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FTC/FCC MOU: Even the Justice League Needs It In Writing

On November 13, 2015, the Federal Trade Commission and the Federal Communications Commission entered into a Memorandum of Understanding to address coordination of consumer protection actions by each agency. Following a wave of what…more

Agencies Update Volcker Rule FAQs (November 2015)

Two new Volcker Rule FAQs has been issued. The first addresses an issue where a banking entity terminates a market-making business that it conducted as a Volcker Rule permitted activity, and how the bank can exit residual positions…more

SEC Demands Admissions For Compliance Failures

When the Commission adopted its policy of requiring admissions to settle certain enforcement actions no bright line test was created. Rather, an array of facts were to be assessed on an individual, case-by-case basis. Generally, the…more

Germany: New Legislation Adjusts Temporary Employment and Contracts for Work and Labour

On 16 November 2015, Germany's Federal Minister of Labour introduced draft legislation to reform temporary employment and contracts for work and labour.  The planned modifications intend to focus on the core function of temporary…more

FCC Continues to Modify Accessibility Rules Governing Program Guides and Closed Captioning

The FCC has amended its accessibility rules to add new requirements for audible on-screen program guides and activation mechanisms for closed captioning and video description. It also proposed additional rule changes that would require…more

Employers May Be Subject to Discrimination Claims by Staffing Agency Workers

The Third Circuit issued a decision last week holding that a temporary worker at a staffing agency can proceed with discrimination claims against the agency’s client to which he was assigned. In Faush v. Tuesday Morning, Inc., the…more

Day 4: Your First Five Questions (times four): A Practical Guide to the Amended Federal Rules of Civil Procedure – Rule 34 Objections

The current amended Federal Rules of Civil Procedure—and, in particular, those that address the practice of civil discovery—are the product of five years of development, debate, and, of course, dialogue. Now that the Rules are set to…more

Federal Reserve Announces Plan to Redistribute Unclaimed Foreclosure Settlement Funds

On November 19, the Federal Reserve announced a plan to redistribute unclaimed funds from the Independent Foreclosure Review Payment Agreement (Agreement). Under the Agreement, borrowers whose homes were in any state of the foreclosure…more

Labor And Employment E-Note - November 2015

A little-noticed provision in the federal Bipartisan Budget Act of 2015 calls for OSHA to increase its penalties to adjust for inflation for the first time since 1990... Please see full E-Note below for more information…more

Whose Choice Is It Anyway? Split Decisions Over Choice of Law and The Impact On Your Defense Strategy

Janssen Pharmaceuticals Inc., a unit of Johnson & Johnson, has been embroiled in a mass tort MDL in Philadelphia for its anti-psychotic drug, Risperdal, for almost a year now. So far in 2015, the juries have split – two in favor of…more

A Brief History of the Broadcast Reproduction Right

The following is a timeline of broadcast reproduction copyright developments, leading to yesterday’s Supreme Court of Canada decision in CBC v. SODRAC. 1980’s: SODRAC, a copyright collective society managing (largely French-language)…more

West Virginia Church Sues Development Authority

Summit Church, founded in 1991 in Elkins, West Virginia, is suing the Randolph County Development Authority for thwarting the Church’s plans to purchase property for its religious use. The Church already owns property in Elkins, but…more

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