Latest Updates

Small Business Payment For Performance Act Unanimously Leaves Committee – Will SBC Construction Contractors Be Able To Reduce Their Financial Exposure?

Currently pending in the House of Representatives is H.R. 2594, the “Small Business Payment for Performance Act of 2017” (the “Bill”). This Bill unanimously passed the House Committee on Small Business earlier today. While not yet a… more

Health Care Reform Behind Closed Doors

Behind closed doors, Senate aides work furiously on a piece of legislation that will potentially define the trajectory of health care for the next generation of Americans. Despite its potential impact on millions of Americans and the… more

Supreme Court Declares First Amendment Interest in Access to Social Networks

The internet has become so essential to American public discourse that saying so is almost trite now. Members of Congress regularly use social media to engage with constituents. The President has turned Twitter into one of his primary… more

‘Trust Me, You'll Love It': Caveat Emptor in Real Estate Transactions

Many people are familiar with the phrase “buyer beware,” or its Latin version, “caveat emptor.” In the sale of real estate, caveat emptor means that (absent contract language or terms to the contrary) a buyer purchases the property… more

Your New ®Ight To Disparage – A Look Inside “The Slants” Lanham Act Decision

The Federal trademark statute’s more-than-60-year prohibition on registering trademarks that may be viewed as disparaging goes out the window with the United States Supreme Court’s recent unanimous decision. The Court ruled that the… more

Alarmist Algorithms: Why Pricing Bots Won’t Be the End of Society

Federal Trade Commission Acting Chairman Ohlhausen and Commissioner McSweeny recently gave two very different speeches on algorithmic pricing. Commissioner McSweeny’s speech seemed to express concern that algorithms would lead to price… more

Appellate Court Notes

Appellate Court Advance Release Opinions: - AC38945 - Shook v. Bartholomew - AC38945 - Shook v. Eastern Connecticut Health Network, Inc. Defendants could not appeal plaintiff’s verdict in this motor vehicle accident case for… more

Uber’s CEO Is Forced Out

Have you ever felt powerless in your job? Felt that there was no way you could have impact on the corporate environment? Well, recent events have shown how the catalyst theory is alive and well in corporate America… more

[Video]Autonomous Cars -- The Future is Here

How far away are we from making the transition to self-driving cars? Car accident attorney Brian R. Denney at Searcy Denney explains that the future is here, and it is here now! At cities throughout the country, there are fleets of… more

FBAR Penalties Now Adjusted for Inflation: Abatement/Mitigation Still Possible

If you haven’t filed your Report of Foreign Bank and Financial Accounts (FBARs) on a timely basis, you could be at risk of a higher civil penalty assessment. Inflation-adjusted FBAR penalties are now in effect… more

ISO Standard Describes Aerosol Generation for Air Exposure Studies of Nano-Objects and Their Aggregates and Agglomerates

The International Organization for Standardization (ISO) recently published standard ISO/TR 19601:2017, “Nanotechnologies — Aerosol generation for air exposure studies of nano-objects and their aggregates and agglomerates (NOAA).” ISO… more

Get Ready for “On The Motion to Amend the Amendment of the Amendment of the Amendment …”

The “Discussion Draft” released June 22, 2017 by the Senate Budget Committee carries the House Bill number (H.R. 1628) of the American Health Care Act, and kills taxes like the House bill, but there are major differences, too. At 142… more

Are You Ready for AB 72?

To protect patients from receiving an unexpected surprise bill when they seek care at in-network facilities from out-of-network providers, Governor Brown signed AB 72: California’s surprise out-of-network law. The new law limits the… more

The State AG Report Weekly Update

Charities- New York Attorney General Reaches Settlement with Breast Cancer Charity over Fraud Allegations- New York AG Eric Schneiderman reached a settlement with the Breast Cancer Survivors Foundation, Inc. (“BCSF”) and its… more

ABCs of Distribution to Grocery

At Farm to Label, I presented a panel called “ABCs of Distribution to Grocery” with Brittany Sienia, Trade Analyst at Tillamook, Chris Tjersland, Partner Brands Development Manager at New Seasons and Ray VanWetten, Vice President-PNW… more

Customers Sue Darden Restaurants Over Information on Receipts

A class action lawsuit was recently filed against Darden Restaurants, Inc. (“Darden”), alleging that Darden violated the Fair and Accurate Credit Transactions Act (“FACTA”). Specifically, the plaintiffs alleged that Darden, which… more

What Is All The Hype About More Ethane Crackers Coming To The Marcellus Shale Play?

It is widely rumored that the Marcellus Shale Play can support a total of 3 ethane crackers. The math goes like this: By 2026-2030, an additional 267,000 barrels per day (b/d) of ethane could be available for use as a… more

Exhaustion and the “Right to Repair”: Ownership Rights after Impression Products, Inc. v. Lexmark Intern., Inc.

Hailed by some as the “right to repair”, on May 30, 2017, the Supreme Court ruled that a seller’s patent rights are not valid beyond the first sale of the patented product. Impression Products, Inc. v. Lexmark Intern., Inc. 137 S. Ct… more

US Companies Create Principles for Cybersecurity Risk Ratings

On June 20, 2017, the U.S. Chamber of Commerce announced that a consortium of more than two dozen chamber member companies, including prominent big banks, big-box retailers, and technology giants released a set of principles designed… more

Supreme Court Cuts Back Patent Owners’ Post-Sale Rights

Patent owners can no longer restrict the use of their patented products after the products are sold. Under the doctrine of patent exhaustion, a patent owner’s rights are “exhausted” once the patent owner sells the product. In… more

Advertiser Fined By FCC For Use Of Emergency Tones in Football Ads

The FCC entered into a settlement late last month with TEGNA, Inc. (“TEGNA”) for $55,000. The case erupted after TEGNA used Emergency Alert System (“EAS”) tones in its television ad promoting the Jacksonville Jaguars NFL team. The… more

CPSC Requests Feedback to Reduce Compliance Burdens

Have ideas to lighten the load for complying with consumer product safety regulations? The Consumer Product Safety Commission (“CPSC” or “Commission”) wants to hear about them. The Commission has asked for comments and suggestions for… more

In a Series of Personal-Jurisdiction Cases, the Supreme Court Gives Businesses Tools Against Forum Shopping

The 2016–2017 U.S. Supreme Court term will be remembered for decisions on splashier subjects, but for the business community, the personal-jurisdiction decisions in BNSF Railway Co. v. Tyrrell and Bristol-Myers Squibb Co. v. Superior… more

Slanting Toward The End Of The Commercial Speech Doctrine

Amid the hullabaloo over the U.S. Supreme Court’s decision this week in Matal v. Tam, a much broader and potentially more significant development might be overlooked. It shouldn’t be. The case involved Simon Tam’s band “The Slants,”… more

Changes to the Shareholders’ Rights Directive

The Council of the EU adopted several changes to the Shareholders’ Rights Directive of 2007. The changes are relevant to listed companies in the EU. The changes are aimed at encouraging shareholder engagement, in particular in the… more

The Draft 2018 ESL is out for Public Comment — FCC Seeks Comment on Category One Funding for Certain Equipment and Wiring

The FCC’s Wireline Competition Bureau just released the draft eligible services list (“ESL”) for E-rate funding to be used to determine the eligibility of services and equipment for the 2018-2019 funding year, which will start on July… more

Could Your Website Be Collecting Information from Kids? Federal Trade Commission Issues 6-Step Plan for Complying with the Children’s Online Privacy Protection Act

This month, the Federal Trade Commission (FTC) issued guidance for businesses operating websites and online services looking to comply with the Children’s Online Privacy Protection Act (“COPPA”). COPPA addresses the collection of… more

Congressional Committees Advance Bipartisan FDA User Fee Agreements

On May 11 and June 7, the Senate HELP Committee and House Energy and Commerce Committee, respectively, both advanced bipartisan legislation to reauthorize four different user fee agreements that account for over a quarter of the FDA's… more

A quick guide to asset protection for pension schemes

What protection is available for pension scheme assets in the event of provider failure such as negligence, fraud or insolvency, or the failure of the other parties involved in an investment? This question is particularly important… more

Supreme Court Decides Maslenjak v. United States, No. 16-309.

On June 22, 2017 the U.S. Supreme Court decided Maslenjak v. United States, holding that to revoke naturalized citizenship based on a crime committed in the naturalization process, the government must show that the crime had a causal… more

Applicable Federal Rates - July 2017

Please see full charts below for more information… more

The Latest East Coast/West Coast Conflict: Massachusetts Courts Consider the Application of California Law in Non-Compete Litigation

Hearkening back to the rivalry between the Boston Celtics and Los Angeles Lakers in the 1980s, Massachusetts courts (as well as others around the country) have increasingly been asked to analyze the application of California law in… more

Tectonic Shift Affecting Enforcement of Noncompetition Agreements Emanates from the 2017 Nevada Legislative Session and Passage of AB 276

Nevada noncompetition law has historically had few seismic shifts, which changed in 2016 when the Nevada Supreme Court issued its opinion in Golden Road Motor Inn, Inc. v. Islam, 376 P.3d 151 (Nev. 2016). That case sent shockwaves… more

Indiana Reverses Course on Telemedicine Prescribing and Controlled Substances Laws

Indiana has taken another step towards expanding the meaningful use of telemedicine in connection with clinical services and prescribing. HB 1337, signed by Governor Eric Holcomb and effective July 1, 2017, will allow providers to… more

Privacy Tip #93 – Electronic Frontier Foundation Privacy Badger

I am from Wisconsin, so I am a Badger fan. Actually a double Badger fan, as I am a big fan of the Electronic Frontier Foundation’s (EFF) Privacy Badger. According to the EFF’s website, Privacy Badger “is a browser extension that… more

Enforcing awards against states – is it becoming more difficult?

Enforcing awards against states – is it becoming more difficult? Energy companies frequently face disputes against states. If successful in such disputes, claimants have to enforce the award or judgment against the state's assets in… more

[Video]Driving Enthusiasm for Business Development Within the Firm: Market Leaders Podcast with Jim McGrew, Ogletree Deakins

Join David Ackert as he interviews Jim McGrew, Chief Client Services Officer at Ogletree Deakins, in this episode of the Market Leaders Podcast. Tune in to hear David and Jim discuss: - How Ogletree centers its culture around… more

New Pre-Action Protocol for Debt Claims in force from 1 October 2017. Are you ready?

After a lengthy consultation period, the Pre-Action Protocol for Debt Claims (PAPDC) has now been finalised and will come into force on 1 October 2017. This protocol will apply to lenders who are seeking payment of a debt from an… more

Seventh Circuit Rejects Rule 67 Mootness Argument But Keeps Campbell-Ewald Full Deposit Maneuver Alive

Rien n’est eternel. Nothing lasts forever. In TCPAland, things don’t even last a week. Just days after a Chicago district court endorsed the tactic in A Custom Heating & Air Conditioning, Inc. v. Kabbage, Inc., 2017 U.S. Dist. LEXIS… more

Intellectual Property Newsletter - June 2017

Shearman & Sterling’s IP litigation team has published its quarterly newsletter. The newsletter covers a wide range of current IP topics: the Supreme Court’s TC Heartland patent-venue decision, the constitutionality of inter partes… more

SB1025 Amending Section 12-820.03 Relating to Immunity for Public Entities

On May 1, 2017, Governor Ducey approved SB1025. This Bill amends A.R.S. § 12-820.03, which provides immunity to public entities and employees for claims arising from a plan or design for construction, maintenance, or improvement to… more

Update: Ban on Registering “Disparaging” Trademarks Unconstitutional

In a unanimous opinion based on differing rationale, the Supreme Court held that the federal prohibition on registering “disparaging” trademarks is unconstitutional. (Matal v. Tam, No. 15-1293)… more

Law Firms: The Future is NOW

What makes you a restaurant, instead of a steakhouse?… more

Luxembourg: CSSF Circular 17/658 - Compliance with the European Banking Authority’s Guidelines on Sound Remuneration Policies

On 16 June 2017, the Luxembourg Financial Regulator (Commission de Surveillance du Secteur Financier – CSSF) issued Circular 17/658 addressed to credit institutions and CRR investment firms on the compliance with the European Banking… more

12 months' imprisonment for breach of disclosure order

On 17 May 2017, the English Court handed down a 12 month prison sentence against an individual, Mrs Sandhu, for repeated breach of a disclosure order in Kimyani v Sandhu [2017] EWHC 1302 (Ch)… more

As Supreme Court Declines Opportunity to Review Closely Watched Union-Friendly Decision, Micro-Units Remain a Threat to Employers—For Now.

Representing the latest in a series of significant labor law developments in an already busy month of June, the United States Supreme Court declined to review the Fifth Circuit’s controversial, pro-union decision in Macy’s v. NLRB this… more

Avoiding State Law Pitfalls (Part 3 of 4)

This is the third hypothetical in our series showing how well-intentioned employers can violate unfamiliar state laws. Scenario #3 - The manager of a restaurant in Hartford, Connecticut calls you regarding an outspoken cook who… more

Of "Likes" and Luck: Social media and gaming regulations

It is increasingly common for companies to organise marketing promotions using social media, perhaps, due to the ease and relatively low cost of doing so. It may come as a surprise to some, that such seemingly innocuous promotions… more

Messaging Apps May Face New Obligations in Russia

The State Duma, Russia’s lower chamber of Parliament, has adopted amendments to the Federal Law on Information, Information Technologies and Information Protection of the Russian Federation (the Law) in its first reading. Under the… more

Montana to study customer-generator costs, benefits

Montana utility regulators are preparing to study the costs and benefits of distributed solar energy projects and other customer-generators. The results could reshape the way net-metered customers are charged for electric service… more

Readers' Choice 2017
Reporters on Deadline
Contributor Spotlight

Porter Hedges is a full-service Houston-based law firm founded in 1981. We are one of the ten largest Houston-based firms and among the largest in Texas. Our team includes business and trial lawyers…

[ About | Legal Updates ]

Watch This