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BREAKING NEWS: Sales Tax Battle Breaks Out in South Dakota; Quill’s Last Stand?

On March 22, 2016, South Dakota Governor Dennis Daugaard signed into law Senate Bill 106, which requires any person making more than $100,000 of South Dakota sales or more than 200 separate South Dakota sales transactions to...more

Principles of Equity: Denying Inventors their Constitutionally Promised Exclusivity

Article I, Section 8, Clause 8 of the United States Constitution, empowers the United States Congress: - ..To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the...more

UCC Standing Blocked in Recent Sabine Decision

What showing must creditors make to be granted the right to prosecute claims on behalf of the bankruptcy estate? Under the widely recognized standard established by the Second Circuit in In re STN Enterprises, a bankruptcy...more

Economic Nexus Extended Too Far – Hodgson Russ LLP v. Minnesota Department of Revenue

During the spring of 2014, Hodgson Russ LLP (“Hodgson”) received a letter from the Minnesota Department of Revenue (“Minnesota Revenue”) that attempted to establish a new low in the states’ “race to the bottom” to establish...more

Delaware Supreme Court: No General Jurisdiction Over Non-Delaware Businesses Simply by Virtue of Registering to Do Business in...

Merely registering to do business in Delaware does not subject a non-Delaware company to the general jurisdiction of Delaware courts. In Genuine Parts Company v. Cepec, Delaware Supreme Court Chief Justice Leo E....more

Workers' Comp Plaintiff Attorneys Might Be Getting a Bigger Payday in Florida

On April 20, 2016, the 1st District Court of Appeals fired the most significant shot in years at controversial attorney fee restrictions in Florida. In 2003, the Florida State Workers' Compensation Statute placed strict...more

7th Circuit Revives P.F. Chang’s Data Breach Class Action Suit

Last week, the Seventh Circuit revived a data breach class action against P.F. Chang’s restaurant in an important opinion that continues a plaintiff-friendly trend that began with the court’s opinion in the Neiman Marcus case...more

Waive Goodbye to Juries

The right to a trial by jury is considered a fundamental right in Connecticut. However, our Supreme Court has held that this right is subject to certain limitations. Indeed, the right to a jury may be specifically waived by...more

Federal Preemption of State and Local Laws Governing Children's Products

In January 2015, Albany County became the first of several municipalities in New York to enact a version of the “Toxic Free Toys Act” ("the Act") prohibiting any amount of six heavy metals and benzene in children’s products...more

Testing The 5th: Compelled Testimony From Foreign Regulators

The circumstances of the prosecution of Anthony Allen and Anthony Conti exemplify how cross-border cooperation and parallel investigations can give rise to novel issues in a subsequent criminal trial. Allen and Conti were...more

Increased Regulations Spawn New Trade Associations

The 1st Amendment of the Constitution provides for the right of the people to peaceably assemble. Embedded in that right is the freedom of association; the right or ability of people to come together and collectively express,...more

AG Explains Why the Conflict Minerals Decision Was Not Appealed to the Supreme Court

Loretta Lynch, United States Attorney General, explained in a letter to Paul Ryan, Speaker of the House, why the United States did not submit a writ of certiorari with respect to the conflict minerals decision: - The...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19376 - MERSCORP Holdings, Inc. v. Malloy - Electronic Mortgage Recording Systems, of which currently MERS is the only real player, account for 65% of all CT residential...more

From The Jaws Of Defeat, Public Unions Snatch Lucky Victory

For many years, unions representing public employees in a variety of states have continued to require employees to pay union dues even if they have an objection to certain political, lobbying, or other activities the unions...more

CJEU to Rule on Extradition of EU Citizens in Criminal Antitrust Proceedings

The first European citizen to be extradited from Europe to the United States for criminal antitrust conduct recently succeeded in having a Berlin court refer the matter of his extradition to the Court of Justice of the...more

Ryder v. Lightstorm Entertainment, Inc., et al. - California Court of Appeal, Second Appellate District, Division Eight, March 25,...

California Court of Appeal affirms summary judgment in favor of James Cameron and Lightstorm Entertainment in idea submission case, finding plaintiff unable to prove that defendants used any of plaintiff’s ideas in...more

First Lawsuit Filed Challenging the DOL’s Final Persuader Rule

Yesterday, a group of plaintiffs (including a trade association, the Arkansas Chamber of Commerce, the Coalition for a Democratic Workplace, the National Association of Manufacturers, and a law firm) filed suit in the United...more

BREAKING NEWS: Supreme Court Declines to Address the Constitutionality of Securities and Exchange Administrative Forum

On March 28, 2016, the Supreme Court denied a petition for certiorari review brought by Laurie Bebo, the former CEO of Assisted Living Concepts Inc., who challenged the constitutionality of proceedings conducted in an SEC...more

DOL Issues Final "Persuader" Rules Governing Disclosure of Consultants in Antiunion Efforts

On March 23, 2016, the federal Department of Labor issued final regulations requiring for the first time that employers disclose the identity of any third-party consultants retained to help the company respond to union...more

Your daily dose of financial news The Brief – 3.29.16

Major news for the extended Blackstone & private equity family yesterday, as federal authorities arrested Wall Street exec Andrew Caspersen on charges of securities and wire fraud in what they’re labeling a “’brazen’ scheme...more

Supreme Court Considers Preemption of Puerto Rico's Recovery Act

On Tuesday, March 22, 2016, the Supreme Court heard oral arguments in Puerto Rico v. Franklin California Tax-Free Trust and Acosta-Febo v. Franklin California Tax-Free Trust, which address the constitutionality of Puerto...more

You Can Lead a Horse to Water, But You Can’t Call it an Airplane: Supreme Court Oral Arguments Suggest Puerto Rico’s Recovery Act...

A few thoughts on Tuesday’s oral arguments before the U.S. Supreme Court in the litigation over whether Puerto Rico’s Public Corporations Debt Enforcement and Recovery Act, an insolvency statute for certain of its government...more

Finding “Common Ground” in a Site Conditions Clause

I recently attended an ABA conference in Newark, New Jersey in which the theme was “Finding Common Ground in Drafting and Negotiating Design Clauses” in construction contracts. One of the speakers presented a segment...more

Real Property, Financial Services & Title Insurance Update: Weeks Ending March 11 & 18, 2016

REAL PROPERTY UPDATE - - Foreclosure/Standing: substitute plaintiff failed to establish standing to enforce note and fact that original plaintiff had filed original note endorsed in blank before assignment did not...more

California Employment Law Notes - March 2016

Nuclear Plant Maintenance Manager's Whistleblower Claim Was Properly Dismissed - Sanders v. Energy Northwest, 2016 WL 560809 (9th Cir. 2016) - David W. Sanders, a maintenance manager for Energy Northwest (a...more

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