Amy L. Pierce

Amy L. Pierce

Pillsbury Winthrop Shaw Pittman LLP

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Cal CSLB Registrar of Contractors and Chief Deputy Registrar Announce Pending Retirement

On November 29, the California Contractors State License Board (CSLB) issued an Industry Bulletin via email announcing that Cindi A. Christenson, the CSLB’s current Registrar of Contractors, will be retiring effective May 1,...more

12/1/2016 - Construction Industry Contractor's State License Board Contractors

Unclaimed Accounts Payable or Payroll?

A very interesting unclaimed property memorandum opinion was recently issued by the U.S. District Court for the District of Delaware in Temple-Inland, Inc. v. Cook, et al. After the State of Delaware conducted an audit going...more

6/30/2016 - Due Process Ex Post Facto Clause Takings Unclaimed Property

Design-Build Contractors Get Ready to Go Back to School

For bid requests issued on or after July 1, 2016, California school districts, with approval of their governing board, Schoolmay procure design-build contracts for projects in excess of $1M, awarding the contract to either...more

5/27/2016 - Construction Contracts Construction Industry Contractors Design-Build

Ready, Set: Time to Add Ready-Mixed Concrete to “Public Works” Definition

Public works contracts awarded on or after July 1, 2016 will be subject to the more expansive definition of public works added by California Assembly Bill 219 (Daly). For purposes of Article 2 of California’s Labor Code,...more

5/26/2016 - Labor Code Public Works Recordkeeping Requirements Wage and Hour

Arbitration Provisions Mauled by Consumer Watchdog

Companies offering payment services or financial products to consumers are facing a proposed rule from the CFPB that would prohibit class action waivers in binding pre-dispute arbitration agreements. Although the information...more

5/21/2016 - Arbitration Agreements CFPB Class Action Arbitration Waivers Comment Period Consumer Financial Products Dodd-Frank Pre-Dispute Arbitration Proposed Regulation UDAAP

How to Lose Your Contractor’s License in 90 Days (or Less)

Did you know that California’s Contractors’ State License Law, Bus. & Prof. Code §§ 7000 et seq., requires licensees to report various information to the Contractors State License Board (CSLB) “within 90 days” of the...more

5/13/2016 - Construction Industry Contractors General Contractors Licenses Subcontractors

In NY, What is a “Elevation-Related Hazard?”

Roughly two weeks before annual National Stand-Down Week (May 2-6), New York’s Appellate Division, RebarGridSecond Department, in Vitale v. Astoria Energy II, LLC, affirmed a trial court’s dismissal of a worker’s personal...more

5/5/2016 - Construction Industry Construction Project Employer Liability Issues Labor Code Workplace Hazards Workplace Injury Workplace Safety

It’s Time for a Toolbox Talk

Join in the National Safety Stand-Down May 2-6, 2016.  The purpose of the stand-down is to raise awareness about preventing fall hazards in the construction industry. Fatalities caused by falls from elevation continue to be a...more

5/3/2016 - Construction Accidents Construction Industry OSHA Workplace Hazards Workplace Injury Workplace Safety

Attention Home Improvement Contractors: CA Bill Singles Out Solar Contractors

California Assembly Bill 2699 (Gonzalez) is a bill to watch if you are a home improvement contractor that solarinstalls solar energy systems or, for that matter, a contractor in California. AB 2699 would, among other things,...more

4/29/2016 - Construction Industry Construction Project Contractors Disclosure Requirements Energy Projects Energy Sector Proposed Legislation Renewable Energy Solar Energy

Something in the Water: Flint Judge Disqualifies Himself and Staff as Theoretical Plaintiffs

In late April, U.S. District Court Judge Mark A. Goldsmith, in Concerned Pastors for Social Action, et al. v. Nick A. Kouri, et al., FlintRiverissued an interesting Order Regarding Disqualification. During an April 6, 2016...more

4/27/2016 - Class Action Contamination Disqualification Identifiable Class Members Impartiality Judges Water

The Robocalls and Class Actions Continue as FCC’s Omnibus TCPA Ruling Fails to Slow Surge of Lawsuits

In the face of ongoing uncertainty regarding permissible uses of modern telephone equipment under the TCPA, lawsuits and important precedents continue to pile up. The Telephone Consumer Protection Act of 1991 (TCPA),...more

2/29/2016 - Auto-Dialed Calls Class Action Corporate Counsel FCC Mobile Devices Popular TCPA

Your Employees’ Bad Behavior on Social Media Can Have Workplace Consequences

Notwithstanding that the people involved are often surprised at their public exposure, it has become somewhat commonplace for individuals to be either caught on video by a smartphone or to have a social media website posting...more

10/22/2015 - Employment Policies NLRA Popular Privacy Policy Right to Privacy Social Media Social Networks

FCC Expands Reach of Telephone Consumer Protection Act

In late July, we posted our client alert titled FCC Expands Reach of Telephone Consumer Protection Act. The Alert discusses the FCC’s July 10, 2015 long-awaited omnibus Declaratory Ruling and Order....more

8/10/2015 - ATDS Compliance FCC Prior Express Consent Robocalling TCPA Text Messages

Starting September 1st, Texas Will Require Cash Redemption of Certain Stored Value Cards

Commencing on September 1, 2015, Texas will join several other states in requiring that certain stored value cards be redeemable for cash. Texas House Bill 2391, which becomes effective September 1, 2015, requires cash...more

7/23/2015 - Consumer Financial Products Financial Institutions New Legislation Prepaid Payment Products Retailers Rewards Programs

Texas Renews Efforts to Require Cash Redemption of Certain Stored Value Cards

Texas renews effort to require that certain stored value cards be redeemable for cash if the balance on the card is less than $2.50. In early March, Texas House Bill 2391 was introduced. It would require a cash refund...more

4/28/2015 - Gift-Cards Pending Legislation Refunds

FTC Issues New Guidance for Mobile App Developers that Collect Location Data

A mobile app that collects users’ location data while the mobile app is not in use should clearly disclose such practices and provide users with choices. Failure to do so could give rise to an FTC claim of deceptive...more

2/27/2015 - FTC Location Privacy Mobile Apps New Guidance

Colorado Bill Targets Internet Sweepstakes Cafés and Similar Establishments

Colorado House Bill 1047 would make internet sweepstakes cafés illegal under Colorado law. The law declares that internet sweepstakes cafés and similar establishments in which simulated gambling devices are used to award...more

2/23/2015 - Gambling Gaming Internet Online Gaming Sweepstakes

Stay Tuned: Pennsylvania Bill Would Require Cash Refunds on Certain Gift Cards/Certificates

Pennsylvania may be joining the several states that require that certain gift cards and gift certificates be redeemable for cash. Senate Bill 150 would require that a gift card or gift certificate be redeemable for cash when...more

2/3/2015 - Cash Value Gift-Cards Prepaid Payment Products Unfair or Deceptive Trade Practices

NH House Introduces Bill to Exempt Certain Users of VC From The Money Transmitter Licensing Requirements

On January 8, 2015, New Hampshire House Bill 356 was introduced, proposing to exempt persons using private virtual currencies for internet commerce from the licensing requirements for money transmitters. H.B. 356 would define...more

2/2/2015 - E-Commerce Licensing Rules Money Transmitter Pending Legislation Virtual Currency

Stop Calling Me: Can Consumers Waive The Right to Revoke Consent under the TCPA

The Telephone Consumer Protection Act permits companies to make telephone solicitations using autodialers and pre-recorded messages once they have a consumer’s consent to do so. Many authorities have suggested that such...more

1/16/2015 - Prior Express Consent Revocation Robocalling TCPA Waivers

Stop Calling Me: Can Consumers Waive The Right to Revoke Consent under the TCPA?

The Telephone Consumer Protection Act permits companies to make telephone solicitations using autodialers and pre-recorded messages once they have a consumer’s consent to do so. Many authorities have suggested that such...more

1/15/2015 - Prior Express Consent Revocation Robocalling TCPA Waivers

New Canadian Anti-Spam Rules to Take Effect July 1, 2014

Businesses that use “commercial electronic messages” to market to customers and prospective customers in Canada should be aware of Canada’s new anti-spam rules, which require, among other things, the sender to obtain consent...more

5/14/2014 - Advertising Anti-Spam Legislation Canada CASL Consent Email Marketing Text Messages

Stay Tuned: Connecticut Bill Would Require Cash Refunds of Gift Card Balances

Connecticut may join a number of states that currently require merchants to provide the remaining balances on gift cards to consumers in cash upon request....more

3/17/2014 - Gift-Cards Refunds

Ever Lost -- or Worse Yet, Had Stolen -- a Smart Phone, Laptop, Tablet, Etc.?

Many of us have been focused on cyber-security, especially in the wake of the recent data breaches over the holidays, among other things. Two Maryland Law Enforcement Officers are leveraging the power of social media and the...more

2/27/2014 - Cybersecurity Data Breach Data Protection Mobile Devices Theft

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