Visiting NYC? Prepare to be Frisked by Lawyers.com on 5/23/2012 If you’re planning to visit New York in the near future, be prepared to be patted down by a cop for no reason whatsoever. That’s the message being sent to the general public by the Bloomberg administration in the form of...more
Why POM Wonderful Can Celebrate FTC Judge’s Ruling in Advertising Case by Ifrah Law - Strategic Defense in Federal... on 5/23/2012 Pomegranate juice maker POM Wonderful has declared victory against the FTC . . . in spite of an administrative law judge’s ruling that upholds many claims in the agency’s complaint. But the California company has good reason...more
In re Baxter International, Inc. (Fed. Cir. 2012) by McDonnell Boehnen Hulbert & Berghoff LLP on 5/18/2012 In a dissent from the Federal Circuit's affirmance of a Board determination of obviousness, Judge Newman raises a jurisdictional and separation-of-powers argument in In re Baxter International, Inc. that is destined to be...more
Supreme Court Fails To Bite At Bulldog And Oxfam America Sues The SEC by Allen Matkins Leck Gamble Mallory & Natsis... on 5/18/2012 Supreme Court says “no” to Bulldog In March, I wrote that the Bulldog group of funds had asked the United States Supreme Court to determine the constitutionality of Massachusetts’ ban on general solicitations in...more
EPIC Supports Geolocation Privacy Act, Suggests Improvement by Electronic Privacy Information Center on 5/17/2012 In a Statement for the Record, EPIC has expressed support for H.R. 2168, the "Geolocational Privacy and Surveillance Act," which prohibits the interception of location information by private parties and government agents...more
School District’s Internet Filtering Software Violated First Amendment by Franczek Radelet P.C. on 5/17/2012 In a recent decision, Parents, Families and Friends of Lesbians and Gays, Inc. v. Camdenton School District, a federal district court in the Western District of Missouri held that a school district violated the First...more
CFPB joins DOJ brief defending constitutionality of FCRA by Ballard Spahr LLP on 5/15/2012 The CFPB’s participation in a memorandum brief filed by the Department of Justice in support of the constitutionality of a provision of the Fair Credit Reporting Act is the most recent example of the CFPB’s activist approach....more
Mississippi Tort Cap Overturned — For Now by Lawyers.com on 5/14/2012 The mother of a boy who died of smoke inhalation in an apartment building lacking adequate fire detection may be able to collect $6 million from the complex’s owners, despite Mississippi lawsuit caps, following to a recent...more
Facebook “Likes” Are Not Protected Speech Under the First Amendment by Cullen and Dykman LLP on 5/14/2012 Six Virginia Sheriff’s office employees sued the Sheriff of Hampton, B.J. Roberts, both individually and in his official capacity, after they were fired from their jobs in 2009. Roberts was running for re-election during...more
FTC, CFPB, DOJ File Brief in Suit Challenging FCRA Constitutionality by BuckleySandler LLP on 5/14/2012 On May 8, the FTC announced that it had joined the CFPB and the DOJ to file a brief supporting the constitutionality of the Fair Credit Reporting Act (FCRA). The brief was filed in a lawsuit in the U.S. District Court for the...more
A Citizen of a State, under Article IV, Section 2, Clause 1 of the Constitution, can get a Passport by Dan Goodman on 5/11/2012 Discover that before the Fourteenth Amendment, a citizen of a State was recognized under international law with the nationality of a citizen of the United States. A citizen of the United States was also a citizen of the...more
The California Constitution, The FACA And The SEC’s New Investor Advisory Committee by Allen Matkins Leck Gamble Mallory & Natsis... on 5/11/2012 Last month the Securities and Exchange Commission announced the formation of a new Investment Advisory Committee. Section 911 of the Dodd-Frank Act created the committee to advise the SEC on: -regulatory...more
Of Bakeries and HealthCare: The Supreme Court and ObamaCare by Sheehan Phinney Bass + Green PA on 5/11/2012 On March 26th, 27th and 28th, 2012, the Supreme Court heard oral arguments on President Obama's signature health care legislation. The main thrust of the opponents of the law was that the "individual mandate" is...more
Illinois "Amazon" Law Ruled Unconstitutional by Loeb & Loeb LLP on 5/10/2012 An Illinois circuit court in Performance Marketing Association, Inc. v. Hamer ruled that the Illinois "click-through" nexus statute (otherwise known as the Illinois "Amazon" law) violates the Commerce Clause of the United...more
EEOC Sues Florida Firefighters Union Over Allegedly Discriminatory Test by Barger & Wolen on 5/9/2012 The U.S. Equal Employment Opportunity Commission (“EEOC”) has sued the City of Jacksonville, Florida’s firefighters union for basing promotions on a written test that few black candidates have passed. The suit raises the...more