Constitutional Law Updates

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Book Review: The World According to Star Wars

It was right after our selfie with Minion Captain America that we saw it. We were marching up and down the aisles, dodging empire storm troopers. Bright lights and backbone-rattling sounds shot out of the Nickelodeon and Star...more

Department of Justice Sues Bensalem Township, PA Over Mosque Denial

On July 21, the United States Department of Justice sued Bensalem Township, Pennsylvania, in federal court alleging violations of each of RLUIPA’s provisions following the Township’s 2014 denial of a variance application...more

Federal District Court Dismisses Data Breach Class Action Complaint Against Scottrade

On July 12, 2016, the United States District Court for the Eastern District of Missouri granted Scottrade’s motion to dismiss a putative class action complaint that was predicated on the alleged theft of personal information...more

A Setback to Businesses: Courts in the Eleventh Circuit in a Post-Spokeo World

When the Supreme Court issued its ruling in Spokeo, Inc. v. Robins, 136 S. Ct. 1540, 194 L. Ed. 2d 635 (2016), earlier this year, it was received by compliance professionals with mixed reactions. Many were thrilled with the...more

FERC as Prosecutor, Judge and Jury?

May the Federal Energy Regulatory Commission (FERC) initiate an enforcement investigation against a company for manipulating natural gas markets, order the company to show cause why it shouldn’t be fined and then decide the...more

Supreme Court Declines to Review Constitutionality of SEC In-House Court

The SEC’s increased use of its own "home court" for enforcement proceedings has triggered constitutional challenges to SEC administrative proceedings (APs). See "Defendants Challenge SEC’s Increased Use of Administrative...more

2(c) or Not to See Political TM Speech?

That is the question, at least for the day. It’s also a question we hope the U.S. Supreme Court will address. In particular, does a careful focus on the USPTO’s routine application of Section 2(c) of the Lanham Act,...more

Scottrade data breach class action case dismissed for lack of standing

We previously reported that Scottrade was hit with a class action case within 24 hours of notifying customers of a data breach. According to the Complaint, the data compromised included the names, addresses, telephone...more

California’s Precondemnation Right of Entry Statutes Upheld — With a Slight Judicial Tweak

For the last two-plus years, we have been waiting for guidance from the California Supreme Court on whether public agencies could utilize the statutory “right of entry” procedure to gain access to private property to conduct...more

Tennessee Takes Out-of-State Sales Tax into Its Own Hands

Are you an out-of-state retailer doing business in Tennessee? If so, take note. The Tennessee Department of Revenue is proposing a new rule mandating certain out-of-state dealers to collect and remit sales and uses taxes to...more

Medina v. Dash Films Inc. - USDC, S.D. New York, July 14, 2016

District court dismisses trademark infringement action against Kanye West and others, finding that defendants’ film series title “Loisaidas” is protected by First Amendment because it has artistic relevance, title is not...more

Government Raids in Korea: What You Should Do When Faced with One

An on-site raid for evidence is a common tool for Korea’s enforcement authorities – particularly when the public prosecutor’s offices are taking the lead in high profile cases. This may surprise practitioners with US...more

A One-Two Punch Case With An Off-Label Twist

When we were young(er), we had a pretty good memory. It is not bad now, as far as we recall, particularly when it comes to pulling up bits of esoteric nonsense. For more important stuff, we find qualifiers like “vague” and...more

Managing Politics and Social Issues at Work

This is a time of intense politics and troubling news. The headlines – and the strong feelings they generate – inevitably affect the workplace. Managers and HR professionals often end up moderating political arguments and...more

Sikh Temple files suit after Oyster Bay, NY ordered it to stop work and then required SEQRA review

Guru Gobind Singh Sikh Center, Inc. (the “Temple”), on June 29, 2016 in the Eastern District of New York, sued the Town of Oyster Bay, New York, the Town Board, and several Town Officials (together, the “Defendants”) after...more

Supreme Court’s Spokeo Decision Leaves Questions Unresolved

On May 16, the Supreme Court issued its Spokeo v. Robins decision. Spokeo was a closely-watched case, as it had the potential to substantially limit federal court jurisdiction in cases where plaintiffs sued for violations of...more

DC Circuit Ruling Threatens to Topple FERC Tax Allowance Policy

Court rules that FERC policy permitting a tax allowance for pass-through entities may unjustifiably permit “double-recovery” of tax expense. On July 1, the US Court of Appeals for the District of Columbia Circuit issued...more

Financial Services Weekly News - July 2016 #3

Regulatory Developments - SEC Proposes Amendments to Update and Simplify Disclosure Requirements as Part of Overall Disclosure Effectiveness Review - On July 13, the Securities and Exchange Commission (SEC) proposed...more

Real Property & Title Insurance Update: Week Ending July 15, 2016

REAL PROPERTY UPDATE - Foreclosure/Unclean Hands: defense of unclean hands insufficient where borrower alleges bank’s loan officer inflated borrower’s income and assets to qualify for loan where borrower signed off on...more

Indian Supreme Court Upholds Criminal Defamation and an Individual “Right to Reputation”

On May 13, 2016, the Indian Supreme Court issued a landmark verdict rejecting a series of petitions that challenged the criminal defamation provisions of the Indian Penal Code (IPC) on the basis that they violate free speech...more

Michigan Township Prevails on Federal Religious Discrimination Claims

A federal court in Michigan has ruled that Genoa Charter Township did not violate federal law in denying a church’s application for a special use permit to operate a religious school. Livingston Christian Schools (LSC)...more

D.C. Circuit Holds Informational Standing Nonexistent Prior to 12-Month Finding

In a recent decision, the U.S. Court of Appeals for the District of Columbia affirmed the dismissal of an environmental organization’s Endangered Species Act (ESA) claim, concluding that the organization lacked standing...more

Politics in the Workplace: What Must Employers Allow?

Everyone has experienced both "workplace politics," in which Type A employees claw their way to the top at the expense of co-workers, and "politics in the workplace," in which employees discuss candidates for office and...more

Second Circuit: Stored Communications Act Warrants Cannot Reach Overseas Data

On July 14, 2016, the Second Circuit Court of Appeals determined that a warrant issued under the Stored Communications Act (SCA) is subject to the same territorial restrictions as a traditional warrant: the government’s reach...more

Ninth Circuit Upholds Cities' Regulation of Mobile Billboards

Municipal ordinances prohibiting mobile billboard advertising were recently upheld by a federal appeals court. The U.S. Ninth Circuit Court of Appeals found that the ordinances withstood First Amendment scrutiny as...more

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