Contributed by Noah A. Frank, April 18, 2019 Like a majority of U.S. states, Illinois legal stance on marijuana is becoming more tolerant and liberal with regard to both medical and recreational use (also called adult use). As we previously reported on November 6, 2018, the Alternatives to Opioids Act of 2018, PA 100-1114 […]

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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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On April 17, 2019, the Internal Revenue Service (IRS) released a new set of highly anticipated proposed regulations for Opportunity Zones. The newly released set of proposed regulations provides additional guidance and addresses issues that were brought to the attention of the IRS after ...

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Contributed by Steven Jados, April 17, 2019 As we previously noted in our February 12, 2019 blog, increases to the minimum wage in Illinois are on their way. And as we also noted, drastic increases in the damages for which Illinois employers may be liable in cases of minimum wage and overtime violations are now […]

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To process the extensive, complex, and often unfamiliar information heard in trial, jurors tend torely onheuristics (mental shortcuts)to reduce theircognitive load and draw conclusionsmore quickly.Not allof these heuristicsareproblematicfor your case,butsomecan certainlylead to hasty assumptions and false judgments. And unfortunately, assessing... Read More The post How to Choose the Best Witness Prep Consultant appeared first on Litigation Insights.

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By Lyndsay Ganz On March 26, 2019 the Supreme Court of New Jersey reversed the Appellate Divisions decision in Haines v. Taft, 450 N.J. Super. 295, (App. Div., 2017), wherein the Appellate Division concluded that plaintiffs were entitled to introduce … Continue reading →

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In a recent case involving a health care facility, the NLRB issued a 3-1 decision that significantly changed a successor employer's bargaining obligations before imposing the initial terms and conditions of employment on a unionized workforce. While seemingly favorable to employers, the decision also serves as a reminder to companies that they should act cautiously and consult with counsel before they take over a business with a unionized workforce. About the Case In its April 2, 2019, Ridgewood Health Care Center (367 NLRB No. 110) 3-1 decision, the National Labor Relations Board (the Board) overruled precedent in place since 1996…

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By Brian Bassett In Acuity Ins. Co. v. 950 W. Huron Condo. Assn, 2019 IL App (1st) 180743, the Illinois Court of Appeals held that a claim against a subcontractor for damage caused to property outside the scope of its … Continue reading →

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The UNM Law School Chapter of the Federalist Society will host a talk on “Overcriminalization and the First Step Act” on Thursday, April 18, at 12 noon, in Room 2401 at the law school. The speakers will be Vikrant Reddy, … Continue reading →

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Contributed by Suzannah Overholt, April 12, 2019 The first all-female spacewalk was planned for Friday, March 29, 2019. News outlets included the event in their coverage of womens history month and the strides women had made in male dominated industries. However, the Monday before the spacewalk NASA announced that only one female would be able […]

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A recent order of the Indiana Utility Regulatory Commission (“IURC”) sheds lights on the validity of municipal ordinances purporting to require utilities to pay the costs of utility relocations. The IURC voided a municipal ordinance that attempted to require utilities to pay relocation costs as being unreasonable and inconsistent with Ind. Code 8-1-2. In the Matter of the Complaint of Duke Energy, Cause No. 44804 (Ind.U.R.C. Jan. 23, 2019) (“Decision”).

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Brian is a trial attorney who loves to spend time in the court room, withexperience representing both plaintiffs and defendants in high stakes litigation. He has achieved positive results in a variety of settings, including construction, commercial real estate, product defect, environmental torts, business-to-business disputes, fraud, trade secret misappropriation, employment, and personal injury. His hands-on experience includes pre-litigation consulting and negotiation, litigation, mediation, trial, arbitration, and appeal. 1. Why did you become a lawyer Being a lawyer means I get to help people resolve their biggest personal or professional challenges. I find that type of work very rewarding. 2.…

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Intellectual Property attorney Drew Wilson details the difficulties of ongoing IP conflicts between major brands and somewhat underground edibles manufacturers. The article was originally published in the April edition of Los Angeles Lawyer Magazine. Read the full article by clicking here. The post Cap’n Crunch vs. Kap’n Kronik appeared first on The Intellectual Property Blog.

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“Optional Liquidated Damages in Arkansas Commercial Real Estate Purchase and Sale Agreements”, an article authored by Timothy W. Grooms and Mary-Tipton Thalheimer, appeared in the March 2019 edition of The Practical Real Estate Lawyer. The article informs sellers about Arkansas law on liquidated damages provisions in commercial real estate purchase and sale agreements. Please click... Read More The post Tim Grooms and Mary-Tipton Thalheimer Published in The Practical Real Estate Lawyer appeared first on Quattlebaum, Grooms and Tull.

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March 2019 by Timothy W. Grooms and Mary-Tipton Thalheimer | “Parties to commercial real estate purchase and sale agreements commonly include liquidated damages provisions whereby the parties agree to the amount of damages a non-breaching party will receive in the event of a breach. The purpose of this article is to inform sellers about Arkansas... Read More The post Optional Liquidated Damages in Arkansas Commercial Real Estate Purchase and Sale Agreements appeared first on Quattlebaum, Grooms and Tull.

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Anita's practice covers a broad range of real estate and corporate transactions spanning a number of areas: commercial real estate acquisitions, dispositions, and related mortgage-backed financings; corporate formation; private equity and financings; debt financings; corporate mergers and acquisitions; leasing; and tax-exempt bond financings. She has extensive experience in health care financing and in the representation of borrowers in HUD-insured loan transactions for multifamily and senior housing facilities. 1. What made you choose Hanson Bridgett I worked at Hanson Bridgett as a summer associate and it was clear to me from the beginning that it was a special place to work.…

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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 25, 2019 the Commissioner of the New Jersey Department of Environmental Protection (“NJDEP”) issued a Statewide Directive, Information Request and Notice to Insurers (“Directive”) putting eight entities on notice due to the NJDEP’s belief that these companies are ...

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Trademark and IP litigation attorney Michael McCue shares his thoughts on the growth and importance of IP-related legal services in Nevada with Nevada Business Magazine. Read the full article by clicking here. The post Protecting Your Intellectual Property – Law Practices Booming appeared first on The Intellectual Property Blog.

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By Jeremy Macklin The underlying plaintiff, Kyler Moje, played minor-league hockey for the Danville Dashers, a team in the now-defunct Federal Hockey League (the League).  During a game on or about February 10, 2012, a player from the opposing team … 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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Timothy W. Grooms and J. Cliff McKinney II will discuss Legal and Current Law Issues at the 2019 CE Day presented by the Arkansas CCIM Chapter on Tuesday, May 7, 2019, at the UALR College of Business. For more information on the event and to register, please click here. The Arkansas CCIM Chapter is a... Read More The post Tim Grooms and Cliff McKinney Presenting at 2019 CE Day appeared first on Quattlebaum, Grooms and Tull.

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On March 14, 2019, the New Mexico legislature passed Senate Joint Resolution 1 that, if approved by voters, would change the New Mexico Constitution to require appointed instead of elected Commissioners to the New Mexico Public Regulation Commission. Under the resolution, commencing in January 1, 2023, the Commission shall consist of three members appointed by … Continue reading "New Mexico Legislature Passes Senate Joint Resolution 1" The post New Mexico Legislature Passes Senate Joint Resolution 1 appeared first on The Energy & Natural Resources Blog.

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On September 27, 2018, in Northern Kentucky Area Development District v. Danielle Snyder, the Kentucky Supreme Court held that an employer is prohibited from requiring an employee to enter into an arbitration agreement as a condition of employment within the state. As a result of Snyder, Kentucky became the only state in the nation to prohibit employers from terminating or refusing to hire an individual who would not agree to sign an arbitration agreement. (Jacqueline Pitts, Senate passes bill clarifying Kentucky’s policies on arbitration agreement, KY CHAMBER BOTTOM LINE, (Feb. 21, 2019)).

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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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You know how to frame a great closing argument. You know how to deliver it to a jury. But in our experience, the real hurdle arises when you take that great argument and great delivery and try to incorporate technology.Which... Read More The post How to Rehearse Your Closing Argument Without Stumbling Over Your Slides appeared first on Litigation Insights.

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After a long wait, the US Department of Labor yesterday issued its proposed overtime rule raising the salary basis threshold for exempt employees from $23,660 to $35,308 per year or to $679 per week. Employers with employees classified as exempt under the Fair Labor Standards Acts (FLSA) white collar exemptions should take note. The FLSA is the federal law that governs minimum wage and overtime pay for all hours worked. Currently, “white collar” exemptions may apply where workers meet certain duties tests and are paid on a salary basis of at least $455 per week. These workers are considered exempt…

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Continued enforcement actions occurred yesterday against two separate unlicensed cannabis businesses in Sacramento, Davis and Los Angeles. Police in Davis assisted the Department of Consumer Affairs Division of Investigation Cannabis Enforcement Unit to serve search warrants on an unlicensed cannabis delivery service with locations in Sacramento and Davis. Over $850,000 in cannabis products was seized as a result. Meanwhile, the Los Angeles Sherriffs Department also assisted in serving a search warrant on an unlicensed cannabis retailer in Los Angeles. This resulted in the seizure of nearly $440,000 in cannabis products. Continuing to operate unlicensed is simply not worth it.…

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In February, the IRS issued both final and additional proposed regulations detailing how estates, trusts and their beneficiaries can qualify for the 20% income tax deduction for qualified business income received from partnerships, S corporations and proprietorships under Section 199A of the Internal Revenue Code. 

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No sugar-coating it:the defense weaknesses we discussed in Part 2are dangerous. If youdont have solid, convincingresponsestothem,youre looking at significant challenges for your case outcome. Finding the best solutions will, as always,dependon the specifics of your case.However, because plaintiffs main arguments... Read More The post 4 Major Defense Weaknesses in Health & Safety Products Liability Part 3 appeared first on Litigation Insights.

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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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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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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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According to this story in the Albuquerque Journal, Governor Lujan Grisham has appointed Albuquerque lawyer Zachary Ives to the vacant seat on the New Mexico Court of Appeals. Mr. Ives received his law degree from UNM, and clerked for the … Continue reading →

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Last week, Governor Lujan Grisham appointed District Judges Shannon Bacon and David Thomson to fill the two vacant seats on the New Mexico Supreme Court. Judge Bacon is on the Second Judicial District Court in Albuquerque. According to this story … Continue reading →

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

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

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

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

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

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Cohen v. Maricopa County (Ct. Appeals, Div. One, August 16, 2011)   A man was involuntarily held in a hospital because he was a danger to self due to depression and repeated drug overdose. After inpatient treatment was completed, he was discharged from the hospital to begin court-ordered outpatient treatment with ValueOptions, the company that contracts with the State. While undergoing outpatient treatment, the man was found passed out with the drug Soma in his pocket. The man was medically cleared at the scene, but taken to an urgent care facility run by Meta Services pursuant to a subcontract with…

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

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Mark D. Zukowski was recently accepted into the National Academy of Distinguished Neutrals (NADN).  NADN is a national association whose membership consists of mediators and arbitrators distinguished by their hands-on experience in the field of civil and commercial conflict resolution.  Mark is one of only 21 attorneys and former judges who have been recognized as Charter Members of the Arizona Chapter.  Parties can visit the Chapter website at www.NADN.org/arizona to schedule, at no administrative cost, mediations with Mark by having direct access to his availability calendar.

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In a landmark decision, the California Supreme Court held today that a plaintiff cannot obtain medical expense damages based on his billed medical charges, because the plaintiff was not damaged in that amount.  Howell v. Hamilton Meats & Provisions, Inc. (Cal. Supreme Court, Aug. 18, 2011).  The Court held that the plaintiff could recover only the amount of medical expenses actually paid on her behalf.  The Court said:  We hold no such recovery is allowed, for the simple reason that the injured plaintiff did not suffer any economic loss in that amount."   Plaintiff Rebecca Howell was seriously injured in…

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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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