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Food and Beverage Alert (US)

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Supporting healthy food options for students. On April 3, Senators Heidi...more

ICANN’t: U.S. to Transition Oversight of ICANN

The U.S. Commerce Department recently announced its plan to transition oversight of the non-profit Internet Corporation for Assigned Names and Numbers (ICANN), which manages Internet domain names and addresses, to a...more

Sweet(ener) Confusion: Court Divide Over Role of Primary Jurisdiction Doctrine in “Evaporated Cane Juice” Cases Grows

In Swearingen v. Santa Cruz Natural, Inc., No. C 13-04291 (N.D. Cal. April 2, 2014), Judge Illston of the U.S. District Court for the Northern District of California granted defendant’s motion to dismiss based on the primary...more

FDA, ONC and FCC Report Outlines Proposed Health Information Technology Regulatory Strategy and Recommendations

On April 3, 2014, the U.S. Food and Drug Administration, in conjunction with the Office of the National Coordinator for Health Information Technology and the Federal Communications Commission, issued a draft report that...more

FDA, ONC, and FCC Issue Report on the Regulation and Oversight of Health IT Technologies

On April 3, 2014, the Food and Drug Administration (“FDA”) released its long-awaited report on a proposed framework for the regulation and oversight of health information technology (“health IT”). The report, developed in...more

MoFo New York Tax Insights - Volume 5, Issue 4 - April 2014

In This Issue: City ALJ Holds First Amendment Requires Exercise of Discretionary Authority for Sourcing Receipts from Providing Credit Ratings; Tribunal Affirms Partial Day Count for Statutory Residency Purposes; ALJ...more

MoFo New York Tax Insights - Volume 5, Issue 4 - April 2014

In This Issue: City ALJ Holds First Amendment Requires Exercise of Discretionary Authority for Sourcing Receipts from Providing Credit Ratings; Tribunal Affirms Partial Day Count for Statutory Residency Purposes; ALJ...more

(Yet another) LCN consultation!

Another chapter to the LCN saga in Italy. As you recall from our previous posts and videos, the LCN, the logical channel numbering for Digital Terrestrial Broadcasting, remains a very controversial topic in Italy. This...more

Antisocial Media - Union Not Liable For Threatening Facebook Posts

Imagine if you will, that a company-sponsored website allows employees to post comments. During the course of a union strike, an employee who chooses to cross the picket line posts a comment threatening to kill union members...more

Court of Appeal Says Communications on Personal Communicating Devices are Exempt from Disclosure under Public Records Act

Reversing a Superior Court ruling that had caused quite a splash a few months ago, in City of San Jose v. Superior Court (H039498, March 27, 2014), the Sixth District of the Court of Appeal has held that communications to and...more

City Officials Dodge Disclosure of Private Emails and Texts Under Public Records Act

In a case that seems sure to jump-start legislative activity in Sacramento and throughout the state, the court in City of San Jose v. Superior Court (6th App. Dist., Mar. 27, 2014), held that communications regarding City...more

Communications From Officials' Private Cell Phones and E-Mail Not Subject to Public Records Act

Public Agencies are Free to Adopt Their Own Policies Regarding Access to Private Communications on Public Issues - A California Court of Appeal ruled yesterday that public agencies are not required to disclose...more

Supreme Court Denies Petition for Certiorari of Eighth Circuit Decision Holding that Defendant Cannot Collaterally Attack FCC TCPA...

As previously reported, the federal courts have been confronting many issues involving The Administrative Orders Review Act (“Hobbs Act”), 28 U.S.C. § 2342, in TCPA litigation, particularly in cases where defendants have...more

FDA to Revisit “Evaporated Cane Juice” Draft Guidance

Earlier this month, the FDA announced that it would reopen the comment period on its draft guidance for the industry concerning use of the term “evaporated cane juice” (ECJ). Draft Guidance for Industry on Ingredients...more

Food and Beverage News and Trends

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Citizen petition filed for hummus standard of identity. A citizen’s...more

Court Upholds City's Ability to Regulate an Advertising Sign After Finding the City's Decision was Supported by Substantial...

After over 35 years of advertising its business with a 35 foot pole sign, the Court of Appeal agreed with the City of West Sacramento that the time had come for U-Haul to reduce the sign's height to 12 feet in compliance with...more

Decision Yesterday Deals Blow to FAA Prohibition on the Use of Commercial Drones

In a setback to the FAA's ban on the unlicensed use of commercial drones, a federal administrative law judge has ruled that the FAA could not fine a Virginia man who used a model aircraft to take photographs and film for...more

Reminder: Accessibility Record Keeping Certification Required by April 1, 2014

Entities providing traditional telecommunications services, interconnected VoIP, advanced communications services (ACS) (which includes non-interconnected VoIP, electronic messaging services, interoperable video...more

FDA Updates Reprint Guidance, Reiterates Narrowness of Off-Label Safe-Harbor

FDA updates its recommendations for distribution of reprints, making requirements more specific and addressing additional types of materials typically distributed....more

Net Neutrality Revisited in the Wake of the Court of Appeals' Decision in Verizon v. FCC

On January 14, 2014, the latest chapter of the net neutrality controversy closed when the U.S. Court of Appeals for the District of Columbia decided that the Federal Communications Commission (FCC) was statutorily authorized...more

Prize Promotions Across the World (Global)

Prize promotions are an effective and increasingly popular marketing tool used globally for attracting customers. The internet and various social media platforms make this an attractive, cost efficient means of reaching a...more

Another Motion to Amend Denied in IPR Final Written Decision

While Patent Owners have finally succeeded in having claims survive an inter partes review proceeding, no Patent Owner has yet to find the magic formula that successfully navigates a motion to amend. In a Final Written...more

How Will Arlington v. F.C.C. Affect the Future Development of Telecommunications Law? (Or Will It Have Any Effect?)

On May 20 of last year, the Supreme Court issued its decision in Arlington v. F.C.C (2013). The decision settled — in favor of administrative agencies — a long-standing administrative law question: whether the Chevron...more

FDA’s Final Guidance Distinguishes Liquid Dietary Supplements from Beverages

Two new FDA guidance documents can assist both conventional beverage and liquid dietary supplement manufacturers to avoid costly mischaracterization and enforcement action. The US Food and Drug Administration (FDA or...more

FDA Refusal to Define "Natural" Leaves Food Manufacturers at Risk for More and Costlier Class Action Litigation and Looking for...

The U.S. Food and Drug Administration this month declined to weigh in on the issue of whether food products containing genetically modified ingredients can be labeled as "natural," refusing the request of three federal judges...more

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