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Aviation Newsletter January 2015

European Aviation Newsletter - January 2015 : two interesting decisions have recently been rendered at European level. The first one deals with consumers’ protection and the type of information that have to be displayed by a...more

Partner Development, Compensation and Soylent Green

Partner Development, Compensation and Soylent Green At the beginning of one’s career as a lawyer, you set upon a course of being a “good soldier”, doing what the system asks of you in the profession’s self described...more

“Plain” Advice to Retirement Plan Sponsors

I don’t know about you, most of the advice I got growing up was usually wrong. Maybe some very unsuccessful people surrounded me when I was younger, but advice can be biased and self-serving at times. The best advice I would...more

What Is Constructive Trust In Real Estate Litigation?

Constructive trust could be an effective tool when a real estate plaintiff wants to obtain title to a real property. Through constructive trust the court will compel the defendant to convey title to the plaintiff, the...more

A New Kind of Architecture: The President’s New Agenda on Cybersecurity

If you watched President Obama’s State of the Union Address on January 20, you know that passing comprehensive cybersecurity legislation will be a central focus during his final two years in office. The President actually...more

Standard & Poor’s Resolves Three SEC Actions, Makes Admissions

Standard & Poor’s Ratings Services was named as a Respondent in three settled administrative proceedings by the SEC. Each is tied to the Rating Services’ role in the conduit/fusion Commercial Mortgage Backed Securities market...more

Supreme Court Rules Trademark Tacking Is a Question for Juries

The tacking doctrine allows trademark owners to make slight modifications to their marks over time without an attendant loss of rights. Specifically, owners can claim priority in a mark based on the first use date of a...more

Electronic Signature (eSignature) Court Decision — a rare one

In an odd electronic signature (eSignature) context, on December 30, 2014 a California appellate court reversed a trial court’s upholding of a settlement agreement based on a typewritten name in an email string. See J.B.B....more

Can an Unsigned Minute Entry Create a Judgment Lien?

It appears that 2014 was a banner year for Arizona law on judgment liens. Indeed, we recently posted about the Lewis v. DeBord decision, which invalidates judgment liens vis-à-vis third-party purchasers if the judgment...more

Supreme Court Calls for Greater Deference to District Court Claim Construction

This week, in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court held that the Federal Circuit must apply a deferential “clear error” standard of review to any finding of fact underlying a district court’s...more

OIG Questions Incentives for Hospice Care in Assisted Living Facilities

Today the OIG issued a report examining the growing use of Medicare hospice care in the assisted living facility (ALF) setting. According to the OIG, Medicare payments for hospice care in ALFs grew by more than 119% from 2007...more

Energy & Environment Update - January 2015 #2

In This Issue: - Energy and Climate Debate - Congress - Administration - Department of Commerce - Department of Energy - Department of Treasury - Environmental Protection Agency -...more

Court Of Chancery Explains Hierarchy Of Corporate Legal Principles

This is a helpful reminder that the DGCL governs what may be in the certificate of incorporation and what may be in the bylaws. Giving one director extra tie-breaking voting rights must be in the certificate to be valid....more

Supreme Court Holds That “Tacking” Inquiry Is Generally a Jury Question

Yesterday, the Supreme Court issued its opinion in Hana Financial, Inc. v. Hana Bank, No. 13-1211. The issue presented was whether the judge or the jury should determine whether two trademarks may be “tacked” for purposes of...more

State of the GMO Union

Just how hot is GMO-labeling legislation? On Jan. 6, 2015, a Republican state senator introduced just such a bill - in Indiana, the nation’s breadbasket. Still, federal legislation on both sides of the issue has stalled, the...more

The Directed Trustee in the Post-Dudenhoeffer World

Overview - Court cases challenging the actions of Employee Retirement Income Security Act fiduciaries have continued unabated since the scandal of Enron in 2002. Since then, a large number of cases are in the ‘‘stock...more

River Road: A Cautionary Tale for Chapter 11 Financial Advisors

The United States Bankruptcy Court for the Northern District of Illinois recently handed down an opinion, In re River Road Hotel Partners LLC, 2014 WL 5488259 (Bankr. N.D. Ill. 2014), dealing with the issue of a financial...more

FTC Announces Revised Thresholds for Interlocking Directorates

The Federal Trade Commission has announced revised thresholds for interlocking directorates required under Section 8 of the Clayton Act (15 U.S.C. § 19(a)(5)). The revised thresholds took effect January 21, 2015....more

Did The State Of The Union Matter For Employers?

The short answer: not really. This year’s State of the Union Address, delivered by a lame-duck President to a hostile Congress, contained ideas that, if enacted, would surely affect American employers. But in the end, the...more

A New Tool for Holdout Bondholders: The Trust Indenture Act

Restructuring decision broadly interpreting bondholder protections under the Trust Indenture Act may significantly impact out-of-court restructurings. On December 30, 2014, the US District Court for the Southern...more

Indiana Supreme Court: ‘Value’ of Work Includes More than Money Paid

This week, the Indiana Supreme Court was faced with an issue of first impression: whether "value" in the Worker's Compensation Act meant only the money paid for the work or whether it included other consideration for the...more

Deciphering the Franchise Disclosure Document Part 2

If you are going to buy a franchise, federal law requires the franchisor to make certain information available to help you evaluate what you are getting into. This information is provided in a “franchise disclosure document”...more

Supreme Court’s Trademark Tacking Decision: Possible Impact on Likelihood of Confusion?

The Supreme Court’s decision that juries should decide whether consumers would consider two marks to be the same for the purpose of trademark tacking may help resolve a split in the circuits as to whether the likelihood of...more

UAS hearing yields details on systems research and development, but no timeline for small UAS rule

A House Committee on Science, Space and Technology hearing on January 21 featured wide-ranging discussions of developing unmanned aircraft systems (“UAS,” sometimes called “unmanned aerial vehicles,” or “drones”), but no...more

Legal and Ethical Framework for New Public Officials

As the new year begins, many around California are embarking on a new endeavor: Serving for the first time on a city council, school board or other public agency board or commission. Those newly elected this past November are...more

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