the countrythe only in Californiaand will focus […]

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The annual Climbing Wall Association (CWA) Summit in Loveland, Colorado, kicks off the week of May 14, 2018, with pre-conferences leading up to the premier trade show for the indoor climbing industry on May 17-18th. This show will unlock endless opportunities for indoor rock climbing gyms, product manufacturers, recreation centers and other industry players to … Continue reading "Climbing Wall Industry Reaching New Heights Ahead of Annual Summit" The post Climbing Wall Industry Reaching New Heights Ahead of Annual Summit appeared first on The Sports & Outdoor Recreation Blog.

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Hints on a possible presidential run by Colorado Gov. John Hickenlooper could boost attention for outdoor-industry issues in the 2020 campaign. Hickenlooper was in Washington, D.C., on Tuesday to accept the annual Friend of the Outdoor Industry Award during the Outdoor Industry Associations (OIA) annual Capitol Summit and hinted at a possible 2020 presidential run. … Continue reading "A Friend of the Outdoors: Colorado Governor Hints at Possible Presidential Run" The post A Friend of the Outdoors: Colorado Governor Hints at Possible Presidential Run appeared first on The Sports & Outdoor Recreation Blog.

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The Michigan Supreme Court has appointed the Honorable Christopher M. Murray to serve as the Chief Judge for the Court of Appeals.  Chief Judge Murray has served on the Court of Appeals since 2002, and has been serving as Chief Judge Pro Tem pending the retirement of the Honorable Michael J. Talbot's retirement this month.  Chief Judge Murray will complete the current two year term for chief judge, which expires December 31, 2019. 

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Title VII of the Civil Rights Act of 1964 prohibits employers of 15 or more employees and engaged in interstate commerce from discriminating against employees on the basis of sex, in addition to other categories. Sex discrimination prohibited by Title VII includes pregnancy discrimination. This blog post addresses how the Equal Employment Opportunity Commission (EEOC) may have misapplied Title VII in the context of lifting restrictions at a nursing facility. On March 7, 2018, the Equal Employment Opportunity Commission filed a complaint asserting sex discrimination against a North Carolina rehabilitation and nursing center on behalf of two nursing assistants. The…

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A prescriptive easement arises in a manner similar to adverse possession—after 15 years of open, continuous, notorious, and adverse use.  In the landmark decision of Marlette Auto Wash, LLC v. Van Dyke SC Properties, LLC, No. 153979, the Michigan Supreme Court put to rest all doubts that a prescriptive easement vests automatically after 15 years, regardless of whether the adverse user ever took legal action to claim the easement.  Once the 15 years has run, the easement vests and then runs with the land, like any express easement, even if it is not mentioned in any deed or reflected in…

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The Michigan Supreme Court has granted mini-oral argument in Sejasmi Industries, Inc v Quality Cavity, Inc, No. 156341, to consider the interpretation and application of the molder’s lien act, MCL 445.619(5)(b).  Specifically, the MSC will hear argument as to whether the statutory provision requires payment to the moldbuilder to extinguish the moldbuilder's lien.

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Just as the state has allowed legalized adult use of cannabis, the feds have thrown a wrench in California's new "Green Rush" era.

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One of the most common questions we receive from Community Association clients is how do we preserve our lien for and recover delinquent assessments  The frustrating reality is that some owners in Community Associations fail to pay their assessments in a timely manner.  These delinquencies can create serious financial issues within the community.  There are a few ways for Community Associations to pursue delinquent assessments.  In part one of this series on collection remedies, we will discuss one method of collection, or rather, preservation, of a Community Association’s lien: the memorandum of lien. What is a memorandum of lien A…

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Crowdfunding offers an option to startups and small businesses to raise capital, although it is a greatly misunderstood and misused term. It refers to the pooling of money from a crowd for the funding of a project or venture, whether utilizing a donation model, reward model, royalty model, debt model or equity model. Securities laws apply when equity or debt securities are offered. In regard to crowdfunding, Congress amended the Securities Act to allow for an exemption from the registration of such securities if the issuer complies with certain rules and restrictions. To implement this amendment, federal crowdfunding rules were…

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Its now been widely reported that the cause of the recent Equifax data breach, which compromised the personal data of perhaps as many as 143 million people, was the result of the companys alleged failure to apply a patch to fix a known security hole in some open source software (OSS), known as Apache Struts. But there is now some controversy about whether those reports are accurate or reliable, and some of the early reports have since been retracted. There is technical complexity about security holes in OSS and application of patches that have led to conflicting viewpoints on how…

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The fight is not over yet, but the insurance industry just had a significant victory in the United States Court of Appeals for the Ninth Circuit. The scenario is likely familiar to most. Youre invited to send a text and get something in returnmaybe news updates, maybe a chance to win concert tickets. In this case it was the promise of having your sent text posted at a basketball game. Someone sent a text hoping to see their message on a big screen at a Lakers game, and then shortly thereafter got a text back reading something along the lines…

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Consider Adding Trademark Classes to Aid Enforcement of Brand Identity In trademark law, marks come in two distinct flavors: trademarks that are used to identify the source of tangible products, and service marks that identify the source of services. As one example, colleges are in the business of providing education and commonly obtain federal service … Continue reading "Could Your Service Mark Someday Appear on a Branded Product" The post Could Your Service Mark Someday Appear on a Branded Product appeared first on The Fashion Intellectual Property Blog.

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In performing the likelihood of confusion analysis between a registered trademark and an applied for mark, the Trademark Trial and Appeal Board (the Board) considers a range of factors known as the du Pont factors. One of the factors upon which a case can turn is the similarity of the two relevant marks. When comparing … Continue reading "Third-Party Registrations and Uses for Marks Similar to the Cited Registered Trademark Are Again Deemed Insufficient to Carry the Day" The post Third-Party Registrations and Uses for Marks Similar to the Cited Registered Trademark Are Again Deemed Insufficient to Carry the Day…

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That was the question the Trademark Trial and Appeal Board (the Board) sought to answer in the application proceedings of In re Don Calder. In this case, the trademark applicant sought to register the mark CALIFORNIA REPUBLIC (with CALIFORNIA disclaimed) for various clothing goods, including shoes, pants, jeans, shorts, hats, jackets, and belts in International … Continue reading "Does the Standard Word Mark CALIFORNIA REPUBLIC Create a Likelihood of Confusion with a Registered Mark Incorporating the Words “REPUBLIK of KALIFORNIA”" The post Does the Standard Word Mark CALIFORNIA REPUBLIC Create a Likelihood of Confusion with a Registered Mark Incorporating the…

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With the legalization of cannabis in California, cannabis businesses will need to address their real estate needs. As not many businesses can afford to buy a building outright, leases will need to be negotiated and executed. However, cannabis related real estate leases will need to be handled more carefully than a normal commercial lease.

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A multi-unit franchise owner can structure its operations in a number of ways, but one approach in particular often makes a lot of sense: a developer entity that acts as the parent company for the individual franchise locations. First some background. Many franchisors seek out franchisees who want to open three or more units. One approach is to sign a development agreement in which the developer commits to open an agreed-upon number of franchise units in a defined territory over a specified period. In exchange, the franchisor agrees not to open a company-owned unit or to grant a franchise to…

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Walt Disney (Disney) suffered a loss last week in an adverse employment action based on its use of information in consumer reports as part of its employment screening process. The plaintiffs have alleged that they were injured when inaccurate credit reporting information, which they had no opportunity to challenge or correct, became a factor in … Continue reading Los Angeles Judge Elects Generalized Common Issue to Justify Class Certification →

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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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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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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 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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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