Ken Starr, a former judge on the D.C. Circuit who also served as solicitor general under the first President Bush, also known as the independent counsel who investigated President Bill Clinton, will be speaking at two events in Albuquerque tomorrow. … Continue reading →

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There has been a nagging question regarding the status of the on-sale bar ever since passage of the AIA in 2011. The Supreme Court has unanimously answered the question in the negative in the slip opinion inHelsinn Healthcare v. TevaNo. … Continue reading →

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Contributed by Rebecca Dobbs Bush, January 22, 2019 The Employee Retirement Income Security Act (ERISA) requires that plan sponsors develop and maintain a comprehensive plan document as well as a concise, understandable summary plan description (SPD) to communicate to employees what types of benefits are available under an ERISA plan, what the eligibility requirements are, […]

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Amanda Pennington KetchumandLeslie A. Boereceived special recognitions in this year’s edition ofSuper Lawyers: Advertisements

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In Maralex Resources, Inc. v. Barnhardt, the Tenth Circuit reversed a district court’s order that had granted the Bureau of Land Management (BLM) authority to require a private landowner to provide it with a key to access and inspect oil and gas wells. Although … Continue reading →

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The Supreme Court of the United States has asked the Trump Administration to weigh in on the question of whether the Clean Water Act applies to pollutants migrating through groundwater before ultimately reaching “waters of the United States.” This issue is being closely monitored by ...

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Yesterday, Chief Justice Judith Nakamura addressed a joint session of the Legislature to address the state of the New Mexico judiciary. You can read about it here and here.

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Kenneth N. Hall and Scott M. Lar are scheduled presenters for the 2019 Delta Leadership Network Annual Conference, February 5-7, 2019, at the Little Rock Marriott Downtown. This years conference will focus on partnership development opportunities that are both local and regional in the Delta Regional Authoritys footprint. Ken and Scott will discuss Federal Opportunity... Read More The post Ken Hall and Scott Lar to present at 2019 Delta Leadership Network Annual Conference appeared first on Quattlebaum, Grooms and Tull.

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With the New Jersey Medical Marijuana Program serving more than 36,500 patients, questions surrounding the use of cannabis in the workplace are growing exponentially.  Considering that there were more than 146 applications to the Department of Health to open Medical Marijuana ...

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Contributed by Brian Wacker, January 15, 2019 Last month,this blogdiscussedNew Prime, Inc. v. Oliveira, a then-pending case before the Supreme Court that presented the question of whether arbitration agreements between trucking companies and independent contractor drivers fall within the transportation exemption to the Federal Arbitration Act (FAA). This morning, the Court unanimously ruled in favor […]

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By James Eastham In its decision in Youell v. Cincinnati Ins. Co. 2018 WL 6816772 (Ind. Ct. App. Dec. 28, 2018), the Indiana Court of Appeals  ruled on the issue of whether a Landlords insurer has the right via subrogation … Continue reading →

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By Brian Margolies In its recent decision in Clarendon National Ins. Co. v. Philadelphia Indemnity Ins. Co., 2019 WL 134614 (D. Mass. Jan. 8, 2019), the United States District Court for the District of Massachusetts had occasion to consider the … Continue reading →

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Thank you for being a part of the authoritative policy discussions on issues impacting life and business in Indiana during the 27th Annual BGD Legislative Conference at the Indiana Convention Center on Dec. 12, 2018. The impressive lineup of speakers, including 25 elected officials, and a robust agenda helped make this year’s conference another premier event; thank you again to event sponsors Casino Association of Indiana, Inside INdiana Business, Indianapolis Bar Association Government Practice Section and Hannah News Service!

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Contributed by Allison P. Sues, January 14, 2019 The Supreme Court may soon answer a question that divides federal courts: may an employer consider an employees salary history when setting pay without violating the Equal Pay Act (EPA)The EPA prohibits employers from paying wages to employees of one sex less than employees of the […]

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By Brian Margolies In its recent decision in Century Surety Co. v. Andrew, 2018 WL 6609591 (Nev. Dec. 13, 2018), the Nevada Supreme Court had occasion to consider the damages available to an insured resulting from an insurers breach of … Continue reading →

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Over the last 23 years, Ive attendedplentyofmediationswith clients to help them prepare and present their mediation presentation.But from what Ive seen,theres not muchactualmediationgoing on.Instead, it usually goes something like this: Mediator: You never know what youre going to get with... Read More The post Why So Many Mediations Fail, and How You Can Up Your Success Rate appeared first on Litigation Insights.

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By Brian Margolies In its recent decision in Colorado Boxed Beef Co., Inc. v. Evanston Ins. Co.,2019 WL 77376 (M.D. Fla. Jan. 2, 2019), the United States District Court for the Middle District of Florida had occasion to consider an … 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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A recent Indiana Court of Appeals decision provides valuable practice pointers for municipalities considering the sale of their utilities. Municipalities that do not comply exactly with statute when selling a utility do not necessarily doom the sale. The Court of Appeals’ ruling in NOW!, Inc. v. Indiana-American Water Company, Inc., __ N.E.3d __, 2018 WL 6837732 (Ind. Ct. App. Dec. 31, 2018)[1], affirmed the Indiana Utility Regulatory Commission’s (“IURC”) order approving the sale of the City of Charlestown’s (“City” or “Charlestown”) water utility to a private utility.

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Traub Lieberman is pleased to announce the addition of three insurance coverage attorneys to the firms Chicago office. The additions include Dana A. Rice, Adam P. Joffe, and Abigail M. Afridi. All three attorneys join the firm from Hinshaw & Culbertson … Continue reading →

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Dysart Taylor is pleased to announce thatCarol Smithhas been elected as a shareholder/director of the firm. Were excited to include Carol in our leadership group, said Dysart Taylor Managing Director Amanda Pennington Ketchum. Her unique experience and expertise will provide … Continue reading →

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From Law.Com and its Legaltech news former Microsoft CTO Adrian Clarke (Evident Proof) reports on the technology of Blockchain and its purported major security benefits for the supply ecosystem. “The blockchain is a transaction ledger that is uneditable and virtually … Continue reading →

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On Wednesday, December 19, 2018, the New Mexico Public Regulation Commission in a 5-0 vote approved PNMs application to join the Western Energy Imbalance Market. The vote granted PNMs request for joining the EIM to be treated as a regulatory asset which will allow PNM cost recovery. Under the operation of CAISO, it is anticipated … Continue reading "New Mexico Public Regulation Commission Approves PNM Joining Western Energy Imbalance Market" The post New Mexico Public Regulation Commission Approves PNM Joining Western Energy Imbalance Market appeared first on The Energy & Natural Resources Blog.

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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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Joe Pricewas inducted into the Hall of Fame of the Estate Planning Society of Kansas City (EPS)on Dec. 12, 2018. He is only the 9thattorney, and the youngest,to ever be inducted into the Hall of Fame. The others were Peter … Continue reading →

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Evicting a tenant for non-payment of rent, otherwise known in Kentucky as a forcible detainer action, is usually the most straightforward method for a landlord to terminate a tenant’s right to the premises. Although Kentucky judges will offer a hearing to any tenant who requests one, one of the few accepted legal defenses a tenant can present during this hearing is proof that rent was in fact paid within the required timeframe. This is because under the Uniform Residential Landlord Tenant Act (“URLTA”), a landlord waives the right to evict a tenant if the landlord has accepted any payments (full…

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The IRS recently issued proposed regulations to implement changes to the rules for hardship distributions from 401(k) plans made by theBipartisan Budget Act of 2018 (BBA) that will take effect on January 1, 2019. The proposed changes will make hardship distributions more widely available and will ease administration of hardship distributions for plan sponsors. While employers may implement some of these changes retroactively to apply as of January 1, 2018, plans need not be amended this year for any of the changes. This alert explains the mandatory and optional plan changes, and optional effective dates for each change. Implementation of…

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Capturing lightning in a bottle: As fast-growing San Francisco concludes its largest rezoning in 10 years, will its novel new urban-planning guidelines for South of Market represent what the city's downtown needs in a fast-moving business, cultural and economic environment In early December 2018, the San Francisco Board of Supervisors gave final approval of the "Central SOMA Plan," (the Plan) resulting in the largest rezoning of the commercial heart of the city since the renowned Downtown Plan was adopted in the 1980's. The Mayor has indicated she will not veto it, and it will take effect in January 2019. The…

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"What are the 'waters of the United States' As it turns out, defining that statutory phrasea central component of the Clean Water Actis a contentious and difficult task." This observation, recently made by Justice Sonia Sotomayor, understates the difficulty in answering what should otherwise be an anodyne question: Does my project require a Clean Water Act permit At this moment, answers to this question may be far from certain. Because of conflicting rulemakings by the Obama and Trump administrations and a variety of court-issued injunctions, the federal definition of "waters of the United States", or "WOTUS", now differs state-to-state. Amidst…

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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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At ourrecent all-firm meeting,the topic of travel came up; not surprising, given that most ofour teamcoversalotof ground each year. Soon enough,weallbegan sharingour favorite travel tips,and were pleased to discover a fewthateven ourhardenedLIroad warriorshadnt heard of. Given that our average readerisno... Read More The post Top 10 Travel Tips for Road Warriors appeared first on Litigation Insights.

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In September, I wrote about the anti-SLAPP special motion to dismiss filed by The Saudi American Public Relation Affairs Committee and Salman Al-Ansari (its founder/president) in response to a suit by The Institute for Gulf Affairs and Ali Al-Ahmed (its founder). The suit asserted claims for defamation per se, false light invasion of privacy, and intentional infliction of emotional distress based on statements allegedly made by Al-Ansari, including that AlAhmed is a terrorist himself, AlAhmed cares nothing for the sincere shared collective of ideas and cultures, but AlAhmed will use any means to exterminate the prospects of a peaceful world,…

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@Proskauer Rose Attorney Steve Kayman and Judicial Law Clerk Lauren Davis published this opinion piece on Law 360 to all of whom we acknowledge their copyright protection.http://tinyurl.com/yaaonlmd “A Call for Nationwide Consistency on Noncompetes” rightly urges for more consistency in … Continue reading →

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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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On November 9, 2018, in Arista Networks, Inc. v. Cisco Systems, Inc., the Federal Circuit held that assignor estoppel does not apply in inter partes review (IPR) proceedings.In this case, a former employee of Cisco Systems, Inc. (Cisco), who had assigned his invention as patented (U.S. Patent No. 7,340,597 – the 597 patent) to Cisco, … Continue reading "Federal Circuit Decision: Assignor Estoppel Has No Place in IPR Proceedings" The post Federal Circuit Decision: Assignor Estoppel Has No Place in IPR Proceedings appeared first on The Intellectual Property Blog.

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Earlier this month, the U.S. Department of Labor (DOL) issued Opinion Letter FLSA2018-27 providing updated guidance to employers on how to pay tipped employees. The new Opinion Letter abandoned the previous 80/20 tip credit rule. The DOLs new guidance provides no limit on the amount of time a tipped employee spends on related non-tip-producing duties so long as such duties are performed contemporaneously with the duties involving direct service to customers or for a reasonable time immediately before or after performing such direct-service duties. The Fair Labor Standards Act allows employers to pay tipped employees (employees that customarily and regularly…

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Pay equity is one of the hottest topics for employers today. Its not just about current wages, but hiring inquiries, benefits, and other actions that can create liability for your organization. Pay practices require diligence from HR staff down to the hiring supervisor; and how your organization is embracing equal pay may be a critical component whenever a claim arises. Join the attorneys of LeClairRyan for this complimentary one-hour webinar as we dive into federal and state legislation and keys to compliance in your operations. On the agenda, we will discuss: – Compensation – Discrepancies in pay – How complaints…

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The amazing work done by great nonprofits can never get too much press. So as another Thanksgiving approaches, wed like to make special mention of the organizations (and their wonderful staff!) that weve had the pleasure of working with in... Read More The post Giving Thanks to Great Nonprofits (2018) appeared first on Litigation Insights.

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On November 5, 2018the 10th Circuit Court of Appeals ruled in favor of the U.S.Army Corps of Engineers’ approvalto store more water in Colorados Chatfield Reservoir. The Audubon Society had challenged the Corps decision under the National Environmental Policy Act and the Clean Water Act, arguing that the Corps decision was arbitrary and capricious. … Continue reading "10th Circuit Upholds Army Corps Approval of Colorado Water Storage Project" The post 10th Circuit Upholds Army Corps Approval of Colorado Water Storage Project appeared first on The Energy & Natural Resources Blog.

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KEY FEDERAL RACES At the federal level, 10 of 11 seats in Arizonas Congressional delegation saw election races. The 2018 election shaped up to be a groundbreaking year for Arizona politics as hard-fought races caught the attention of the entire nation. U.S. Senate:With Senator Flakes announcement to not seek re-election, a contentious election bid formed … Continue reading "Recap and Commentary for Arizonas 2018 Mid-Term Elections" The post Recap and Commentary for Arizonas 2018 Mid-Term Elections appeared first on The Energy & Natural Resources 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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Sixteen (16) attorneys from Quattlebaum, Grooms & Tull PLLC were recently named to the Mid-South Super Lawyers or Mid-South Rising Stars lists for 2018 bySuper Lawyers. E. B. (Chip) Chiles IV,Joseph R. Falasco,Timothy W. Grooms, Michael B. Heister, Chad W. Pekron,Joseph W. Price II,Steven W. Quattlebaum, Michael N. Shannon, Geoffrey B. Treece, John E. Tull... Read More The post 16 QG&T Attorneys Recognized by Super Lawyers appeared first on Quattlebaum, Grooms and Tull.

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Steven W. Quattlebaum, Timothy W. Grooms, and John E. Tull III have been named to the 2018 edition of the Arkansas 250, a list of influencers making an impact in a variety of professional and nonprofit endeavors at the local, regional and state levels. Research for the list involved comparing notes with executives and leaders... Read More The post Quattlebaum, Grooms & Tull Named to Arkansas 250 appeared first on Quattlebaum, Grooms and Tull.

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Months ago, we reported on recent enforcements on two unlicensed cannabis businesses in Sacramento and Costa Mesa. Now, we have learned of another enforcement action against an unlicensed cannabis retailer operator in Los Angeles. On October 25, 2018, the Bureau of Cannabis Control (Bureau) and the Department of Consumer Affairs Division of Investigation-Cannabis Enforcement Unit (DOI-CEU), in coordination with the Los Angeles Police Department (LAPD) served a search warrant on an unlicensed cannabis retail location. The City of Los Angeles confirmed that the location had not applied for a local license. As a result of the search warrant, over $2,000,000…

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Amazon opened another Go store in San Francisco, its third city after opening locations in Chicago and Seattle. Scan your Amazon account on the Amazon Go app to enter, pick what you want off the shelves and walk out. Cameras and sensors track customers throughout the store and other technology monitors when you take items off shelves (or put them back). Your digital receipt will charge you for items that you have taken off the shelves. No cashiers, no lines, no problem. With three stores in Seattle, two in Chicago with another two opening soon, one in San Francisco and…

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The U.S. Small Business Associations loan guaranty program has gone through a number of changes in recent years. The current rule became effective January 1, 2018,and supersedes changes described in my blog postings in December 2014and 2016. A franchisor that wants its franchisees to be able to obtain SBA-backed loans to finance their franchised businesses must be listed on the SBA Franchise Directory.The directory, which is maintained on the SBAs website, shows to franchisees and lending banks the franchise systems that qualify for SBA-backed lending. To be listed on the SBA Franchise Directory, a franchisor must submit to the SBA…

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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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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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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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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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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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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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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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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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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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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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