Latest Updates

Effect of failure to renew appointment of a process agent for service of process

A defendant’s failure to renew a process agent’s appointment did not affect a claimant’s right to serve a claim form at the address of the original process agent (which had become a building site) because the contract provided that the… more

Go Visit Your Client’s Place of Business

I get the pleasure of seeing some pretty amazing places of business for my job. We get sent to all sorts of businesses all around the world to interview law firm clients and learn about their businesses and how the law firms can serve… more

How To Avoid Wrongful Termination Lawsuits In Michigan

In Michigan, employment is usually considered to be “at-will”. This means that either an employer or employee may decide to terminate employment at any time, with no reason needed. There are, however, a few exceptions to the rule. If… more

Maryland’s Highest Court Holds That Condos May Not By Rule Suspend A Unit Owner’s Access To Common Elements For Delinquent Assessments

The Maryland Court of Appeals has invalidated a rule adopted by a condominium to suspend access to common elements for unit owners who are delinquent in paying assessments. In an opinion issued on June 23, 2017 in the case of Elvation… more

CFTC Unanimously Approves Revisions to Delegated Authorities and Technical Amendments

On June 20, 2017, the U.S. Commodity Futures Trading Commission (“Commission“) unanimously approved a Final Rule on Revisions to Commission Delegated Authority Provisions and Technical Amendments (“Final Rule“). As a result of the… more

Tenth Circuit Follows Majority Of The Circuit Courts And Holds Plaintiff Bears The Burden Of Proving Causation In ERISA Breach Of Fiduciary Duty Cases

On June 5, 2017, in Pioneer Centres Holding Co. Employee Stock Ownership Plan & Trust v. Alerus Fin., N.A., Case No. 15-1227, the U.S. Court of Appeals for the Tenth Circuit held that the plaintiff bears the burden on each element of… more

Construction of competing jurisdiction clauses

The Commercial Court has upheld an Italian local authority’s jurisdiction challenge in respect of certain declarations relating to interest rate swaps entered into under an ISDA Master Agreement. At first instance, the judge ruled… more

BIO Announces 2017 Rosalind Franklin Award Winner

On June 14, 2017, the Biotechnology Innovation Organization (BIO) announced that biotech industry veteran Vonnie Estes would receive the 4th annual Rosalind Franklin Award for Leadership in Industrial Biotechnology. Estes, an… more

The Better Care Reconciliation Act: Assessing the Senate's AHCA Counterpart

On June 22, the Senate unveiled its counterpart to the House of Representatives’ American Health Care Act (AHCA) — the Better Reconciliation Act (BCRA) — and Republican leaders have reportedly indicated a desire to vote on the bill… more

Supreme Court Narrows FDCPA’s Definition of Debt Collector

Debt buyers generally are considered “debt collectors” under the Fair Debt Collection Practices Act (“FDCPA”). However, on June 12, 2017, the Supreme Court decided Henson v. Santander Consumer USA Inc., which resolved an existing… more

Transgender Equality: Coming to a School Bathroom or Locker Room Near You!

On February 22, 2017, the U.S. Departments of Education and Justice issued a letter withdrawing the statements of policy and guidance reflected in the May 13, 2016 Dear Colleague Letter on OCR's enforcement of Title IX with respect to… more

Canada’s Anti-Spam Legislation (Casl): Compliance Checklist For Business Transactions

DUE DILIGENCE PHASE - Does the Target send commercial electronic messages (CEMs) from Canada and/or to recipients in Canada? CEMs include any email, text message or other direct electronic message that wholly or partly encourages… more

Bank held to higher duty despite no advisory relationship

Even where no advice was given, a bank’s duty of care to its customer was higher than a duty not to misstate facts and extended to explaining the financial implications of certain loans. The decision suggests that, in certain… more

DOL Opinion Letters Are Back

The U.S. Department of Labor announced today that it will reinstate the Department’s long-standing practice of issuing opinion letters to employers and employees regarding application of the Fair Labor Standards Act. The Obama… more

U.S. Supreme Court Holds that the Filing of a Class Action Does Not Toll the Securities Act’s Statute of Repose

In a 5-4 decision, issued during the final week of the its term, the U.S. Supreme Court held that the filing of a class action does not toll the three-year period provided for in Section 13 of the Securities Act of 1933. Interestingly… more

New Guidance from USACE Could Streamline Processes

A June 21, 2017 Memorandum issued by James Dalton, the U.S. Army Corps of Engineers Director of Civil Works, is designed to streamline a number of USACE processes, including..… more

The United States Supreme Court Allows Part of President Trump’s Travel Ban to Move Forward, Will Hear Case on its Merits

Yesterday, the U.S. Supreme Court issued a unanimous order lifting part of the injunction that had been placed against President Trump’s March 6 Executive Order that established a travel ban on certain people entering the United… more

Anthem Agrees to Pay Over $100 Million to Settle Data Breach Lawsuit: Cybersecurity Trends

One of the most notable data breaches in recent years was the one suffered by health insurer Anthem involving the personal information of nearly 80 million individuals. It looks like they are going to pay up big to make the… more

Supreme Court Holds That Securities-Law Statutes of Repose Are Not Subject to Class-Action Tolling

The U.S. Supreme Court ruled today that the pendency of a securities class action does not allow individual class members to opt out of the class and file separate actions under the Securities Act of 1933 more than three years after… more

Evidence of Unexpected Results Key to Grant of Substitute Claims in Inter Partes Review Proceeding

In Valeo North America, Inc. v. Schaeffler Tech. AG & CO. KG, after finding that all original claims of the patent were unpatentable during an inter partes review (IPR) proceeding, the Patent Trial and Appeal Board granted, in part… more

Los Angeles releases proposed commercial cannabis regulations

In one of the most significant milestones in the history of marijuana legislation, Los Angeles’ City Council recently released its proposed regulations governing commercial cannabis activity in the city. Simultaneously, the Department… more

Lack of Enablement in Provisional Application Results in Loss of Priority

In Storer v. Clark, [2015-1802] (June 21, 2017) the Federal Circuit affirmed the Patent Trial and Appeal Board’s decision awarding priority in an interference to Clark, on the grounds that Storer’s provisional application did not… more

Supreme Court Narrows, But Declines to Stay, Injunctions Blocking Travel Ban Executive Order

On June 26, 2017, the U.S. Supreme Court entered an order that narrowed, but declined to stay, two preliminary injunctions prohibiting enforcement of various provisions of President Trump’s March 6, 2017 Executive Order entitled… more

Department of Justice Reverses Stance and Urges Supreme Court to Enforce Class Action Waivers in Employment-Related Arbitration Agreements

The Department of Justice has reversed its stance and now urges the Supreme Court to enforce class action waivers in employment-related arbitration agreements. This increases the likelihood that the Supreme Court will side with the now… more

Supreme Court Rules On Disparaging Trademarks

For decades, the USPTO has denied registration to trademarks that are disparaging and offensive to specific racial or ethnic groups under the disparagement clause of the Lanham Act. The United States Supreme Court recently weighed in… more

West Virginia Supreme Court Applies Ohio Mixed Dust Exposure Statute

Recently, in State ex rel. American Electric Power v. Swope, the West Virginia Supreme Court ordered the dismissal of a number of mixed dust exposure cases. Dozens of persons brought claims alleging injuries as a result of being… more

U.S. Supreme Court: State Law Merging Lots in Common Ownership Not a Regulatory Taking

In an interesting twist, eight members of the U.S. Supreme Court agreed on June 23, 2017, in the case of Murr v. Wisconsin, No. 15-214, that state regulations making two adjoining lots held in common ownership into a single parcel did… more

Minneapolis and St. Paul Sick and Safe Time Ordinances Set to Take Effect July 1st

The sick time ordinances passed by both the Minneapolis and St. Paul City Councils take effect July 1, 2017. The Minneapolis Sick and Safe Time ordinance requires all employers with six or more employees to provide paid sick time;… more

RICO Madness: Marijuana Operations Face RICO Challenges in Federal Courts

Don’t look now cannabis businesses, but your neighbors may be raising a racket. A June decision by the 10th Circuit Court of Appeals in Denver may have opened the doors to new legal challenges to marijuana operations: civil suits under… more

Ten (plus one) things to consider when you do a leveraged finance deal in Italy

European Leveraged Finance Alert Series: Issue 6 - Legislative changes in Italy (starting from 2012) facilitated leveraged transactions facilitating security in both bank and bond financings and aligning bond and bank finance… more

SCOTUS: Supreme Court Lifts Biosimilars by Allowing Early Commercial Marketing Notice

The Supreme Court handed down its opinion in Sandoz Inc. v. Amgen Inc., marking the first time the Court has interpreted the Biologics Price Competition and Innovation Act (“BPCIA”) for the approval of biosimilar drugs. On the first… more

U.S. Supreme Court Rules on Travel Ban

Today the U.S. Supreme Court (SCOTUS) issued a mixed decision in the “Travel Ban” litigation, relating to Presidential Executive Order 13780 (“EO”). As explained in more detail below, the SCOTUS decision gave a partial victory to the… more

How Does the Withdrawal of the DOL’s 2015 and 2016 Informal Guidance on Joint Employment and Independent Contractors by Trump’s Secretary of Labor Impact Employers?

On June 7, 2017, U.S. Secretary of Labor Alexander Acosta announced the withdrawal of the U.S. Department of Labor’s 2015 and 2016 informal guidance documents on joint employment and independent contractors. In the three sentence… more

The Application of Mandatory Rules of Italian Law to Interest Rate Swaps Governed by an English Law ISDA Master Agreement: English Law Choice Prevails

Where parties to a contract choose English law to govern that contract, there are few rules that allow a foreign law to intervene. The recent decision of the Court of Appeal in Dexia Crediop SpA v Comune di Prato [2017] EWCA Civ handed… more

Round Two: Significant Telehealth Expansion Re-Proposed in Bipartisan Senate Bill

On May 3, 2017, the Creating Opportunities Now for Necessary and Effective Care Technologies for Health Act of 2017 (S. 1016) (CONNECT Act of 2017) was reintroduced by the same six senators who had initially introduced the legislation… more

Pennsylvania Senators Introduce New Municipal Debt Reform Bills

Pennsylvania State Senators John Blake, John DiSanto, and Mike Folmer recently introduced a trio of new municipal debt reform bills that follow on the package of reform bills introduced in the Senate in March. The new bills – Senate… more

Supreme Court Rejects Tolling Argument for Nonnamed Class Members’ Section 11 Claims

On June 26, 2017, the Supreme Court issued a 5-4 decision in California Public Employees’ Retirement System v. ANZ Securities, Inc., et al. (No. 16-373), holding that tolling does not apply, when a class action is pending, to the three… more

Cleveland Clinic Foundation v. True Health Diagnostics LLC (Fed. Cir. 2017)

Most people have had the experience of becoming lost and, having arrived at their destination, realizing that it was only one false turn that caused their confusion. For those with a physics background one can recall the feature of… more

NPR Report Discusses Growing Interest In Portable Benefits

Late last week, NPR aired a story discussing the governmental efforts to bring portable benefits to gig workers..… more

Muslim-Country Travel Ban Upheld in Part

The U.S. Supreme Court decided that the United States can ban entry by persons from Muslim countries, partially and temporarily upholding the Executive Order travel ban. Travelers from Iran, Syria, Sudan, Libya, Somalia, and Yemen are… more

Second Circuit Says No to Unilateral Revocation of TCPA Consent to Contact, Citing Contract Principles

The Second Circuit Court of Appeals has split with the Third Circuit, the Eleventh Circuit, and the Federal Communications Commission (FCC), and utilized contract principles to hold that a consumer may not necessarily have the ability… more

Law Review Article on Off-label is On Target

More than once we’ve said that we read law review articles so you don’t have to. We separate the wheat from the chaff. The wheat is scarce. That is because law review articles usually drown the little bits of objective description of… more

Supreme Court Upholds Strict Time Limit for Securities Actions

On June 26, 2017, the Supreme Court issued a decision in the closely watched case of California Public Employees’ Retirement System v. ANZ Securities, Inc., holding that claims under Section 11 of the Securities Act of 1933 must be… more

Cayman Islands FATCA/CRS Deadlines Extended

On June 22, 2017, the Cayman Islands extended deadlines relating to 2016 FATCA and Common Reporting Standard (CRS) compliance, as follows..… more

California Environmental Law & Policy Update - June 2017 #4

Environmental and Policy Focus - EPA to reduce staffing by more than 1,200 this summer - Washington Post - Jun 20 - The U.S. Environmental Protection Agency (EPA) plans on shedding more than 1,200 employees by early… more

Integrating Structured Data Into the E-Discovery Process

As data volumes increase and become more complex, having an integrated e-discovery environment where systems and data sources are automatically syncing information and exchanging data with e-discovery applications has become critical… more

Can marijuana-impaired driving be proved by THC level?

With more chronic pain suffers using medical marijuana, how do you prove impairment if a car crash occurs? AAA-FTS study shows THC impairment threshold can’t be scientifically supported… more

Supreme Court Rules That Equitable Tolling Does Not Apply to Section 13 of the Securities Act

In one of the first cases argued before new Justice Neil Gorsuch, the Supreme Court in California Public Employees’ Retirement System v. ANZ Securities, Inc. (CalPERS), No. 16-373, slip op. at 16-17 (June 26, 2017), decided yesterday… more

Co-Trustee Conflict Fuels California Trust Litigation

California trust litigation often stems from disagreements and hostility among family member co-trustees. Rather than picking one of their kids to serve as sole successor trustee when they die or become incapacitated, Mom and Dad often… more

It’s Time to Bring Back the Square State Conduit:  If We Build It, They Will Come.

What in the world have we done to ourselves? Our CRE Securitization business, or at least the conduit part of our business, continues to shrink: $800 billion in outstanding principal balance in 2007 and now, $400 billion? Maybe… more

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