General Business Constitutional Law

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Judge Orders Status Report in Conflict Minerals Case

The conflict minerals case was remanded to the United Stated District Court for the District of Columbia for further proceedings. Judge Jackson has ordered the parties to file a joint status report, on or before March 10,...more

Real Property & Title Insurance Update: Week Ending February 10, 2017

REAL PROPERTY UPDATE - Foreclosure: where foreclosing bank, who purchased debt from original mortgagee, failed to establish standing to enforce lost note “through evidence of a valid assignment, proof of purchase of the...more

Real Property & Title Insurance Update: Week Ending February 3, 2017

REAL PROPERTY UPDATE: Foreclosure/Sufficiency of Notice: although lender’s notice of default did not expressly state that property could be sold in foreclosure, it substantially complied with notice provision (paragraph...more

Victory for Large Home Builders: South Carolina Federal Court Rejects Class Arbitration

On February 1, 2017, a federal district court in South Carolina ruled that a standard arbitration agreement between a national homebuilder and purchaser does not permit the purchaser to pursue class arbitration. This appears...more

Third Circuit Finds FCRA Violation Alone Confers Standing for Data Breach Suit

The United States Court of Appeals for the Third Circuit recently ruled that a data breach class action may proceed on the basis of a Fair Credit Reporting Act (FCRA) violation alone, even where the putative class members do...more

Inaccurate TILA Disclosures Not Enough to Create Standing

A district court from New York recently ruled that even assuming a creditor’s initial TILA disclosures fell short under the statutory requirements, the plaintiff must show an injury in fact in order to have standing under...more

Real Property & Title Insurance Update: Week Ending January 27, 2017

REAL PROPERTY UPDATE - Foreclosure/Lis Pendens: a proper reading of Florida Statute section 48.23(1)(d) is that “when a foreclosure action is prosecuted to a judicial sale, that sale discharges all liens, whether...more

Court Of Appeal Voids Jury Trial Waiver Notwithstanding New York Choice of Law

A New York state of mind, but California dreaming - A sophisticated lender and borrower negotiate a loan agreement in New York, the lender disburses the loan proceeds in New York, and both parties agree that New York law...more

Illinois Appellate Court Limits Warrantless Searches of Liquor Licensees

The Illinois Appellate Court has found unconstitutional a provision of the Illinois Liquor Control Act (Liquor Act) that authorizes unlimited inspection of liquor retailers' premises by local officials. The court ruled that...more

PTAB Denies IPR Petition Against the State of Florida Due to 11th Amendment Sovereign Immunity

In Covidien LP v. University of Florida Research Foundation Incorporated, IPR2016-01274, -01275, -01276 (January 2017), the Patent Trial and Appeal Board held that Eleventh Amendment sovereign immunity applies to inter partes...more

Italian Constitutional Court Backs Feed-in Tariff Cuts – What's Next?

On 24 January 2017, the Italian Constitutional Court published decision no. 16/2017 confirming the constitutional legitimacy of the so-called spalma incentivi law, which reduced the feed-in tariffs for photovoltaic plants...more

Business Litigation Report - January 2017

China's 2016 Cybersecurity Law Will Change the Way Multinational Companies Do Business in China - China adopted its controversial Cybersecurity Law on November 7, 2016. The law, which will take effect on June 1, 2017,...more

Massachusetts Governor Charlie Baker May Propose Unconstitutional Sales Tax Collection Responsibility on Remote Sellers

BOSTON – January 27, 2017. In an attempt to balance his $40.5 billion budget, Governor Charlie Baker may propose that remote sellers be required to collect Massachusetts sales taxes on sales of tangible personal property made...more

Illinois Supreme Court Holds City of Chicago Went Too Far in Taxing Cars Rented Outside Its Borders

The Illinois Supreme Court, in Hertz Corp v. City of Chicago, 2017 IL 119945 (Jan. 20, 2017) , held that the City of Chicago’s ruling requiring rental car companies located within three miles of the City to collect tax on...more

The (Sometimes Unethical) Reality of Competition and Your Ammo to Combat a Rival's False Advertising

Competition in the free-market economy is cutthroat and businesses seek to gain a slight edge over their competitors however they can. In an effort to gain such an advantage, these businesses may spread falsehoods about the...more

Finding Ways to Sue

An employee who is terminated from employment does not have a legal right to sue the employer simply because he believes that the termination was “unfair.” While union contracts typically contain a provision that discipline,...more

Operating Agreement Trumps Falsified Liquor License Application In Dispute Over LLC Membership

Oh, the things that can happen when the LLC members identified in the company’s operating agreement differ from those identified in official documents submitted to government agencies....more

The Tenth Circuit Rules SEC Administrative Judges Are Unconstitutional, Setting Up Potential Supreme Court Review

The constitutionality of the SEC’s in-house administrative proceedings is in doubt following the 10th Circuit Court of Appeals’ ruling in Bandimere v. SEC. In Bandimere, a three-judge panel held, by a 2-1 decision, that SEC...more

Not So Fast: The Tenth Circuit Creates a Split by Denying the Constitutionality of the SEC’s Administrative Law Judges

Just before the clock struck 2017, the United States Court of Appeals for the Tenth Circuit weighed in on the constitutionality of the United States Securities and Exchange Commission’s (“SEC” or “Commission”) administrative...more

Oil Pipeline Rate Regulation under Review by FERC – Is There a Place for the Consumer Voice?

Oil pipeline rates must be just and reasonable and may be challenged by their customer shippers and the Federal Energy Regulatory Commission (FERC) under the Interstate Commerce Act (ICA). FERC has observed through monitoring...more

Trading and Markets Enforcement Report - January 2017

January 2017 - The last several years have seen law enforcement and regulatory bodies sharpen their focus on trading activity in the securities and derivatives markets. This focus has coincided with the advent of new and...more

Circuits Split - Tenth Holds SEC ALJs Unconstitutional

The Tenth Circuit recently held that the SEC’s in-house judges are “inferior officers” hired in violation of Article II’s Appointment Clauses, creating a split with the D.C. Circuit over the issue. The Tenth Circuit held...more

10th Circuit Finds SEC Administrative Proceedings are Unconstitutional

The Appointments Clause of the US Constitution requires that “inferior officers” be appointed by the President, department heads or courts of law. SEC administrative law judges, or ALJs, are not appointed by the SEC – they...more

Labor and Employment Group News: Independent Contractor or “Employee, Inc.”?

It is usually the case that when you contract for services with another company you have engaged it as an "independent contractor." And, as a result, its employees cannot claim that you owe them overtime pay....more

Insight: UK Employment Law Round-up – December 2016

Welcome to the December edition of our employment law round-up. In this edition, we couldn't fail to give you an update on the most important piece of constitutional litigation of our time, which has been heard by the Supreme...more

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