Latest Updates

Second Circuit Rejects TCPA Lawsuit Holding Plaintiff’s Consent to Receive Calls Was Irrevocable

The Telephone Consumer Protection Act (“TCPA”) generally prohibits automated or prerecorded calls to cellular phones, absent the recipient’s express consent. Although other courts and the Federal Communications Commission (“FCC”) have… more

An Important New Decision On Substantial Aggravating Circumstances

North Carolina courts regularly dismiss claims for violation of N.C. Gen. Stat. § 75-1.1 where the allegations amount to nothing more than a breach of contract. A recent decision by Judge Adam M. Conrad of the North Carolina… more

Richmond’s ‘Unabashedly Urban’ Rezoning Plan May Foster Commercial Development

When the City of Richmond’s Bus Rapid Transit (BRT) system (known as the PULSE) begins operating along Broad and East Main streets in October 2017, new transit oriented development projects in that area may follow. If a resolution… more

Reyes v. Lincoln Automotive Financial Services: Second Circuit Rules that TCPA Does Not Permit Revocation When Consent is Provided as Consideration in a Binding Contract

In Reyes v. Lincoln Automotive Financial Services, No. 16-2104-cv, 2017 WL 2675363 (2d Cir. June 22, 2017), the Second Circuit Court of Appeals held that the TCPA does not permit a consumer to revoke his or her consent to be called… more

Reminder: Wireless Handset Manufacturer Due July 17, 2017

FCC Form 655 – Wireless Handset Manufacturer Hearing Aid Compatibility Status Report - All manufacturers of wireless handsets that are used in the delivery of digital commercial mobile radio service (“CMRS”), specified in section… more

Cook County, Illinois, Issues Final Paid Sick Leave Regulations

The Cook County, Illinois, Commission on Human Rights has released final regulations that will govern its interpretation and enforcement of the Cook County “Earned Sick Leave” (ESL) Ordinance. The Ordinance is set to take effect on… more

Another FLSA Class Action Alleging Misclassification Settles: What Else Is New?

It is difficult to defend a class action based on exemption, which explains why many of these cases (as herein) settle. This is because the employer-defendant is (usually) going to be completely right, or totally wrong. Either the… more

U.S. Supreme Court Partially Lifts Injunction on President Trump’s March Executive Order on Immigration Policy

On June 26, 2017, the Supreme Court of the United States (SCOTUS) partially lifted the injunction and agreed to hear arguments on President Trump’s March 6, 2017 executive order entitled Protecting the Nation from Foreign Terrorist… more

Brands that Bite - The Supreme Court unanimously rules that the First Amendment forbids the Trademark Office from refusing to register disparaging trademarks

By striking down the “disparagement clause,” a 70-year-old provision of federal trademark law, the Supreme Court’s ruling this week in Matal v. Tam has the potential to change the ways in which people conceive, market, advertise and… more

Construction E-Note - June 2017

With online retailers challenging brick and mortar stores, the importance of online transactions and the terms of the contracts they create has never been greater. In the context of arbitration, courts are increasingly being faced with… more

2017 Tennessee Tax Legislative Highlights - State & Local Tax Alert: Tennessee Edition

In addition to Tennessee’s passage of the IMPROVE Act (Improving Manufacturing, Public Roads and Opportunities for a Vibrant Economy) also known as the “2017 Tax Cut Act,” 2017 Tenn. Pub. Acts 181, featured in our State and Local Tax… more

Congressional Hearing on Driverless Cars: Tuesday, June 27

The U.S. House Subcommittee on Digital Commerce and Consumer Protection will hold a hearing today on self-driving vehicle legislation at 10 am… more

Poor Performing CEOs and Boards and Compliance Disasters

The business headlines are filled with the latest corporate scandal – Uber’s defective culture, CEO misconduct and reprehensible comments by supervising board members. Uber is just one of several significant companies caught in the… more

Trans Union Hit with Largest FCRA Verdict to Date

Trans Union, LLC, one of the largest credit reporting agencies in the United States has been hit with a verdict by a California jury for $60 million, which is the largest verdict under the Fair Credit Reporting Act (FCRA) to date… more

June 2017 FCC Meeting Recap: FCC Seeks to Exempt Threatening Calls from Ability to Mask Number Using Caller ID Privacy Protections

At its June 22, 2017 Open Meeting, commissioners of the Federal Communications Commission (FCC) voted to start a proceeding that will consider proposed changes to the agency’s rules regarding Caller ID privacy. Specifically, the FCC’s… more

Council of EU Agrees on Approach to Legislative Proposals for Insolvency Hierarchy Directive and IFRS 9 Regulation

The Council of the EU has agreed on a general approach to the legislative proposals for a directive (which will relate to the ranking of unsecured debt instruments in insolvency) amending the Bank Recovery and Resolution Directive… more

OSHA Indefinitely Suspends July 1 Electronic Injury and Illness Submission Requirements

As we previously reported, during the last year of President Obama’s Administration, the Occupational Safety and Health Administration (OSHA) published an amendment to its illness/injury recording keeping rule, which would have… more

Judges Refuse Certification of Off-the-clock Wage and Hour Cases

The Northern District of Illinois has now either decertified or refused to certify two “off the clock” cases involving hourly workers at O’Hare Airport. Neither case involves O’Hare employees per se, but both involve large contractors… more

Supreme Court Partially Reinstates President Trump’s Executive Order on Travel

As previously reported, federal courts recently blocked key provisions of President Donald J. Trump’s revised March 6, 2017 Executive Order (EO) on travel from being implemented. On June 26, 2017, the Supreme Court of the United States… more

Blog: What’s Up With The Declining Number Of IPOs?

At a meeting on Thursday of the SEC’s Investor Advisory Committee, a panel discussed the declining number of IPOs, a topic that seems to be top of mind for many in the securities arena. Of course, there’s a reason for that; according… more

Creating Trust to Ensure a Trust’s Success

One of the biggest missteps of clients is to create a trust without communicating its purpose with the adult beneficiaries. Without guidance from the client/grantor and his or advisors, beneficiaries sometimes become suspicious that… more

Rating Agency Developments

On June 21, 2017, Moody’s published its ratings methodology assessing rated issuers in the pharmaceutical industry. On June 21, 2017, Moody’s published its ratings methodology assessing rated issuers in the automobile manufacturer… more

An Implied Contract Can Turn You “Inside Out” — Remember the Non-Confidential Disclosure Agreement

Denise Daniels has sued the Walt Disney Company in the Central District of California for breach of an implied-in-fact contract to compensate her for using her ideas in the movie Inside Out. Daniels alleges that she relied on the… more

Congress Faces Tough Questions on the Road to Governing Self-Driving Cars

Self-driving cars must also scare the hell out of Congress too. This past June 14 – long after states began their forays into regulating self-driving cars – the U.S. Senate Commerce, Science, and Transportation Committee activated… more

June 2017 FCC Meeting Recap: FCC Proposes $120 Million Fine for Alleged “Spoofed Robocall Campaign”

On June 22, 2017, the Federal Communications Commission (FCC or Commission) issued a first-of-its-kind Notice of Apparent Liability (NAL) alleging that Adrian Abramovich, through numerous companies that he owned or operated, violated… more

Legal Right Supersedes Physical Possession When It Comes to Control of ESI, Court Rules: eDiscovery Case Law

In First American Bankcard, Inc. v. Smart Business Technology, Inc., et. al., No. 15-638 (E.D. La., May 24, 2017), Louisiana Magistrate Judge Joseph C. Wilkinson, Jr. granted the Plaintiff’s Motion to Compel Discovery and for… more

Supreme Court Allows Partial Effect to Trump Travel Ban, Will Review Case in October

It comes as no surprise that the U.S. Supreme Court will hear the travel ban case and will do so in early October. Meanwhile, the Court stayed lower court injunctions allowing President Donald Trump’s revised travel ban to go in… more

Securitization in Italy: New Market-Friendly Rules Enacted

On June 15, 2017, the Italian Parliament approved the Conversion Law of Decree no. 50 of April 25, 2017 ("Conversion Law"). The Conversion Law includes a review of the legal framework applicable to Italian securitization transactions… more

Where Can Your Company Be Sued? The Basics of Personal Jurisdiction

On May 30, 2017, the United States Supreme Court issued an opinion in the case of BNSF Railway Co. v. Tyrrell. Among other things, the case analyzed and reaffirmed the grounds for a company to be sued other than in its home… more

The Oregon Corporate Gross Receipts May Be Dead – at Least for Now

For more than a year, I have been discussing the potential that Oregon lawmakers will pass a corporate gross receipts tax. On May 26, 2017, we discussed recent events that would lead a reasonable person to believe that the dream of a… more

All Work and No Pay: Ed DeLisle Testifies Before Congressional Small Business Committee

Cohen Seglias Co-Chair of the Federal Contracting Group, Edward DeLisle, testified at a Small Business Committee hearing titled, “All Work and No Pay: Change Orders Delayed for Small Construction Contractors.” The hearing examined the… more

Highlights of Better Care Reconciliation Act

U.S. Senate Republicans on June 22, 2017, unveiled a "discussion draft" of their healthcare plan, the Better Care Reconciliation Act. This memorandum provides highlights of key provisions. The Congressional Budget Office (CBO) will… more

Herzog Heirs Win Again in Appeals Court on Jurisdiction Over Hungarian Museums

A federal appeals court has upheld the growing consensus that the Foreign Sovereign Immunities Act (FSIA) confers jurisdiction over foreign state actors in possession of art allegedly looted by and/or overseen by the Nazis. Upholding… more

June 2017 FCC Meeting Recap: Commission Adopts “Blue Alerts” Notice of Proposed Rulemaking

At its June Open Meeting the Federal Communications Commission (FCC) unanimously adopted a Notice of Proposed Rulemaking (NPRM) to create a new “Blue Alert” code for the nation’s Emergency Alert System (EAS). This code is modeled on… more

Asking Enough But Not Too Much: Medical Certifications For Leaves Of Absence Under The FMLA And CFRA

The FMLA and CFRA both permit an employer to require an employee requesting a leave of absence to provide a medical certification, but these laws differ with respect to the information and employer can request about the reasons for an… more

Recent Closures Of Small To Midsize Galleries Represent A Widening Gap Between Small Galleries And Large Ones

In recent art news, the gap between small galleries and large galleries is widening at a steady pace as a number of small to midsize art galleries have closed their doors since 2012 to present and the numbers are remarkable. Small to… more

H-1B Premium Processing to Return on June 26 for Physicians Under the Conrad 30 Waiver Program

On Friday, June 23, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that premium processing for H-1B petitions — which the agency suspended for all such petitions beginning April 3, 2017 — will be brought back for a… more

CFPB Provides Updated Guidance Related to Loan Forgiveness Program

On Thursday, June 22, 2017, the Consumer Financial Protection Bureau (CFPB) provided updated guidance for supervisory examinations of student loan servicers. Richard Cordray, the Director of the CFPB, gave prepared remarks in… more

Florida Governor Signs Medical Marijuana Law

Last November, Florida voters overwhelmingly voted to amend the Florida Constitution to permit the use of medical marijuana. The constitutional amendment went into effect on January 3, 2017, and required regulations to be implemented… more

HUD Approves $20,500 Assistance Animal Fair Housing Settlement

Earlier this month, the U.S. Department of Housing and Urban Development (HUD) approved a settlement agreement concerning assistance animals and fees charged to residents. To resolve pending Fair Housing Act (FHA) disability… more

Supreme Court Decides California Public Employees' Retirement System v. ANZ Securities, Inc., No. 16-373

On June 26, 2017, the United States Supreme Court decided California Public Employees’ Retirement System v. ANZ Securities, Inc., No. 16-373, holding that the three-year statute of repose in the Securities Act of 1933 cannot be tolled… more

NCGA Launches The “Consider Corn Challenge”

On June 7, 2017, the National Corn Growers Association (NCGA), along with innovation facilitator NineSigma, announced the launch of a global competition to identify new and innovative uses for corn as a renewable feedstock for making… more

Capitol Hill Healthcare Update

Senate Republican leaders are expected to make a series of changes to the healthcare legislation released Thursday as they scramble to gain the support of at least 50 lawmakers in a showdown vote scheduled for later this week. GOP… more

Energy Hearings This Week

Senate Appropriations Subcommittee on Interior, Environment and Related Agencies hearing on the proposed budget estimates and justification for FY2018 for the Environmental Protection Agency. Date: Tuesday, June 27, 9:30 a.m… more

FEHC Proposes New Regulations on National Origin Discrimination

There has been a lot of animated discussion in the news recently about immigration status, national security policy, and country of origin as these issues relate to federal policy. Think “travel ban” and “extreme vetting” – both new… more

3 things your school should know about Missouri State Auditor’s emphasis of cybersecurity

Since being appointed in April of 2015, Missouri State Auditor Nicole Galloway has consistently made cybersecurity a priority for her office. Ms. Galloway has focused on cybersecurity throughout all components of Missouri government… more

The Better Care Reconciliation Act of 2017 vs. The American Health Care Act: Summary of Key Differences

On June 22, 2017, Senate Republicans released a discussion draft of their proposal to repeal and replace the Affordable Care Act (ACA), titled the “Better Care Reconciliation Act of 2017” (BCRA). Beyond the title change, there are… more

German Federal Cartel Office (Bundeskartellamt) Publishes Merger Remedies Guidance

The German Federal Cartel Office (Bundeskartellamt or "FCO") has published guidance on the requirements placed on remedies in merger control and their implementation. Remedies are an important instrument in merger control practice… more

Worldwide Revocation Mechanisms

Please see full Chart on Worldwide Revocation Mechanisms below for more information… more

Case Demonstrates Perils Of Refusing To Discuss Issues With Union

A significant change in NLRB precedent during the last few years was the added requirement that an employer bargain over discretionary aspects of discipline in the period between the union acquiring representational rights and the… more

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