Several years ago, Santos Raul Escobar-Hernandez was attacked by a man named Nelson in El Salvador over some political graffiti near his house, and attacked again even after he removed it. His application for asylum in the United States was … Continue reading →

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Defendant Juan Garcia was convicted of driving 78 miles per hour in a 65-mile-per-hour speed zone, based on the testimony of a police officer who used radar technology to determine his speed. On appeal, Garcia argued that expert testimony was … Continue reading →

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Colorado’s secretary of state and attorney general have announced that they will ask the Supreme Court to review the Tenth Circuit’s ruling in Baca v. Colorado Department of State. That decision held that the federal constitution bars Colorado from disqualifying … Continue reading →

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Contributed by Suzanne Newcomb, October 16, 2019 Long used to prevent former employees from gaining an unfair competitive advantage, covenants not to compete are increasingly under attack. California, North Dakota and Oklahoma essentially ban employee non-competes and recent legislation in Illinois, Maine, Maryland, Massachusetts, New Hampshire, Oregon, and Washington prevents their use with lower wage […]

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Steven W. Quattlebaum and Brittany S. Ford, along with Julia Romano from King & Spalding LLP, achieved a defense verdict in favor of Johnson & Johnson in a talcum powder asbestos exposure case. After deliberating roughly one day following a three-week trial, the jury rejected the plaintiffs claim that his pleural mesothelioma, a cancer of... Read More The post Defense Verdict in Talcum Powder Exposure Case appeared first on Quattlebaum, Grooms and Tull.

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Contributed by Michael J. Faley, October 11, 2019 Colleges and universities have witnessed major developments in September with student teaching and research assistants at private schools losing the right to unionize but student-athletes in California gaining the right to be paid.U.S. higher education will see significant changes as a result. In Major Reversal, U.S. Labor […]

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Contributed by Beverly Alfon, October 8, 2019 The National Labor Relations Act (NLRA) requires employers with a unionized workforce to bargain in good faith with the union over mandatory subjects of bargaining (e.g., wages, hours, and other terms and conditions of employment). The duty to bargain continues during the term of a collective bargaining agreement (CBA) […]

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Last month, the IRS issued new guidance on the tax treatment of uncashed distribution checks from qualified retirement plans. In Revenue Ruling 2019-19, the IRS ruled that a participant's failure to cash the required distribution check she received from a qualified plan did not permit her to exclude the distribution from her taxable income or alter her employer's obligation to withhold taxes from the distribution and report it as taxable income. Under the facts of the ruling, the participant did not have any amount under the plan that had already been taxed (such as voluntary employee after-tax contributions), had not…

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On September 18, 2019, California Governor Gavin Newsom approved Assembly Bill 5 (AB 5) to limit the classification of workers as independent contractors in the state. The new law, effective January 1, 2020, will increase payroll tax responsibilities for California companies that must reclassify workers as employees. While the landscape of worker classification has dramatically shifted, companies that have patterned themselves as third party settlement organizations (TPSO's) may decide to launch a defense from a federal tax reporting perspective. The B in the ABC Test AB 5 codified the groundbreaking California Supreme Court decision Dynamex Operations West Inc. v. Superior…

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The United States Patent and Trademark Offices (USPTO) new rule requiring foreign-domiciled trademark applicants, registrants, or trademark-proceeding parties to be represented by a U.S. attorney (84 FR 31498) took effect on August 3, 2019. The USPTO issued an accompanying initial Examination Guide in early August to help implement the rule. After taking into account responses … Continue reading "Revised Examination Guide Addresses Concerns with Determining Applicant’s Domicile" The post Revised Examination Guide Addresses Concerns with Determining Applicant’s Domicile appeared first on The Intellectual Property Blog.

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An article by Mary-Tipton Thalheimer and R. Seth Hampton, “Recent Amendment to Chapter 12 Bankruptcy Debt Limits Under the Family Farmer Relief Act of 2019”, is featured in the Fall 2019 issue of The Arkansas Banker, the official publication of the Arkansas Bankers Association.  First appearing in 1917, the monthly publication provides the most complete... Read More The post Mary-Tipton Thalheimer and Seth Hampton Published in The Arkansas Banker appeared first on Quattlebaum, Grooms and Tull.

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October 2019 by Mary-Tipton Thalheimer and R. Seth Hampton | In the late 1980s, Congress enacted Chapter 12 of the United States Bankruptcy Code (the Bankruptcy Code) to give hope to family farmers who are facing the brink of disaster where they would have to be thrown off their farms by giving them the ability... Read More The post Recent Amendment to Chapter 12 Bankruptcy Debt Limits Under the Family Farmer Relief Act of 2019 appeared first on Quattlebaum, Grooms and Tull.

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From what weve seen in our many years of researching jurors and assisting trial teams, there are two main types of final work product a client can receive from a jury consultant after a mock trial or focus group project:... Read More The post What Should I Expect from a Jury Research Report appeared first on Litigation Insights.

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In Curver v. Home Expressions, decided on September 12, 2019, the Federal Circuit affirmed the dismissal of Curvers design patent infringement suit against Home Expressions. The Federal Circuit held that claim language can limit the scope of a design patent where the claim language supplies the only instance of an article of manufacture that appears … Continue reading "Beware Your Design Language – Curver v. Home Expressions" The post Beware Your Design Language – Curver v. Home Expressions appeared first on The Intellectual Property Blog.

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Tonight the La Mesa City Council will consider a draft Ordinance that proposes to allow new Adult-Use Commercial Cannabis businesses to operate in the City. As currently drafted, the Ordinance will have no cap on the number of licenses that will be issued. If passed, La Mesa would be the first City in San Diego County without a limit on the number of commercial cannabis licenses. In 2016, City voters passed, Measure U, which allowed medicinal cannabis dispensaries and the medicinal cultivation and manufacturing of medical marijuana to operate with an approved Conditional Use Permit. As proposed, the Ordinance would…

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Today, September 24, 2019, the United States Department of Labor (USDOL) published its long-awaited Final Rule expanding overtime eligibility. Under the Final Rule, which will become effective on January 1, 2020, employers may have to pay overtime to employees who never previously ...

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Last week, the Environmental Protection Agency announced approximately $6 million has been awarded, as part of the EPA’s Science to Achieve Results Program, to eight organizations for research into the environmental impacts of per- and poly- fluoroalkyl substances (PFAS). The ...

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Two recent opinions of the California Court of Appeal address the enforcement of arbitration agreements in the senior care setting when executed by someone other than the resident. The Court of Appeal's decisions in Valentine v. Plum Healthcare Group, LLC (2019) 37 Cal.App.5th 1076 (Valentine) and Lopez v. Bartlett Care Center LLC (2019) ____ Cal.App.5th ____ [2019 WL 3422610] (Lopez) serve as a reminderto skilled nursing facilities, assisted living communities, and other residential communities alikethat an arbitration agreement that is not signed by the resident may not be enforceable as to the resident and may not even be enforceable against…

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As we have discussed in previous posts (Local Drone Regulations and Possible Federal Preemption and Federal Case Declared Local Ordinance Illegal), the law is unclear as to the line which local government may not cross in regulating drone use before being preempted by federal authority. The legal landscape of preemption issues related to local drone […]

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The United States, unlike many other countries, requires proof of use before a trademark registration will be granted.  Applicants can still file an application before use commences, provided that the applicant has a bona fide intent to use a mark, but the trademark registration still will not issue until acceptable use evidence is submitted.  This … Continue reading "Use Requirements in the United States for Foreign Applicants" The post Use Requirements in the United States for Foreign Applicants appeared first on The Intellectual Property Blog.

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We often get questions about what presentation software to use for presenting documents at hearings, arbitrations, and trial. As is so often the case, using the tool best suited for the situation can really make a difference in the outcome... Read More The post What’s the Best Presentation Software for Presenting Documents at Trial appeared first on Litigation Insights.

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A fundamental and practical problem in regulating drone use is that the operator is remote from the drone.If a drone operator is violating Federal regulations, it is difficult if not impossible to locate the person flying the drone and hold them accountable. One potential solution is to require a drone to broadcast its identifying information […]

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Per- and polyflouroalkyl substances (collectively known as a class as PFAS) have been widely used in industrial and consumer applications for years.  PFAS are a class of long-lasting chemicals that have been shown to accumulate in the human body.  PFAS have historically been used in non-stick cookware, stain and water resistant fabrics, and are also … Continue reading "PFAS Legislation May Impact Utilities and Other Unprepared Sectors" The post PFAS Legislation May Impact Utilities and Other Unprepared Sectors appeared first on The Energy & Natural Resources Blog.

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A drone flies over a water tank (or a bridge, a power plant, a baseball stadium, an airport…the possibilities are endless). Even assuming that the local government agency with jurisdiction over the water tank has restricted drone flight, how is it to enforce such a restrictionAn agency seeking to enforce its drone restrictions could shoot […]

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At Litigation Insights, weve had decades to work with trial graphics and technology. But ours is an assisting role; we experience the world of trial graphics from one side the consultants. As such, we wanted to learn more about... Read More The post 4 Realities of Using Graphics in Trial (According to a Great Trial Attorney) appeared first on Litigation Insights.

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The Opportunity Zones (OZ) Program was established in the Tax Cuts and Jobs Act of 2017 as a way to transform economically distressed rural and urban communities through renewed investment. Specific areas are designated (using the same standards as those for New Market Tax Credits) as certified census tracts by the U.S. Department of Treasury. States nominated up to 25 percent of their qualified census tracts based on range of factors including likelihood of attracting short- and long-term investment. There are 8,764 certified OZs around the United States, which includes all 50 states, the District of Columbia, and Puerto Rico.…

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Many states, including Kentucky, have adopted the Uniform Trust Code (“UTC”).  The UTC is a comprehensive statutory schemework governing the administration of trusts. 

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Since our country’s inception in 1776, Americans have come to find that very few things in life are certain, with the exception of death and taxes.  In the world of trusts, these two certainties have historically gone hand-in-hand.  On Friday, June 21, 2019, however, the United States Supreme Court’s decision in North Carolina Dept. of Revenue v. Kimberly Rice Kaestner 1992 Family Trust laid such certainty to rest.

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Next week, the U.S. Senate Committee on Banking, Housing and Urban Affairs will hear from U.S. Senators, Banking representatives, and Cannabis industry leaders to discuss the numerous banking challenges for the cannabis industry. The witnesses scheduled to speak at the Hearing include United States Senators, Cory Gardner (of Colorado) and Jeff Merkley (of Oregon). Both Senators are also supporters of the Secure and Fair Enforcement Banking Act (SAFE), a banking bill that proposes to open up safe harbors to financial institutions working with cannabis businesses in states where cannabis is now legal. Additional witnesses scheduled to speak include, Chief Risk…

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On Thursday, the California Legislature passed Assembly Bill 97 in an attempt to avoid further disruption to the issuance of Annual Commercial Cannabis Licenses. The Governor is expected to sign the bill into law, and if signed would go into effect immediately.This year thousands of commercial cannabis licenses were due to have their state-issued Temporary Licenses expire pursuant to a provision under the Medicinal and Adult-Use Cannabis Regulation Safety Act (MAUCRSA). That provision, prohibited state licensing agencies from issuing additional Temporary Licenses after December 31, 2018.  Under MAUCRSA, Temporary Licenses were only valid for 120 days.  Last year, the State…

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Southern District of Texas Remands Obama WOTUS Rule The U.S. District Court for the Southern District of Texas decided on May 28, 2019, that the Obama-era Clean Water Rule defining waters of the United States (WOTUS Rule), see 80 Fed. Reg. 37,054 (June 29, 2015), must be remanded to the U.S. Environmental Protection Agency and … Continue reading "Federal Water Quality – WOTUS Rule Updates Leave Some States in Flux" The post Federal Water Quality – WOTUS Rule Updates Leave Some States in Flux appeared first on The Energy & Natural Resources Blog.

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Managing employee leave directly impacts most companies bottom line. While it is challenging enough to navigate the confusing and ever-changing minefield of federal, state, and local laws governing employee leave, that challenge becomes exponentially more difficult for multi-state employers. To make matters worse, even simple missteps can lead to expensive lawsuits where employee-side attorneys can seek their attorneys fees as damages, class actions, and actions by the government. In short, the stakes have never been higher. Join the attorneys of LeClairRyan for this complimentary one-hour webinar as we discuss how companies can mitigate risk when balancing their efforts to control…

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In a closely-watched case, the Supreme Court unanimously held today that an employer who does not timely raise an employees failure to comply with the EEOCs exhaustion requirements can be held to have waived its right to raise that defense, because the exhaustion requirement is not a jurisdictional prerequisite. In Fort Bend County v. Davis, Fort Bend County waited five years to argue that Lois Davis did not properly pursue her religious-discrimination claim with the EEOC. (During this time, the district court granted Fort Bend Countys motion for summary judgment, but the Fifth Circuit reversed in part, and the Supreme…

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Each year employers with 100 or more employees, or employers who are federal contractors with 50 or more employees, must file an EEO-1 Report with the Equal Employment Opportunity Commission. (EEOC). Until recently, the EEOC only sought information regarding employees race, ethnicity, and gender by job category. In 2016, the Obama Administration proposed requiring employers to provide certain pay data. Before employers were required to provide that information, the Trump Administration attempted to take steps to roll back the new requirement. A federal District Court, however, disapproved of those efforts and has recently held that covered employers are to produce…

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On April 10, 2019, President Trump signed an executive order that alters how Section 401 review is performed under the Clean Water Act (CWA). Currently, applicants must seek State authorization of a project pursuant to Section 401 of the CWA from the State in which the project is located.Section 401 delegates federal authority to the … Continue reading "Executive Order Will Impact Clean Water Act Permitting Process" The post Executive Order Will Impact Clean Water Act Permitting Process appeared first on The Energy & Natural Resources Blog.

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Kent Bevanpublished a story in USLAW Magazine entitled, “When the Driver is a Computer: Addressing Auto Insurance Issues Surrounding Autonomous Vehicles.” “Driverless cars and autonomous vehiclesare a common sight in futuristic sciencefiction movies, but now theyre becoming apart of present-day … Continue reading →

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Lee Brumitt delivers a presentation to the American Society of Professional Estimators, “Dealing with Change and Delay on Construction Projects.”

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In a recent column for Corporate Compliance Insights, LeClairRyan attorney Thomas C. Regan discusses litigation revolving around allegations that a supervisor failed to properly respond to sexual harassment of an employee by a non-employee. Tom provides insight to help employers understand their potential liability and avoid getting ensnared in similar situations: “The #MeToo movement has hammered home for employers the critical importance of keeping sexual harassment out of the workplace. However, a recent federal court case underscores how sexual harassment can occur in ways that defy what many employers might think of as the typical pattern. The ruling by the…

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Employers now have two additional months to file their EEO-1 report. As a result of the federal government shut down, the U.S. Equal Employment Opportunity Commission (EEOC) has extended the deadline. Employers must file EEO-1 forms for 2018 by May 31, 2019 rather than the usual March 31 due date. Private employers that have at least 100 employees are required to file EEO-1 survey annually with the EEOC. Federal government contractors and first-tier subcontractors with 50 or more employees and at least $50,000 in contracts must file as well. The EEO-1 Report is a compliance survey mandated by federal statute…

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(Movie trailer voiceover): Imagine a legal world where the outcome of a motion depends on what side of the street the case was filed. For parties litigating certain types of cases in the District of Columbia, this bizarre worldis unfortunatelyall too real. In the DC Superior Court, which partially sits on C Street in Northwest DC, a party can invoke the D.C. anti-SLAPP statute to respond to a lawsuit that arises from an act in furtherance of the right of advocacy on issues of public interest. Thats what Christopher Steele and Orbis Business did last year, successfully obtaining dismissal of…

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Lee Brumittpresented to the Kansas City Chapter of the National Association for Women in Construction on January 14. The presentation entitled Preserving and Advancing Contractors Payment Rights focused on federal, Missouri, and Kansas law and discussed tools and best practices … Continue reading →

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In these early days of the new year, I thought it would be useful to take a look back at the 2018 decisions, developments, and discussions involving the DC anti-SLAPP statute, as they will continue to impact this area of the law in 2019 and beyond. The Door to Federal Court Remains Closed Without question, the most significant issue continues to be the unavailability of the statute in DC federal court. Multiple parties have argued the DC Circuits Abbas decision (in which that court held the statute was unavailable in federal court because the likelihood of success standard (which the…

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In 2015, when the DC Circuit held the D.C. anti-SLAPP statute conflicts with the Federal Rules of Civil Procedure, and thus could not apply in a federal court diversity case, it became the first federal Court of Appeals to so hold. Now there are two. First, some background. The Ninth Circuit has long held that anti-SLAPP statutes can be applied in federal court. Although several of the judges on that court have suggested it should revisit its prior holding, a majority of judges on the court have resisted this plea; as such, it remains the case that anti-SLAPP statutes can…

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Our 12/11 webinar, Pay Equity: What’s in Your Payroll, is now available in archived form here. Thank you to those who joined us yesterday — we look forward to offering more soon.

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For winter sport enthusiasts and hikers alike, a goal only a few accomplish, involves the will, training and drive to reach the South Pole. This beautiful but strenuous 700-plus mile journey through white-out conditions, limited resources and pulling ones own weight in supplies to survive, is a feat. This winter, Eric Larsen will try to … Continue reading "Adventurer Strives to Break World Record in Upcoming Trek to South Pole" The post Adventurer Strives to Break World Record in Upcoming Trek to South Pole appeared first on The Sports & Outdoor Recreation Blog.

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The results of the 2018 general election are in the books for 318 contested races. A total of 2,578,358 Colorado voters returned ballots (813,079 Republicans, 848,493 Democrats and 877,066 Unaffiliated). We want to take a moment to give you a brief update on where things stand now, and what it will mean for the state … Continue reading "Colorado 2018 General Election Recap" The post Colorado 2018 General Election Recap appeared first on The Sports & Outdoor Recreation Blog.

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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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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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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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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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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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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 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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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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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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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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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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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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