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Food and Beverage News and Trends - July 2016 #2

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape....more

U.S. Regulators Disagree On Government Access To Encrypted Information

On January 25, 2016, at the State of the Net Internet Policy Conference in Washington, D.C., Assistant Attorney General Leslie Caldwell from the Department of Justice and Commissioner Terrell McSweeny from the Federal Trade...more

Cyberattack Prevention, Assessment, And Response Is A Key Focus In Intelligence Authorization Bill Passed By The House

On December 1, 2015, the U.S. House of Representatives passed a revised Intelligence Authorization Act. The White House had threatened to veto a previous version of the bill, but proponents of the passed version say that...more

California Enacts CalECPA, Requiring a Search Warrant to Obtain or Access Users’ Electronic Information

On Thursday, October 8, 2015, California Governor Jerry Brown signed into law the Electronic Communications Privacy Act (the “California ECPA”). This legislation, which takes effect on January 1, 2015, has been heralded by...more

California Joins Other States with the Passage of CalECPA

Law enforcement requests for electronic information, particularly from technology companies such as Google and Twitter, have skyrocketed in recent years. In response, several states—Maine and Texas in 2013, Utah in 2014 and...more

Portugal: new gambling laws approved

Further to the recent developments and discussion on the online gambling and gambling related activities legal framework, the Council of Ministers approved, on 26 February 2015, new gambling regulations....more

Pin the Blame on the Corporate Officer: Senators Introduce Hide No Harm Act

Three Senate Democrats recently introduced a bill that seeks to hold company executives of a product maker or seller criminally liable for knowingly "failing to inform and warn of serious dangers" associated with a product....more

Holder Vows To Continue Operation Choke Point; House Considers Bill To Stop It

Depending on whom you ask, Operation Choke Point has a promising future ahead of it – or will soon be history. The controversial initiative by the Department of Justice (DOJ) is intended to limit certain lenders and...more

Is Edward Snowden a Whistleblower?

June 14 (Bloomberg Law) -- Trevor Timm, writer and activist at the Electronic Frontier Foundation, talks with Bloomberg Law's Lee Pacchia about recent intelligence leaks surrounding the NSA's surveillance of American...more

Steven Getman: Legal links of interest for the week ending January 25, 2013

Attorney Steven Getman reports on some of the stories about courts, the law and lawyers in the news this past week: • Court strikes down Obama recess appointments: The DC Circuit Court of Appeals has ruled that President Obama’s appointment of three NLRB members was unconstitutional because Obama claimed them as recess appointments when the Senate was not in recess. • Debt collectors posing as Facebook friends: Some collectors masquerade as friendly personalities to catch an alleged debtor’s attention. • Sheriffs raise concerns about NY’s new gun law: Some sheriffs said the law takes positive steps to address mental health issues and access to illegal guns, but they said it also infringes on Second Amendment rights, • Important IRS deadline for small businesses is just daysaway: If your business paid any individual $600 or more in 2012, the IRS wants to know about it. • Two sue Subway for 'short' footlong subs: The plaintiffs' lawyer says the company should either make their sandwiches 12 inches long or stop advertising them as footlongs. • Reid, McConnell reach Senate filibuster deal: The agreement focuses on limiting the ability to stall action at the very beginning of debate and after a bill has passed the Senate and before negotiations begin with the House. • Foes of New York City soda size limit doubt racial fairness: The NAACP and the Hispanic Federation, a network of 100 northeastern groups, say minority-owned delis and corner stores will end up at a disadvantage compared to grocery chains. For more on each of these stories, click here: http://tinyurl.com/aenfmz5 ************ Steven Getman Attorney Franklin & Gabriel Law Office Steven Getman County Assigned Counsel, 2008-2011 Steven Getman Seneca County Stop-DWI Coordinator, 2007 Steven Getman Seneca County Attorney, 2002-2007 Steven Getman Seneca County Social Services Attorney, 1995-2001 Steven Getman Attorney Midey & Swinehart, 1995-2001 Steven Getman Seneca County Public Defender, 1995 Steven Getman Seneca County Law Guardian Panel, 1992-1995 more

Attorney Steven Getman: legal links of interest for the week ending November 16, 2012

Attorney Steven Getman: Legal links of interest for the week ending November 16, 2012 Friday, November 16, 2012 by Steven Getman Attorney Steven Getman notes some of the stories about the law and lawyers in the news this past week: District Attorney acted in porn movies: Mark Suben, the Cortland County district attorney, admitted he acted in pornographic movies in the 1970s after denying it during his campaign. Ranchers, farmers brace for 'death tax' impact: When the Bush-era tax rates expire in January, rates increase to 55 percent on estates of $1 million or more, impacting family farms. Eight guilty pleas in$1 Million identity theft scheme: The identity theft ring used the stolen identities of hundreds of innocent victims, produced fake driver’s licenses, and stole over $1 million in merchandise, gift cards and store credits at Home Depot, Sears, Kmart, Kohl’s and other retail stores. Judge weighs delay in Penn St. whistleblower suit: A judge plans to rule within two weeks on Penn State's request to delay the whistleblower and defamation case filed by former assistant football coach Mike McQueary. Supreme Court grant sreview in important Voting Rights Act case: Critics charge the provision at issue is used to create racially gerrymandered, segregated voting districts. For more on these stories, click here: http://tinyurl.com/cg6rub7 ************ Steven Getman Attorney Franklin & Gabriel Law Office Steven Getman County Assigned Counsel, 2008-2011 Steven Getman Seneca County Stop-DWI Coordinator, 2007 Steven Getman Seneca County Attorney, 2002-2007 Steven Getman Seneca County Social Services Attorney, 1995-2001 Steven Getman Attorney Midey & Swinehart, 1995-2001 Steven Getman Seneca County Public Defender, 1995 Steven Getman Seneca County Law Guardian Panel, 1992-1995 ************ http://tinyurl.com/7t27nll http://tinyurl.com/7olnrjl http://tinyurl.com/6oxk5vo http://tinyurl.com/72opsae http://tinyurl.com/blv6t84 more

Legal Links of Interest for the week ending October 12, 2012

Legal Links of Interest for the week ending October 12, 2012 by Steven Getman Sunday, October 14, 2012 Attorney Steven Getman notes some of the stories about the law and lawyers in the news this past week: • One million motorists skipped out on $35m in unpaid thruway tolls: Records reviewed through a Freedom of Information request show that the New York State Thruway Authority's finances have been hurt by its inability to recoup tolls and fines from people who zip through EZ-Pass lanes scot-free. • New law expands farm distilleries' sales options: Gov. Andrew Cuomo signed legislation last week to allow licensed farm distilleries to sell liquor at the New York State Fair, local fairs and farmers’ markets. • It could become illegal to resell your iPhone 4, car or family antiques: If the Supreme Court upholds an appellate court ruling, it would mean that the copyright holders of anything you own that has been made in another country would have to give you permission to sell it. • New York traffic cameras use short yellow lights to increase ticket revenue: AAA New York has found that New York City intersections with cameras have yellow lights that are shorter by as much as 15 percent compared to the city standard. • New York Court of Appeals mulls if gang member is a terrorist: The state’s highest court will consider whether the street gangsters who crashed a Bronx christening party, starting a fight that left a 10-year-old bystander dead, are also terrorists who deserve longer prison time. • Obama vs. Romney on the Supreme Court: Control of the Supreme Court, perhaps for a generation, is very much up for grabs in the coming presidential election. For more information on these and other news articles, click here: http://tinyurl.com/9maoht6 ************ Steven Getman Attorney Franklin & Gabriel Law Office Steven Getman County Assigned Counsel, 2008-2011 Steven Getman Seneca County Stop-DWI Coordinator, 2007 Steven Getman Seneca County Attorney, 2002-2007 Steven Getman Seneca County Social Services Attorney, 1995-2001 Steven Getman Attorney Midey & Swinehart, 1995-2001 Steven Getman Seneca County Public Defender, 1995 Steven Getman Seneca County Law Guardian Panel, 1992-1995 ************ http://tinyurl.com/7t27nll http://tinyurl.com/7olnrjl http://tinyurl.com/6oxk5vo http://tinyurl.com/72opsae http://tinyurl.com/blv6t84 more

New York’s Proposed Foreclosure Fraud Prevention Act Would Criminalize “Robo-Signing”

On June 22, the New York State Assembly passed the “Foreclosure Fraud Prevention Act of 2012,” which defines residential mortgage foreclosure fraud and criminalizes “robo-signing” and other “fraudulent or deceptive” practices by agents or managers in the residential mortgage business. While the state Senate did not act on the proposed legislation before adjourning its regular session — and as a result there is little chance the bill will be enacted this year — the bill represents the latest attempt by state governments to impose criminal liability on fraudulent foreclosure practices by mortgage servicers or their employees. Under the proposed Act, a person who is an agent of a company engaged in the residential mortgage business would commit “residential mortgage foreclosure fraud” by intentionally engaging in “fraud or deception by authorizing, preparing, executing, offering or presenting for filing” documents which such person (i) knows contains a material false statement (or material omission) and (ii) knows or believes will be publicly filed in connection with a pending or prospective residential mortgage foreclosure action. It is worth noting that while the offense would require an intentional act, it does not include a separate intent element requiring that the proscribed conduct be done “with intent to defraud or deceive.” Please see full alert below for more information.more

New York Attorney General: Foreclosure Fraud and “Robosigning”

New York Attorney General, Eric T. Schneiderman, has announced the introduction of a bill that would protect New Yorkers from fraudulent business practices in the foreclosure process, including “robosigning.” The Foreclosure Fraud Prevention Act of 2012 imposes new criminal penalties for those who intentionally engage in foreclosure fraud, including managers of residential mortgage businesses who knowingly tolerate fraudulent foreclosure practices committed by their employees and agents.more

Sarah Palin Hacker's Conviction Stands for Accessing Her Yahoo Email Account

The college student David C. Kernell who was convicted by a Chattanooga, Tennessee jury of various federal crimes including a violation of the Computer Fraud and Abuse Act (“CFAA”) for accessing Alaska Governor Sarah Palin’s Yahoo email account will be sentenced on October 29, 2010. What Kernell did was to decipher the password for Alaska Governor Sarah Palin’s Yahoo email account and distribute her emails over the Internet during the 2008 Presidential campaign. Kernell moved post-verdict pursuant to Rule 29, Fed.R.Cr.P. for a judgment of acquittal on the ground that the evidence was insufficient to support his conviction. The trial court just last month denied Kernell’s motion finding that there was sufficient evidence to convict. U.S. v. Kernell, 2010 WL 3937421 *4-5 (E.D. Tenn. Sept. 23, 2010). What is interesting about the court’s opinion is not what it says but what it does not say.more

Advertising Law Newsletter - August 4, 2009

IN THIS ISSUE: *SPECIAL FOCUS: Tweetstakes Law *Proposed Agency Would Take On Some FTC Functions *FTC Announces Sweeping Anti-Scam Campaign *Cosmetic Surgery Outfit Fined for Fake Reviews *Initial Revenue Bill Lacks DTC Ad Deduction Please see full newsletter for more information.more

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