Contributed by Jacqueline Lentini McCullough, August 22, 2019 In May, we reported on Illinois becoming the eleventh state to permit recreational marijuana beginning January 1, 2020. Noncitizens in these eleven states and the District of Columbia may reasonably conclude that using marijuana in accordance with state law will have no bearing on immigration status. Unfortunately, […]

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The Arkansas Press Association is hosting a special seminar highlighting the Arkansas Freedom of Information Act on September 19, 2019, at the APA Headquarters in Little Rock. As a two-time winner of the APA’s FOIA Award, John E. Tull III will kick off the seminar by offering practical tips and suggestions on access to public... Read More The post John Tull To Present at Arkansas Press Association FOIA Seminar appeared first on Quattlebaum, Grooms and Tull.

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Joseph W. Price II has been reappointed as the DRI State Membership Chair for Arkansas.  As State Membership Chair, Mr. Price is responsible for membership recruitment, retention, and engagement on behalf of DRI within Arkansas.  The appointment will conclude at the end of the DRI Annual Meeting in October 2020. For more than fifty years,... Read More The post Joey Price Reappointed DRI State Membership Chair appeared first on Quattlebaum, Grooms and Tull.

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Contributed by Debra Mastrian, August 20, 2019 Under the Fair Labor Standards Act (FLSA), employees must be properly classified as either exempt or nonexempt, and nonexempt employees must be paid overtime (1 times their regular rate of pay for all hours worked over 40 hours in a workweek). All compensation, including commissions and non-discretionary bonuses, […]

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In August 2019, the new Wage Theft Act ("WTA" or the "Act") was signed and became effective.  The WTA amends key provisions of New Jersey's Wage Payment Law, Equal Pay Act, and the Wage and Hour Law, and contains a number of provisions that directly impact employers. The Act's intent is to punish ...

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On September 1, 2019, AB2342 and its new timing requirements for issuing certain eviction notices and for answering eviction lawsuits go into effect in California. AB2343 amends California Code of Civil Procedure Sections 1161(2) and (3) regarding 3-day notices to pay or quit and 3-day notices based on neglect or failure to perform other conditions or covenants of the lease or agreement. The amendments exclude Saturdays, Sundays, and judicial holidays when counting the notice period for these 3-day notices. (Interestingly, AB2343 does not apply the same language to 3-day notices under Section 1161(4) regarding eviction notices based on commission of…

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Over the summer of 2019, the IRS significantly increased its efforts to police the taxation of Bitcoin, Ethereum, and other similar cryptocurrencies. On July 26, 2019, the IRS announced that it had begun sending letters to taxpayers who potentially failed to pay cryptocurrency taxes associated with digital currency transactions or failed to properly report those transactions. By the end of August, the IRS anticipates that it will have sent over 10,000 letters to taxpayers. However, the question remains: will the IRS's cryptocurrency-policing efforts evolve into a full-fledged compliance program, similar to the OVDP with foreign bank accounts, or will it…

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Contributed by Jeffrey A. Risch August 16, 2019 – www.illinoisprevailingwage.com On August 13, 2019, Illinois Comptroller, Susana Mendoza, signed an Executive Order (EO) aimed at enforcement of the states prevailing wage law (aka mandatory top line union wage/benefits scale) for construction projects receiving state money. On the surface, one would say hey, thats a […]

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Quattlebaum, Grooms & Tull PLLC is pleased to announce that 16 lawyers have been included in the 2020 Edition of The Best Lawyers in America,universally regarded as the definitive guide to legal excellence. Lawyers on The Best Lawyers in Americalist are reviewed by their peers on the basis of professional expertise and divided by geographic... Read More The post Best Lawyers Recognizes 16 QGT Attorneys appeared first on Quattlebaum, Grooms and Tull.

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Question:How did the jury arrive at the decision to award the plaintiff $20 million in damages Actual Juror #1: We came up with a percentage approach, and thats what we all discussed. We started with what she was asking for... Read More The post How to Counteract the Anchoring Effects of a Plaintiff’s Damages Request appeared first on Litigation Insights.

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A landowner contended that he owned 394.85 acre-feet of underground water rights in the now-abandoned town of Cutter, New Mexico. The evidence at trial showed that a railroad had previously used the water, but that for 34 years the water … Continue reading →

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In this case, the defendant, Marcos Figueroa, was charged with criminal sexual penetration of a minor for abusing his son and stepson. At trial, the district court granted the State’s request that the jury be instructed that the defendant had … Continue reading →

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The Bureau of Cannabis Control recently published two new fact sheets on its website as a resource for industry stakeholders, licensees, and the general public. The facts sheet help everyone better understand the different responsibilities of the cannabis distributor(Type 11) and the cannabis distributor transport only (Type 13) licensee by providing a list of required procedures and guidelines for various distribution activities. As background, a Type 11 distributor licensee is responsible for several things such as transporting cannabis goods between licensees, arranging for testing of cannabis goods, and conducting the quality assurance review of cannabis goods. On the other hand,…

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Today, in Lafferty v. Benson, the Tenth Circuit (in an order signed by Judge Briscoe) denied a certificate of appealability in the high-profile murder case of Ron Lafferty, who was convicted of murdering his sister-in-law, Brenda Lafferty, and her fifteen-month-old … Continue reading →

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

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On July 30, 2019, a federal judge dismissed a lawsuit filed by the Democratic National Committee (DNC) against Donald Trump’s presidential campaign, campaign leaders, WikiLeaks, Russia and others related to the Russian hacking of Democratic Party computers and the dissemination of ...

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

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The impetus for the upcoming August 3, 2019 rule change requiring all foreign-domiciled trademark applicants and registrants to retain licensed counsel in the United States is an increase in foreign trademark applicants acting pro se and who are failing to comply with the rules of the United States Patent and Trademark Office (USPTO). Many countries … Continue reading "New USPTO Rules for Foreign Applicants Ensure Compliance With U.S. Use Requirements" The post New USPTO Rules for Foreign Applicants Ensure Compliance With U.S. Use Requirements appeared first on The Intellectual Property Blog.

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When it comes to understanding jurors, each case an attorney tries presents a whole new set of unknowns. What do these jurors think about local employers, large corporations, or pharmaceutical safety How do jurors in, say, the Central District of... Read More The post Community Attitude Survey vs. Change of Venue Survey: When Should Each Be Used appeared first on Litigation Insights.

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

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

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Imagine this: The jury has just sat through two weeks of endless testimony with duplicative questionsand answersthroughout. You put together an excellent opening statement slide deck. You used effective video deposition clips and transcript pages to cross-examine your witnesses. You... Read More The post What Trial Graphics Belong in My Closing Arguments appeared first on Litigation Insights.

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

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Last week, the Federal Circuit, in Forum US v. Flow Valve[i], affirmed the lower courts ruling invalidating a reissue patent because the broadened claims added in the reissue failed to satisfy the original patent requirement under 35 U.S.C. 251. As a brief refresher, the original patent requirement requires that a reissue patent shall only be … Continue reading "The Federal Circuit Clamps Down on Broadening Reissues – Or Does It" The post The Federal Circuit Clamps Down on Broadening Reissues – Or Does It appeared first on The Intellectual Property Blog.

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What exactly is an immoral or scandalous trademark, and should the government be the arbiter of making such a determination In the second landmark trademark decision in two years, the Supreme Court invalidated the Lanham Acts prohibition on registering immoral or scandalous trademarks. Iancu v. Brunetti, 588 U.S. ___ (2019). The Courts decision expands the … Continue reading "SCOTUS Decision on Immoral or Scandalous Trademarks" The post SCOTUS Decision on Immoral or Scandalous Trademarks appeared first on The Intellectual Property Blog.

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

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Traub Lieberman Straus & Shrewsberry LLP Senior Counsel Adam D. Krauss has just published a new white paper in conjunction with Aspen Re on climate change and its impact on the (re)insurance market. In the piece, titled Climate Change and the … Continue reading →

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By Kyle Dickinson The Northern District of Illinois held earlier this week that disgraced former Illinois state representative Keith Farnahans homeowners insurer is not required to cover Farnahans civil liability for child pornography.  The court reasoned that the injury suffered … Continue reading →

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

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On Friday, May 24, 2019, the Illinois Appellate Court, First District, affirmed a summary judgment ruling in favor of an insurance carrier that a police officer injured during a traffic stop was not using his police cruiser for liability coverage … Continue reading →

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

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The Ninth Circuit has issued a crushing blow to employers and companies when it decided that recent restrictions on independent contractors would apply retroactively. On May 2, 2019, the Ninth Circuit in Vazquez v. Jan-Pro Franchising International, Inc. decided that the ruling in Dynamex Operations West, Inc. v. Superior Court should be applied retroactively. The Dynamex decision made it more difficult for a California employer to classify a worker as an independent contractor unless it met a strict "ABC test." Employers are required to prove that a worker is (A) free from the control and direction of the company in…

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

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

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

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On March 28, 2019, the Arizona Supreme Court filed a decision in the case, City of Surprise v. Arizona Corp. Commn, No. CV-18-0137-SA, that addressed the Arizona Corporation Commissions jurisdiction in cases in which a public service corporation is being condemned by a municipality. In late 2017, the City of Surprise (City) entered into a … Continue reading "Arizona Supreme Court Clarifies Jurisdiction of Arizona Corporation Commission" The post Arizona Supreme Court Clarifies Jurisdiction of Arizona Corporation Commission appeared first on The Energy & Natural Resources Blog.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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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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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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