Conflict of Laws

Read Administrative Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

News & Analysis as of May 24, 2013

Generic Drug Law Update -- November 2012: New Bill Seeks to Expand Manufacturers Post-Sale Pharmacovigilance Duties

by Sedgwick LLP on 11/14/2012

Democratic legislators in both houses of Congress introduced legislation that seeks to reverse the U.S. Supreme Court’s recent decision in PLIVA, Inc. v. Mensing, 131 S.Ct. 2567 (2011), which bars state law tort suits against...more

ABA seeks broad CFPB preemption ruling

by Ballard Spahr LLP on 10/29/2012

In August, the CFPB issued a notice seeking public comment on its plans to determine whether certain provisions of Maine and Tennessee laws relating to unclaimed gift cards are preempted by federal law on gift card expiration...more

Missouri District Court Holds State Funds Transfer Act Preempts Certain Customer Indemnity Agreements

by BuckleySandler LLP on 9/4/2012

On August 20, the U.S. District Court for the Western District of Missouri dismissed a bank’s counterclaims that its customer’s agreement to indemnify the bank for any losses, costs, or expenses covers the customer’s losses...more

CFPB to Determine Whether CARD Act Preempts State Unclaimed Property Laws

by Loeb & Loeb LLP on 9/4/2012

The Consumer Financial Protection Bureau (CFPB) recently announced its intention to consider and address requests made by the Maine Office of the State Treasurer and payment card industry representatives to determine whether...more

Summary of CFPB Notice of Intent for Gift Card Preemption Determinations

by Morrison & Foerster LLP on 8/27/2012

On August 21, 2012, the Consumer Financial Protection Bureau (“CFPB”) published a notice of intent to make a preemption determination on whether provisions of abandoned property laws in Maine and Tennessee relating to gift...more

Tenth Circuit Permits Trade Group Challenge to New Mexico Fair Credit Reporting Act

by BuckleySandler LLP on 5/14/2012

On May 7, the U.S. Court of Appeals for the Tenth Circuit published an opinion that a trade group has standing to sue the Attorney General of New Mexico over that state’s credit reporting and identify theft requirements....more

Chew on This: Consumer Fraud Claim on Snack Bars Preempted

by Dechert LLP on 10/31/2011

The Seventh Circuit ruled earlier this month that federal food labeling law expressly preempts state law claims seeking certain additional health-related disclosures on chewy bars. Turek v. General Mills Inc., No. 10-3267...more

Bureau of Consumer Financial Protection Narrows Federal Preemption of Mortgage Lending Laws

by Miller & Martin PLLC on 9/29/2011

Among the many changes made by the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) were changes to the Alternative Mortgage Transaction Parity Act (“AMTPA”). AMTPA, a federal law that has been in...more

UPWords- May 2011- Prepaid Discount Vouchers: The Not-So-Final Frontier

by Sutherland Asbill & Brennan LLP on 5/23/2011

The biggest challenge for unclaimed property practitioners is determining how new forms of property fit into unclaimed property laws. Recent technological and entrepreneurial innovations continue to challenge historic...more