Join LeClairRyan on Thursday, August 23 starting at 1 pm ET for this upcoming event. In a decisive 5-4 opinion, the Supreme Court held in Epic Systems Corp. v. Lewis that class action waivers in employment arbitration agreements must be enforced under the Federal Arbitration Act (FAA), and neither the FAAs saving clause nor the National Labor Relations Act (NLRA) suggest otherwise. This case reaffirms longstanding federal policy favoring arbitration. This complimentary one hour webinar will discuss the Courts findings, its potential impact on both employers and employees, the pros and cons of employment arbitration agreements, and best practices designed…

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Joseph W. Price II,and R. Ryan Youngerhave been named to theBenchmark Litigation40 & Under Hot List for 2018. Those named to this exclusive list have proven their eligibility as individuals at the partner level of their respective firms and are age 40 or younger. They have all also had a hand in some of their... Read More The post Joey Price and Ryan Younger Named to Benchmark Litigation 40 & Under Hot List appeared first on Quattlebaum, Grooms and Tull.

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After 16 public hearings over a five year period lasting through the tenure of three mayors, the largest San Francisco rezoning plan in ten years received a unanimous Planning Commission approval on May 10, 2018. On Monday of this week, the Land Use Committee of the Board of Supervisors had a first hearing to listen to testimony about plan. The rezoning is intended to produce 40,000 new jobs, the construction of millions more square feet of office space than currently allowed, and the creation of roughly 7,000 new housing units. The area affected is defined (generally) as follows: boundary to…

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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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The California Fair Employment and Housing Council (FEHC) issued new regulations under California's Fair Employment and Housing Act (FEHA) addressing national origin discrimination. Effective July 1, 2018, the regulations provide a broad definition of "national origin" and apply to applicants and employees, regardless of documentation status. The regulations impact employment practices such as English-only policies, English proficiency requirements, and height and weight requirements. The regulations also clarify that an applicant's or employee's immigration status is irrelevant during the liability phase of any proceeding brought to enforce FEHA. Expansive Definition Of "National Origin" And "National Origin Group" The new regulations define…

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In Roche Bros. Supermarkets, LLC v. Continental Cas. Co., 2018 Mass. Super. LEXIS 81, the court addressed whether an all risk commercial property insurance policy that insures against risks of direct physical loss of or damage to property can be … Continue reading →

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In an unpublished opinion from the Illinois Appellate Court, Country Mutual Insurance Co. v. Badger Mutual Insurance Co., 2018 IL App (1st) 171774-U, the court held that because an insurer breached its duty to defend and failed to file a … Continue reading →

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In January, I wrote about anti-SLAPP special motions to dismiss filed by the Trump Campaign and Roger Stone in response to a DC federal court suit alleging they entered into an agreement with other parties, including agents of Russia and WikiLeaks, to have information stolen from the DNC publicly disseminated in a strategic way that would benefit the campaign to elect Mr. Trump as President. I noted the suit was assigned to Judge Huvelle, who had already ruled last October (in Deripaska v. Associated Press) that the Court of Appeals Mann decision did not clearly and unmistakably resolve the question…

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By now, we have all heard about the fallout between the automotive supplier, Visteon and its former CEO, Timothy Leuliette. Although most coverage has focused on the salacious backdrop, the battle between Visteon and Leuliette serves as an important reminder that a court is not necessarily bound by two-party non-disclosure agreements and that previously sealed documents can indeed be unsealed by court order. On the broader level, the case raises questions regarding whether private arbitration is an appropriate alternative to litigation for sensitive matters at publicly traded companies.  

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Contributed by Kelly Haab-Tallitsch, July 10, 2018 On June 21, 2018, the US Department of Labor (DOL) published a final rule making it easier for a group or association of small employers to band together to buy health insurance. The rule allows employers that previously could only purchase small group health coverage to join together […]

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In its recent decision in Crum & Forster Specialty Ins. Co. v. GHD Inc.,2018 U.S. Dist. LEXIS 111827 (E.D. Wisc. July 5, 2018), the United States District Court for the Eastern District of Wisconsin had occasion to consider the application … Continue reading →

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New Jersey is the latest to join the list of states that have enacted or are considering enacting legislation that would authorize policyholders to file civil suits against first-party insurers for unfair business practices, such as unreasonably delaying or denying … Continue reading →

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The Affordable Care Act ("ACA") is alive and well, despite renewed legal challenges and the elimination of the individual mandate beginning next year. While the Tax Cuts and Jobs Act reduced the tax penalty for individuals who dont have health coverage to $0, effective for 2019, employers continue to be subject to penalties for failing to comply with certain ACA rules. Earlier this year, the IRS began enforcing penalties against employers who fail to meet the employer shared responsibility requirements of the ACA. Here are three things about the ACA that employers need to focus on now to avoid significant…

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Contributed by Suzanne S. Newcomb, July 6, 2018 In January we reported on a change in federal tax law aimed at discouraging confidentiality in sexual harassment and abuse settlements. Since then Tennessee, Washington, New York, and New York City have enacted sexual harassment prevention measures including discouraging confidential settlements. In Tennessee and Washington it is […]

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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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In recent decades unions have faced several challenges. First, union membership continues to decline. As of 2017, 14.8 million workers in America (10.7% of the workforce) were represented by a union, which is down from 17.7 million in 1983 (20.1% of the workforce).1 Second, more than half the states have passed right-to-work legislation, which prohibits employees from being required to join a union or pay an agency fee as a condition of employment.2 With Kentucky and Missouri enacting legislation in 2017, 28 states are now right-to-work states. In the other 22 states, collective bargaining agreements commonly contain a union security…

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John E. Tull III received the Freedom of Information Award from the Arkansas Press Association (APA) for his dedication and service to utilize and defend the Freedom of Information Act (FOIA). The award was presented June 29th during the Honors Banquet at the association’s annual convention at the Inn of The Ozarks in Eureka Springs.... Read More The post John Tull Receives FOI Award appeared first on Quattlebaum, Grooms and Tull.

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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. Whether its a poorly worded email, a bad test result, or a historical document […] The post How to Deal With Bad Company Documents, Part 1: Voir Dire appeared first on Litigation Insights.

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Contributed by Brian Wacker, June 29, 2018 Employees work schedules seem to be as fluid than ever. More and more, employers are bending to the employment markets demand by allowing employees to work remotely from home and/or to reasonably set their own hours to accommodate personal obligations such as caring for children or loved ones. […]

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In February, I wrote about Fridman v. Bean LLC, where three international businessmen claim they were defamed by certain statements in one of the reports comprising the Trump Dossier. The defendants (Fusion GPS and Glenn Simpson, who allegedly retained Christopher Steele to research any Russian connections to Trump) filed an anti-SLAPP special motion to dismiss the suit. The plaintiffs have filed their opposition to the anti-SLAPP special motion to dismiss, and the defendants have filed their reply brief. Beyond the usual sparring over whether Mann means the statute can again apply in a federal court case, both briefs raise interesting…

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While the Federal Equal Pay Act, which mandates employers to pay men and women the same pay for the same work, has been the law for 55 years, salary surveys continue to show that women are paid less than men. In an effort to address this pay gap, states around the country are passing their own legislation. Some of the states have enacted similar provisions, while a few have enacted unique provisions. Ban On Salary History Inquiries Studies have shown that one factor contributing to ongoing pay discrepancies is that an employees starting salary with an employer is often based…

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Lindsey C. Pesek and Philip A. Elmore attended the 2018 American Board of Trial Advocates (ABOTA) National Trial College held June 10-15, 2018, on the campus of Yale Law School. Designed for second-year through sixth-year trial attorneys from both sides of the bar, the program consists of five days of intensive instruction, student exercises, and... Read More The post Two QG&T Attorneys Attend 2018 ABOTA Trial College appeared first on Quattlebaum, Grooms and Tull.

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One of the most important choices that those designing equipment and infrastructure for connected vehicles must make is this: which communications technology will they use There may be a wide range of possibilities in the future, but for now, there are two primary options: Dedicated Short Range Communications (DSRC) radio and 5G wireless technology.

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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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Appraisal provisions are intended to enable policyholders and insurers to resolve claims regarding the amount of a loss without the need for litigation. Notwithstanding this laudatory purpose, the scope of the appraisal process itself can frequently lead to litigation.   In … Continue reading →

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When it comes to litigation, voir dire, and the jury selection process, small towns in America are different from larger cities in more than just size. Sure, every venue comes with its own hometown culture and shared experiences; but, when the towns are smaller, a greater percentage of jurors sharein those same experiences and knowledge […] The post 4 Challenges of Jury Selection in Small Town Venues appeared first on Litigation Insights.

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Last April, a picture was taken of Cassandra Fairbanks and Mike Cernovich in the White House press room flashing an ok hand gesture. At the time, rumors circulated on the Internet that the ok hand gesture meant white power. So Emma Roller, a politics reporter, tweeted Fairbanks photo to her followers with the statement just two people doing a white power hand gesture in the White House. Roller then sent a second tweet in which she linked to an entry in the Anti-Defamation League Hate Symbols Database for White Power (hand sign). The ADL, however, then issued a press release…

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Last week’s announcement that the White House is investigating national security risks imposed by imported vehicles sent shock waves across the global automotive industry and had suppliers scrambling to consider the potential ramifications.  

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In the aftermath of theOil StatesandSASSupreme Court decisions, the PTOs proposal to adopt thePhillipsstandard for claim construction brings a small measure of relief for universities and research institutions. The broadest reasonable interpretation claim construction standard currently used by the PTAB in deciding IPRs may open the instituted claims to challenge by a larger body of … Continue reading "PTAB Proposal on Claim Construction Would Align with Federal Courts, ITC" The post PTAB Proposal on Claim Construction Would Align with Federal Courts, ITC appeared first on The Intellectual Property Blog.

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The Supreme Courts decision inSAS Institute v. Iancurepresents yet another blow to patent owners, but is an especially troublesome complication for universities and research institutions trying to generate licensing revenue.As obtaining a decision of invalidity may be easier in an inter partes review (IPR) in front of the Patent Trial and Appeal Board (PTAB) than … Continue reading "SAS Decision Could Have Chilling Effect on University Licensing" The post SAS Decision Could Have Chilling Effect on University Licensing appeared first on The Intellectual Property Blog.

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On April 11, 2018, Arizona Governor Doug Ducey signed into law HB 2238. The Bill clarifies the appellate landscape for individuals and businesses challenging administrative decisions made by state agencies. In our blog post from May 7, 2017, we foreshadowed the legislation: https://blog.lrrc.com/energy/2017/05/07/chevron-deference-arizona/ To recap, under federal law, if a statute or statutory term is … Continue reading "New Bill Clarifies Standard of Review for Decisions Made by Administrative Agencies in Arizona" The post New Bill Clarifies Standard of Review for Decisions Made by Administrative Agencies in Arizona appeared first on The Energy & Natural Resources Blog.

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EPA Administrator Scott Pruitt issued a memorandum on May 9th that directs the agencys staff to begin a five-year review of the National Ambient Air Quality Standards (NAAQS) for Ozone. The Clean Air Act (CAA) requires EPA to periodically review the NAAQS, including both primary and secondary standards, for criteria air pollutants such as ozone … Continue reading "EPA Seeks Overhaul of Ozone NAAQS" The post EPA Seeks Overhaul of Ozone NAAQS appeared first on The Energy & Natural Resources Blog.

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Winners and Losers in the 2018 Colorado General Assembly The warm weather has returned, spring sports are in full swing, and the Colorado General Assembly has adjourned for 2018. That means its time to take a look at the scorecard and review the energy and utilities related issues that won and lost this legislative season. … Continue reading "Colorado Energy and Utilities Legislation" The post Colorado Energy and Utilities Legislation appeared first on The Energy & Natural Resources Blog.

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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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In Part 1 of this blog, we discussed whether asking verdict-related questions early in a mock trial can cause a commitment effect in mock jurors, such that they are less likely to change their opinions as more evidence is presented. Now, well extend this idea into real world trials, because some venues allow jurors to […] The post Commitment Effects, Part 2: Does Allowing Juror Discussion Prior to Deliberation Affect Their Decision Making appeared first on Litigation Insights.

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In Mkt. Place North Condo. Assn v. Affiliated FM Ins. Co., No. C17-625 RSM, 2018 U.S. Dist. Lexis 76724 (W.D. Wash. May 7, 2018), the United Stated District Court for the Western District of Washington found in favor of Affiliated … Continue reading →

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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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Consumers use brands to make choices, demonstrate loyalty and determine value. A brands ultimate goal, from a company perspective, is to accelerate growth and generate value (i.e., goodwill). But what is goodwill as it relates to trademarks how is it tied to trademark selection and does it affect licensing, acquisitions and litigation Intellectual Property … Continue reading "The Value of Goodwill in Trademarks" The post The Value of Goodwill in Trademarks appeared first on The Intellectual Property Blog.

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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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(“This superconducting chip, with a total area of one square centimeter, consists of nine qubits in a 1D array. Microwave pusles are applied to control their states and their interaction, and consequently control the dynamics of the system. Such Josephson-junction … Continue reading →

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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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On January 19, 2018, Maryland House Bill 283 was introduced by Republican Delegate Robin Grammer. The bill exempts competitive video games, known as eSports, from the states laws banning wagering and gambling. eSports is defined as video games such as first-person shooters, real-time strategy games, and multiplayer online battle arenas in which: players compete against … Continue reading "eSports Legislation in Maryland" The post eSports Legislation in Maryland appeared first on The Sports & Outdoor Recreation Blog.

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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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On January 11, 2018, Judge Steven Merryday, United States District Court judge for the Middle District of Florida, vacated a False Claims Act (FCA) judgment for $350 million against 53 nursing facilities.1 The purported FCA violation was for failure to maintain comprehensive care plans and other documentation as required by Centers for Medicare and Medicaid Services (CMS) regulations. The whistleblowers claim relied on the implied false certification theory endorsed by the U.S. Supreme Court in Escobar.2 What the whistleblower did not contemplate was Judge Merrydays astute materiality and scienter analysis. Importantly, Judge Merrydays analysis illustrates a workaround for long term…

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When someone is faced with a decision that he doesn’t think he has the right to make, he can respond that “it’s above my pay grade.” The phrase appears to have originated in the US military – which has pay grades – and spread from there. About a decade ago, the First Circuit and Ninth […]

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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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In 1966, California voters decriminalized the medical use of marijuana by approving the California Compassionate Use Act. In 2015, the voters approved the Medical Cannabis Regulation and Safety Act ("MCRSA"), to regulate the medical marijuana industry. In 2016, California voters approved the Adult Use of Marijuana Act ("AUMA"), allowing (1) individual adults to possess, use, purchase, transport, or give away up to 28.5 grams of marijuana or 8 grams of concentrated marijuana; (2) them to grow up to 6 plants and possess the marijuana produced by the plants; and, (3) legally possess marijuana accessories.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Earlier today a Nevada federal judge granted summary judgment in a case against a resort company that sought to hold it liable for alleged negligence of its subsidiary in Aruba. A Canadian citizen traveled to a resort on Aruba owned by a subsidiary. While there she tripped, fell and asserted an injury. Rather than suing... Read more » The post Eisinger & Parks Win Subsidiary Liability Case appeared first on Thorndal.

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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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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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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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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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Strict product liability generally focuses on the product itself, not the negligent conduct of the defendant, and as a result, defendants often are precluded from relying on certain negligence concepts in defending strict liability actions. A plaintiff's comparative fault or...

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Short Answer: Yes, but as with all non-compete provisions, proceed with caution and draft wisely. Like many states, Pennsylvania has long viewed restrictive covenants such as covenants not to compete with disfavor. Despite its preference against them, non-compete agreements are...

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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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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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Approximately two years ago, I commented on the Superior Court opinion in Gongloff Contracting, L.L.C. v. L. Robert Kimball & Assoc., No. 785 WDA 2014 (Pa. Super. 2015), which expanded the reach of Pennsylvania's negligent misrepresentation law from applying only to...

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