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CFPB Moves to Ban Class Action Waivers But Will Not Ban Individual Arbitration

In a move that the financial industry long anticipated but nonetheless greeted with loud groans, the Consumer Financial Protection Bureau (“CFPB”) on October 7, 2015 proposed to ban class action waivers in contracts for consumer…more

Policy and Legal Implications of Implementing Renewable Energy at Scale: Getting the Most Out of The Clean Power Plan (Part 3 of 6)

On August 3, the Obama Administration released the much anticipated final Clean Power Plan (CPP). The nation’s first ever standard to address power plan pollution has an ambitious overall goal of reducing CO2 emissions by 32% from 2005…more

Fourth Circuit Grants Review of Use of Statistical Sampling in False Claims Act Case to Prove Liability and Damages

On September 29, 2015, the United States Court of Appeals for the Fourth Circuit agreed to hear on interlocutory appeal the controversial issue of reliance on statistical sampling in a whistle-blower action to prove liability and…more

Congressional Health Policy Hearings - October 2015

A number of recent Congressional hearings have focused on health policy issues, including the following..…more

California Expands Gender-Based Wage Protections by Adopting “Substantially Similar” Test and Requiring Employers to Justify Wage Discrepancies

The California Fair Pay Act, which goes into effect on January 1, 2016, prohibits employers from paying employees less than the rate paid to members of the opposite sex who perform “substantially similar” work. Although current laws…more

The Complications of Copyrighted Images in the Yellow Pages - Yellow Pages Photos, Inc. v. Ziplocal, LP

Reviewing a spectrum of copyright-related issues following the conclusion of a jury trial, the U.S. Court of the Appeals for the Eleventh Circuit affirmed the district court, concluding that willful copyright infringement under 17…more

Trans-Pacific Partnership Agreement Features Key Developments in Intellectual Property and Information Technology

On October 5, the 12 Trans-Pacific Partnership (“TPP”) countries announced that they had resolved all remaining issues and reached a final agreement on the long-anticipated regional free-trade agreement. As King & Spalding reported…more

Wrongful Trading: Robin Hood’s not-so Merry Men

Brooks and another v Armstrong and another [2015] EWHC 2289 (Ch) 0 - In a rare judgment considering wrongful trading in detail, the memorably-named “Robin Hood” case considers at which point the directors ought to have known that…more

The Proposed 340B Guidance:  Who is the Biggest Loser?

We have now had more than 30 days to digest HRSA’s proposed 340B Drug Pricing Program Omnibus Guidance (“Proposed Guidance”), intended to clarify expectations and provide guidance on key issues in the 340B Program. There are several…more

MoFo IP Newsletter - October 2015

The Survey Says: Tiffany Is Not Generic for A Ring Setting - Last month, the Southern District of New York granted summary judgment to Tiffany & Co. on its trademark infringement claim against Costco Wholesale Corporation for…more

An Evaluation of Secondary Meaning Can Consider Both Parties’ Use of the Mark - Test Masters Educ. Servs., Inc. v. Robin Singh Educ. Servs., Inc.

Addressing when a descriptive mark acquires a secondary meaning, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court, determining that neither party is entitled to a federal registration of the disputed mark…more

Investment Adviser Settles SEC Cybersecurity Enforcement Action; SEC Issues Investor Alert

On September 22, the U.S. Securities and Exchange Commission (“SEC”) and R.T. Jones Capital Equities Management, Inc. (“R.T. Jones”), a St. Louis-based investment adviser, settled charges that R.T. Jones failed to adopt “written…more

Reporters on Deadline
Contributor Spotlight

Eric Bardwell focuses his practice in the area of trust and estate planning. Prior to joining Lane Powell, Eric was a senior associate at WTAS, where he implemented estate planning, charitable…

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