Butler Snow LLP

Pro Te: Solutio - Vol. 9 No. 2 - Summer 2016

...With this issue, our focus shifts to one that often “dogs” us in serial and consolidated litigation: federal multi-district litigation. Our articles offer some insights into various aspects of MDLs, along with practical…more
| Civil Procedure, Civil Remedies, Products Liability, Science, Computers, & Technology, Toxic Torts

The Supreme Court Clarified Bank Fraud Statute Does Not Require a Defendant to Intend to Defraud a Bank

In December 2016, in a unanimous decision, the Supreme Court held in Shaw v. United States, 137 S.Ct. 462 (2016), that the Bank Fraud statute does not require the government prove the defendant intended to defraud a bank. The…more
| Criminal Law, Finance & Banking

The Curious Evolution of the Executive Order

On January 27, 2017, barely a week into office, President Donald J. Trump issued Executive Order 13769 for the stated purpose of “Protecting the Nation from Foreign Terrorist Entry into the United States.” Both vigorously…more
| Civil Remedies, Civil Rights, Constitutional Law, Elections & Politics, Immigration Law

Increased Enforcement Highlights The Need For Employers To Have Immigration Compliance Programs

This past weekend the United States Immigration and Customs Enforcement (ICE) launched raids in Los Angeles, Atlanta, Chicago, New York, North Carolina, and South Carolina arresting hundreds of undocumented immigrants. While ICE…more
| Criminal Law, Elections & Politics, Immigration Law, Labor & Employment Law

Court Deals Setback to Trump's Immigration Policy

A federal appeals court on Thursday, February 9 unanimously ruled against President Trump’s controversial “travel ban” Executive Order that attempted to bar foreign nationals from a list of seven countries from entering the US…more
| Civil Remedies, Constitutional Law, Elections & Politics, Immigration Law, Transportation

ESI Discovery Best Practices, Part 7 – New FRCP One Year In – ESI Game Changer or Business As Usual?

I was recently reminded that it has been over a year since my last ESI-related blog. My excuse is that I wanted to allow the new Federal Rules of Civil Procedure addressing ESI to percolate before writing on the repercussions. …more
| Civil Procedure, Civil Remedies, Electronic Discovery

Twenty Years After Reform, Inmate Litigation Still Crowds Dockets

A million dollars in damages for melted ice cream. Cruel and unusual punishment for having to listen to country music. A suit demanding L.A. Gear or Reebock shoes instead of prison-issued Converses. An emotional distress claim…more
| Civil Procedure, Civil Remedies

Facebook Unfriends Policy Allowing for Exclusion of Certain Racial and Ethnic Groups in Housing, Credit, and Employment Advertisements on the Site

The social network giant, Facebook—amid criticism and a push from public figures and congressional leaders—announced that the site would no longer allow advertisers to exclude specific racial and ethnic groups in the areas of…more
| Civil Rights, Communications & Media Law, Finance & Banking, Labor & Employment Law, Real Estate - Residential

No Tax, No Travel

If you are not expecting a refund this year, you may be wondering what taxes have to do with your travel plans. A little over a year ago, Congress passed a law to authorize funding for highways known as “Fixing America’s…more
| Taxation, Transportation

Analyzing President Trump's Executive Order on Immigration - What it means for you, your business and your employees

On Friday, January 27, 2017, President Donald Trump issued an executive order entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” that significantly changes U.S. immigration policy for at least…more
| Civil Remedies, Constitutional Law, Elections & Politics, Immigration Law, Labor & Employment Law

Arming Employers Against Internal Hackers, the 11th Circuit Clarifies CFAA’s “Loss” Requirement

The Eleventh Circuit ruled last week in a wrongful discharge turned Computer Fraud and Abuse Act (“CFAA”) case, spinning the employee’s case against his employer on its head. The facts of Brown Jordan International, Inc. v…more
| Civil Procedure, Civil Remedies, Labor & Employment Law, Science, Computers, & Technology

Pulse Nightclub Shooting Lawsuit May Show Path Around the Communications Decency Act

I previously posted Facebook Fake News Problem May Impact Businesses Operating Open Web Sites on why the controversy over fake news stories on Facebook may cause concern for businesses operating open websites, although such…more
| Communications & Media Law, Personal Injury

The Future After Being First: Why I’m Hopeful About The Next Four Years

In the past year, but particularly in the months since November 9, we have been forced to deal with the harsh reality that our nation is severely divided. Our generation, in partnership with our first Black president, has pushed…more
| Civil Rights, Elections & Politics

Curing Default in Chapter 11 Bankruptcy May Require Debtors to Pay Default Interest to Secured Creditors.

The Ninth Circuit Court of Appeals recently took up the issue of a Chapter 11 Debtor’s requirements to cure a loan default through its Chapter 11 plan. The result was a ruling that overturned previous law that entitled debtors…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Real Estate - Commercial

Puff … Puff … Sue? Distinguishing an Aggressive Sales Pitch from an Actionable Misrepresentation

Everyone’s heard it before: “This is the best phone on the market!” “There’s no faster internet anywhere!” “Best looking car you’ll see on the road!” “X Co. has the greatest brains behind it!”…more
| Antitrust & Trade Regulation, Business Torts, Communications & Media Law, Consumer Protection
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