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Three Lessons about ADR

by JAMS

Having recently completed a manual about the ADR process, there are three features of mediation that jump out at me as noteworthy, but often overlooked by the practitioner. First are the multiple opportunities for the alert attorney to… more

UK Supreme Court Rules Employment Tribunal Fee Regime Unlawful

A significant judgment delivered on 26 July 2017, by the UK Supreme Court increases the likelihood of employment claims being brought in the future and is of significance to all organisations employing staff in the United Kingdom… more

SCOTUS Limits Reach of Fair Debt Collection Practices Act

In a unanimous decision, the Supreme Court narrowly interpreted “debt collector” under the Fair Debt Collection Practices Act to exclude debt purchasers engaging in collection efforts for their own accounts… more

Entering the HMDA Homestretch: CFPB Proposes Temporary Increase in HELOC Reporting Threshold, Releases New and Updated Filing Resources

As we have previously reported, in October 2015, the Consumer Financial Protection Bureau (CFPB) issued a sweeping final rule (“2015 Final Rule”) to amend Regulation C, which implements the Home Mortgage Disclosure Act (HMDA). The bulk… more

The Growing Business of Marijuana

Cannabis is a banned controlled substance under the federal Controlled Substances Act and thus manufacturing, selling, or distributing cannabis violates federal criminal law. That notwithstanding, the marijuana business is growing as… more

Patentee’s Willful Ignorance, Vexatious Lawsuits Set Off Alarm Bells

The US Court of Appeals for the Federal Circuit reversed a district court decision that an infringement case was not exceptional and found that the patentee’s willful ignorance of prior art and commencement of multiple lawsuits… more

Waves of Regulation Hit the Drone Industry

This edition of the Cozen O’Connor Drone Report discusses the unmanned aircraft systems (UAS)/drone-related provisions of the recently introduced FAA reauthorization bills, a recent FAA chief counsel’s legal interpretation regarding… more

Howey Got Here: SEC Issues Guidance on Token Offerings

The Howey test lives on—now in a lesson in what not to do when it comes to token offerings. Token offerings, also known as “initial token offerings,” “token launches,” “token sales,” “initial coin offerings,” or “ICOs,” represent a… more

UK House Of Lords Issues Report On Post-Brexit EU Data Transfers

On July 18, 2017, the UK’s House of Lords European Union Committee published a report on EU data protection standards and the impact on the U.K. in the wake of Brexit. The House of Lords’ report, entitled, Brexit: the EU data… more

PTO Attorneys’ Fees Are Fixed Costs and Thus Recoverable Expenses

Addressing the issue of whether the US Patent and Trademark Office (PTO) is entitled to recover attorneys’ fees in connection with the defense of a § 145 appeal, the US Court of Appeals for the Federal Circuit answered in the… more

Advertising Law - July 2017 #4

‘World’s Best’ Is Puffery, Not Objectively Provable Claim - The claim “World’s Best Glass Cleaner” is puffery, the National Advertising Division decided in a challenge brought by S. C. Johnson & Son Inc. against advertiser PLZ… more

The General Data Protection Regulation – Top 10 Considerations

The clock is ticking and in less than a year the European Union (EU) General Data Protection Regulation (GDPR) will be in full force. Companies should be getting ready now in order to avoid hefty fines for violations (up to 20 million… more

insights Newsletter - Summer 2017

Shumaker is pleased to present the Summer 2017 issue of insights. In it we discuss: - Proposition 65 Amendments Require Re-evaluation of Products and Warnings - Privacy Compliance Driven by the European Union -… more

Employment Matters – UK - UK Employment Tribunal Fees are Being Scrapped

In 2013, the UK introduced fees for claims made to employment tribunals and the Employment Appeal Tribunal. The legality of this was challenged by Unison, the trade union. Today, the Supreme Court unanimously ruled that tribunal fees… more

Negotiating Permits?

The title of yesterday’s post may have been a bit recondite for some readers as I never directly mentioned negotiating permits in the post. Therefore, today’s post will back up a bit and fill in some of the missing pieces… more

China’s New Cybersecurity Law Is a Start

On June 1, China’s new Cybersecurity law took effect. The new law applies not only to domestic Chinese companies but has wide-ranging implications for U.S. and other foreign companies doing business in China… more

New Legislation Revises Physical Restraint and Seclusion Training Requirements

Earlier this month, the Governor signed Public Act 17-220 (House Bill 7276), which contains a number of provisions aimed at providing “mandate relief” to boards of education. Section 5 of Public Act 17-220, effective July 1, 2017… more

High expectations for medicinal cannabis in Australia

Recognition of the potential therapeutic benefits of medicinal cannabis for a range of debilitating health conditions has been growing for several years. Recent legislative amendments open the door for the cultivation and production of… more

[Audio]Data Security Is More Than an IT Issue, The Data Report Episode 2

Data security isn’t only about technology or privacy; it’s also about consumer law. Litigation attorney Jay Ward discusses the growing number of companies facing enforcement actions over failing to safeguard their customers'… more

[Audio]Information Is Currency, The Data Report Espisode 1

Safeguarding, managing, controlling, and understanding your information is both valuable and vital. Litigation attorney Jay Ward begins building the foundation for understanding more complicated aspects of information management by… more

UPDATE: New UK Offences of Failure to Prevent Facilitation of Tax Evasion – looming deadline

In May 2016, we published an Alert about UK proposals to introduce new strict liability corporate criminal offences aimed at preventing the facilitation of tax evasion. Andy Howard, Tax partner in the Ropes & Gray London office, also… more

Amgen v. Sandoz: Federal Circuit Vacates Opinion and Mandate, Reinstates Appeal, Orders Further Briefing on Remanded Issues

As we previously reported, following the Supreme Court’s decision in Sandoz v. Amgen, Sandoz requested a remand to the District Court to answer the two questions that the Supreme Court had remanded to the Federal Circuit, i.e. (1)… more

A Primer on Design Professionals’ Liability in Virginia

When building a construction project in Virginia, it is essential that you understand the obligations and supporting legal principles for each of the parties involved in the Project. You cannot make an informed judgment of the risk… more

New Privacy Guidelines Now Effective in South Korea: Online Customized Ads; Smartphone App Access Rights

Two new privacy guidelines are now effective in South Korea. Earlier this year, the Korea Communications Commission (KCC) published “Privacy Guidelines for Online Customized Ads” (Korean language link) and a “Privacy Guide for… more

[Webinar] Creating a Culture of Workplace Compliance in the Tech Sector: Avoid Headlines and Legal Landmines - August 15th, 10:00am PT

Reports abound scrutinizing the HR practices of tech companies and their top executives. Internal employee complaints are increasingly becoming public. Customers, employees and investors more than ever scrutinize workplace culture and… more

Brexit: The Great Repeal Bill

On 13 July 2017, the UK government published the European Union (Withdrawal) Bill, known as the “Great Repeal Bill.” This major piece of constitutional legislation sets out the government’s proposals for transforming existing EU laws… more

UK Law Lords in Historic Decision on Employment Tribunal Fees

In a judgment that many commentators are calling the most significant in employment law in over 50 years, on July 25, 2017, the United Kingdom’s Supreme Court decided that the system whereby employees must pay fees to bring their… more

New Jersey District Court Considers Expansion of FCRA Liability

On July 17, 2017, a New Jersey federal district court heard oral arguments in a motion to dismiss a putative class action lawsuit alleging violations of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681a et seq. The FCRA claim… more

Unless the U.S. Supreme Court Rules Otherwise, Waivers of Collective Actions Are Not Enforceable in New York

On July 18, 2017, the First Department partially reversed the Commercial Division’s decision in Gold v. New York Life Insurance Company, No. 653923/12, 2017 BL 247192 (App. Div. 1st Dep’t July 18, 2017), a case that presented the issue… more

File Not Found: Lack of Fax or Call Logs Doom Class Ascertainability in TCPA Cases

What is seemingly a growing divide between circuits has developed on the appropriate standard for assessing ascertainability in federal class actions, including Telephone Consumer Protection Act (TCPA) class actions. Ascertainability… more

Justice Department Says Vending Machines Are Not Places Of Public Accommodation—And So Much More

Seyfarth Synopsis: In amicus brief to the U.S. Supreme Court, the Justice Department agreed with the Fifth Circuit and defendant Coca-Cola that a vending machine is not a place of public accommodation and that public accommodations can… more

One click away from a marketplace ban?

Luxury brands can lawfully prevent their authorised dealers from selling their products on third party online platforms such as Amazon.com and eBay, according to Advocate General Wahl's Opinion for the European Court of Justice (ECJ)… more

FINRA Proposes to Loosen Restrictions on Performance Projections

In March, FINRA solicited comments on proposed amendments to Rule 2210, Communications with the Public, that would create an exception to the rule’s prohibition on projecting investment performance. The proposed exception would permit… more

Updated OIG work plan for CFPB adds new project on sharing complaint data

Since our last blog post about the Office of Inspector General’s work plan for the CFPB, the work plan has been updated as of July 1, 2017 to add one new planned project… more

Privacy Tip #98 – Publishers Clearinghouse Imposters are Stealing Consumers’ Money

We all dream about winning the lottery or the Publishers Clearing House folks secretly coming up our walkway and knocking on our door telling us we won millions of dollars. Well, I do… more

Independent Contractors & Consultants Acting on Government Contracts May be Subject to Conflict of Interest Laws

Independent contractors and consultants who engage in or advise on public contracts may be subject to the conflict of interest laws under Government Code section 1090, the California Supreme Court ruled last month. Section 1090… more

FINRA Moves to Protect Seniors and Other Vulnerable Persons

FINRA has taken another step to protect against what it calls "financial exploitation of vulnerable individuals or individuals with diminished capacity." These include seniors (at least age 65) and persons (at least age 18) with a… more

Update: San Francisco’s Salary History Ban Signed Into Law

Seyfarth Synopsis: Mayor Ed Lee signed the “Parity in Pay Ordinance” (“Ordinance”) on July 19, 2017, prohibiting employers from inquiring about a job applicant’s salary history. The law will go into effect on July 1, 2018 (with… more

Ahead of Maduro Power Play, Trump Administration Sanctions Venezuelan Officials

Ahead of a Constituent Assembly that could re-write the Venezuelan Constitution and dissolve state institutions, the U.S. Treasury Department’s Office of Foreign Assets Control has designated 13 current and former Venezuelan government… more

Family Office Series, Part IV: Family Office Trends

In the previous posts in our Family Office Series, we have examined, among other topics, how family offices are structured and the pros and cons of forming a family office… more

Unexpected Risks of Early Exercise Incentive Stock Options

Canadian companies and their outside counsel occasionally ask about the ability to grant early exercise incentive stock options (“ISOs”) to limit the impact of the U.S. alternative minimum tax (“AMT”) to their U.S. employees. However… more

ALJ Forces Combination of Hedge Fund Group in New York City - Tax Update Volume 2017, Issue 4

On April 27, the New York City Tax Appeals Tribunal issued a decision requiring the related members of a hedge fund group to file a combined return for New York City tax purposes. However, the administrative law judge (ALJ) rejected… more

House Financial Services Committee Democratic staff report on CFPB assails Republicans, defends CFPB and arbitration rule

A report prepared by the Democratic staff of the House Financial Services Committee takes aim at Republicans for “attempt[ing] to ensure that the country reverts back to a big bank-oriented regulatory environment and to ‘functionally… more

More Followers, More (Potential Sponsorship) Problems – What Brands Should Keep In Mind When Sponsoring YouTube Gurus, Instagram Influencers, and Bloggers

The FTC recently reviewed numerous Instagram posts by celebrities, athletes, and other social media influencers, and sent out more than 90 letters to those individuals to remind them to “clearly and conspicuously disclose their… more

FDA Reauthorization Act of 2017 passes the House

Earlier this month, the House of Representatives passed H.R. 2430: FDA Reauthorization Act of 2017 (FDARA) by voice vote. The FDARA seeks, among other things, to amend the Federal Food, Drug, and Cosmetic Act to revise and extend the… more

House FAA Reauthorization Bill Proposes Implicit Revocation of US–EU Air Transport Agreement

On June 28, the US House of Representatives Committee on Transportation and Infrastructure reported out to the floor of the House of Representatives for consideration by the full House H.R. 2997, the 21st Century Aviation Innovation… more

Technology and Life Sciences IPO Survey - 2017 First Half

This report analyzes key aspects of initial public offerings (IPOs) for technology and life sciences companies that went public in the first half of 2017. Downloading the full report will provide you access to a number of tables and… more

Second Circuit Lowers Bar for Causation in FMLA Retaliation Claims

The U.S. Court of Appeals for the Second Circuit recently ruled that to advance a viable claim for retaliation under the Family and Medical Leave Act (FMLA), an employee need only demonstrate that exercising his or her rights under the… more

A Shadow Cast Over Boston’s Building Boom

There has been a law on the books in Massachusetts since 1990 restricting the construction of tall buildings that would cast what some might view as unsightly shadows over the Boston Common and Public Garden. With no open space… more

Appeals Court Confirms That a Government Building Has the Status of a Pre-Existing Nonconforming Structure When Transferred to a Private Party

In Gund, et al. v. Planning Board of Cambridge, et al., No. 15-P-1339 (Mass. App. Ct. July 19, 2017), neighbors of the former Sullivan Courthouse in Cambridge challenged special permits granted by the Cambridge Planning Board to a… more

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