Latest Updates

December 31st Deadline for DMCA/OCILLA Designated Agent Renewal Approaching

The U.S. Copyright Office has implemented a new electronic system for registering agents designated to receive notifications of claimed copyright infringement, under Section 512 of the Digital Millennium Copyright Act (“DMCA”), also… more

Rehearing Sought of Sixth Circuit’s Montreal Convention Holding on Recoverability of Mental Injuries

Defendant-appellee Etihad Airways recently petitioned the U.S. Court of Appeals for the Sixth Circuit for panel rehearing and rehearing en banc of Doe v. Etihad Airways, P.J.S.C., a decision by a panel of that court that departed from… more

EU & Competition Law Update – September 2017

On the 13th September 2017 Jean-Claude Juncker, the European Commission President, unveiled a framework for investment screening for certain foreign mergers in his “State of the Union” address to the European Parliament. At the same… more

SEC Wants the Truth and Nothing but the Truth in Advertising

Tell the truth, the whole truth, and nothing but the truth: that’s the message to registered investment advisors from the Office of Compliance Inspections and Examinations (OCIE) in a recent risk alert about the SEC’s Advertising Rule… more

Potential regulatory and transactional impacts for financial institutions

On 29 March 2017 the UK Government triggered Article 50 of the Treaty on European Union, giving notice to European Council of the EU of its intention to leave the EU and triggering a two year period of withdrawal negotiations… more

Investment Services Regulatory Update - September 2017

Market and Product Developments - Securities Industry Implements T+2 Settlement Cycle - On September 5, 2017, the securities industry transitioned to a shorter settlement cycle for most broker-dealer securities transactions… more

New Wave of Climate Change Related Litigation Focuses on Industry

Climate change related cases are on the rise nationwide, just like sea water levels. In fact, according to a United Nations study released in May 2017, the U.S. has three times more climate change litigation cases than the rest of the… more

Updates to Energy Related Bills in the 2017-2018

Stoel Rives’ Energy Team has been monitoring and providing summaries of key energy-related bills introduced by California legislators since the beginning of the 2017-2018 Legislative Session. Legislators have been busy moving bills… more

Council on Environmental Quality Releases Initial List of Actions to Streamline NEPA Reviews

Last week, the Council on Environmental Quality (CEQ) released an initial list of actions to implement Executive Order 13807, which was intended to streamline the federal review of major projects under the National Environmental Policy… more

Situations When Written Opinions of Counsel Could Spare You a Patent-Related Headache

In 2016, the U.S. Supreme Court issued a decision in the case of Halo Electronics, Inc. v. Pulse Electronics, Inc. making it easier for courts to find willful infringement in patent cases and award enhanced damages. Prior to Halo… more

EEOC Sues Malcolm S. Gerald & Associates for Sexual Orientation Discrimination

Collection Company Subjected Employee to Repeated Harassment Based on His Sexual Orientation, Federal Agency Alleges - CHICAGO - Collection agency Malcolm S. Gerald & Associates violated federal law by subjecting an employee to… more

The IP Cons of Fan Conventions

Pop culture fan conventions are huge in the new millennium. “Cons,” as they are often called, have sprung up all over the country and grown into a massive cultural phenomenon. There are Cons for comics, movie and television… more

Department of Labor Releases New Pregnancy Discrimination Poster

Last week I talked about the new state law regarding pregnancy discrimination that is going into effect on October 1, 2017. In that post, I mentioned a new notice that was required to comply with the law… more

Beijing-Based Cryptocurrency Trading Exchanges Told to Announce Trading Halt

Under the impact of the Chinese government’s recent formal notices of halting ICOs, Notice 99 and Joint Notice released on September 2, 2017 and September 4, 2017 respectively, Beijing authorities have taken further actions and held… more

Australia Proposes Modern Slavery Reporting Requirements for Multinationals – An Overview and Comparison to Existing Corporate Modern Slavery Disclosure Legislation

The Australian Government has released a consultation paper proposing the adoption of legislation that would require many multinationals operating in Australia to publicly report on modern slavery risk in their business and supply… more

Ocwen Predictably Reaches High-Dollar TCPA Settlement Following Class-wide Preliminary Injunction

By the time the gavel struck back on June 26, 2017, another high-dollar TCPA settlement was inevitable. On that date, Judge Matthew F. Kennelly of the Northern District of Illinois entered an order preliminarily certifying a TCPA class… more

UK publishes Data Protection Bill

On Thursday 14 September 2017, the UK published its new Data Protection Bill. It comes with much fanfare that it will underpin a world class privacy regime for the UK, give individuals more control over their data, support business and… more

I Owe Joint Taxes with My Spouse: What Do You Do? Innocent Spouse Relief (Part 8)

Married couples may file a joint federal income tax return together, reporting their joint income and expenses. The benefit of a joint return is that the overall tax rate may often be lower. However, if a joint return is filed, each of… more

Am I Being Clear Enough? – PTAB Reaffirms Lower Pre-Issuance Threshold for Indefiniteness in Ex Parte McAward

On August 25, 2017, the Patent Trial and Appeal Board issued a precedential opinion in Ex Parte McAward, reaffirming the Patent Office’s use of a lower pre-issuance threshold for indefiniteness distinct from the Supreme Court’s… more

A Guide To The Executive Branch Official Nomination Process

Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those… more

Oral Contract Upheld in California Despite Offer Letter Purporting to Supersede It

Does an employment offer letter that expressly supersedes any oral statements on the part of supervisors concerning conditions of employment preclude verbal wage promises made after the employee is hired? Chen v. M&C Hotel Interest… more

Interference On The Defense? Tenth Circuit Reinstates EEOC’s Formerly Dismissed Claim

Seyfarth Synopsis: After a federal district court dismissed the EEOC’s unlawful-interference claim against a private college that had sued a former employee for allegedly breaching a settlement agreement by filing an EEOC charge, the… more

Failure to Complain About Sexual Harassment Over Long Period of Time Dooms Later Claims

In most cases in order to demonstrate a hostile working environment due to sex, a plaintiff must show multiple incidents of harassment over a period of time. However, in some situations, allegations of harassment that occur without… more

Seventh Circuit Holds Footlong Settlement Falls Short

The Seventh Circuit’s rejection of a class action settlement in a case alleging consumer fraud against Subway for allegedly “shorting” customers of its Footlong sandwiches illustrates the pitfalls of settlements that provide only… more

Sands Anderson Report on Toys 'R' Us First Day Hearing in Bankruptcy Filings

Toys ‘R’ Us, Inc. and its affiliates have filed for chapter 11 bankruptcy in the United States Bankruptcy Court, Eastern District of Virginia, Richmond Division. Sands Anderson’s attorneys attended today’s “First Day” hearings held… more

CAS Legal Mailbag Question of the Week – September, 2017 #2

Dear Legal Mailbag: I was surprised to receive a letter the other day addressed to me as school principal with the Connecticut Department of Corrections as the return address. I opened the letter and read that it was from a man… more

UK Defamation: when words seriously harm

Evidencing in court that a defamatory statement has caused harm to your reputation can be notoriously difficult. The courts in the UK have therefore traditionally proceeded on the basis that, where a statement is proven to be… more

A Category 5 Compliance Problem: Hurricane Irma Gives Providers a Stark Reminder of Emergency Preparedness Realities

The havoc that Hurricane Irma caused in the Caribbean and most of Florida reminds us of the Centers for Medicare and Medicaid Services (CMS) requirements for emergency preparedness, which take effect November 15… more

Does investing in a PFIC make sense given FATCA reporting?

Since FATCA’s implementation in 2010, investing in a Passive Foreign Investment Company (PFIC) is a questionable decision. PFICs are reportable investments and their tax regime is punitive. Under FATCA, US Taxpayers’ undisclosed… more

Equifax Week Two: Hack Headaches Continue

The barrage of bad news for Equifax Inc. keeps getting worse. Here’s a recap of yesterday’s events: ? Mass AG Files Lawsuit – In the first enforcement action filed against Equifax Inc., the Massachusetts Attorney General filed a… more

Top Five Developing Issues in Class Action Litigation

Class action litigation is a rapidly developing area of the law. Here are the top five trends to keep an eye on as we approach the new year..… more

Look (At The PTAB Factors) Before You Leap Into Your Follow-On IPR Petition

Decision Denying Petitioner’s Requests For Rehearing, General Plastic Industrial Co., Ltd. v. Canon Kabushiki Kaisha, Nos. Case IPR2016-01357, 01358, 01359, 01360, 01361 (P.T.A.B. September 6, 2017) (expanded panel) - Last year, the… more

Emergency Rules Requiring Generators in Florida ALFs and Nursing Homes

As a result of Hurricane Irma, eight nursing home residents died after a power failure in a Hollywood, Florida nursing home. In the wake of that tragedy, on Sept. 18, 2017, Florida regulators published emergency rules requiring… more

Unit Operator Pays For a Problem of its Own Making

How many times must an operator suffer for a mistake in a unit declaration? Samson Exploration LLC v. T. S. Reed Properties Inc. makes it twice. (See Hooks v. Samson Lone Star for the first round). The Texas Supreme Court ruled that a… more

UK Publishes Draft Legislation Prohibiting the Manufacture and Supply of Cosmetic Products Containing Microbeads

On 11 September 2017, the UK Department for Environment, Food and Rural Affairs (DEFRA) published draft regulations prohibiting the manufacture and supply of rinse-off personal care products containing microbeads. The draft Regulations… more

Federal Appeals Court Affirms Six-Figure Jury Verdict in Pregnancy Discrimination Act Claim

A recent decision issued by the U.S. Court of Appeals for the Eleventh Circuit serves as a cautionary tale for employers quick to deny employees’ requests for accommodations after returning from maternity leave. The Pregnancy… more

Update: Second Round of NAFTA Negotiations Concludes - Progress Made?

The second round of the North American Free Trade Agreement (NAFTA) negotiations among the United States, Canada, and Mexico concluded earlier this month. While official statements from the countries indicated that all three feel they… more

DOJ Obtains $907,000 Settlement for Auto Lender’s Repossession of Active Duty Servicemembers’ Vehicles

On September 18, 2017, the Department of Justice (“DOJ”) announced that it had entered into a $907,000 settlement with an auto loan lender and servicer (“Defendant”). In its co?mplaint,? filed the same day in the United States District… more

A Changing Retail Streetscape: Rethinking Shopping Center Parking Lots

A recurring theme of this blog is that e-commerce, mobile devices, and evolving technology are changing the retail landscape. It seems that technology shifts are also poised to change the retail streetscape. More particularly, changes… more

Trump Administration Rulemaking Process to Redefine Scope of Clean Water Act – How Your Company Can Participate

One of the most difficult and costly aspects of developing mining projects in the United States is the permitting requirements under the Clean Water Act (CWA). The Trump administration is currently undertaking a rulemaking process to… more

Magnum, SMH

Who could possibly sully the sainted memory of Thomas Magnum, fictional private investigator and iconic 1980s bon vivant? All 45 of these guys, apparently… more

Vapor Intrusion: Why Property Owners and Purchasers really need to pay attention

An increasing degree of attention is being paid to instances of vapor intrusion, the process by which volatile chemicals migrate, in vapor form, from soil or groundwater into indoor air spaces of buildings. Even in the era of… more

Major GST/HST changes affecting investment limited partnerships

On September 8, 2017, the Department of Finance Canada released proposed amendments to the Excise Tax Act (“ETA”) that could deem certain payments from “investments limited partnerships” to its general partner (“GP”), which were… more

OFCCP Holds First of Three Compliance Assistance Town Hall Meetings

As we previously reported, the OFCCP announced in August that it would hold three “compliance assistance” town hall meetings. The first was held on September 19, 2017, at the Department of Labor’s Headquarters in Washington, D.C… more

Real Property & Title Insurance Update: Weeks Ending September 8 & 15, 2017

REAL PROPERTY UPDATE - Summary judgment: trial court erred by denying borrower’s motion to amend answer and defenses, and therefore erred in entering summary judgment in favor of lender. Reyes v BAC Home Loans Servicing LP, Case No… more

Does California Side With Delaware Or New York On Special Litigation Committee Reviews?

As discussed in the two preceding posts, Nevada’s Supreme Court last week decided to adopt New York’s standard of review of special litigation committee recommendations to dismiss stockholder derivative suits. In re Dish Network… more

Time for a Reminder

Timing is everything, they say, and nowhere is that more true than in the law of contract, where a failure to meet a deadline can have serious commercial and practical ramifications for the parties. In this blog Tim Reid has pulled… more

Municipalities' Water Withdrawal: NEPA/National Forest Management Act Challenge to U.S. Forest Service Authorization

The United States Court of Appeals for the 9th Circuit (“Court”) addressed in an October 23rd opinion Plaintiffs-Appellants Central Oregon LandWatch and WaterWatch of Oregon (collectively “Plaintiffs”) challenge to the United States… more

Cryptocurrencies: Are They Securities?

Cryptocurrencies, including Bitcoin, have been in the news a lot lately, but many people still don’t know what they are—or whether they’re regulated.  Here’s a quick rundown… more

FL Medical Marijuana Treatment Center License Application Released

The Department of Health has finally released the new Medical Marijuana Treatment Center (“MMTC”) license application and proposed rules, all of which can be found at… more

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