Lane Powell PC

What Constitutes “Reasonable Efforts” to Inform Plan Participants of Plan Amendments, Which Include a Forum Selection Clause?

You know that many Plans have forum selection clauses. Are they enforceable? YES When a Plan participant claims they “did not know of a plan amendment,” how do you prove the Participant received notice of the amendment? A…more
| Civil Procedure, Commercial Law & Contracts, Finance & Banking, Labor & Employment Law

Expectations of Privacy: Location Matters

Sometimes law enforcement needs a warrant to access cellphone data, sometimes a court order. Sometimes nothing is required. Roaming while you roam. Depending on where you use your cell phone, law enforcement may obtain…more
| Criminal Law, Privacy, Science, Computers, & Technology

Foundation for the Lost Boys and Girls of Sudan v. Alcon Entertainment (N.D. Georgia, March 23, 2016)

Rarely does one think of copyright issues surrounding how research is conducted for feature films that are based on real life events, but 54 Sudanese refugees are forging that new connection between research and copyright in one…more
| Art, Entertainment, & Sports Law, Civil Procedure, Commercial Law & Contracts, Intellectual Property

ERISA (9th Circuit): Denial Letters — Sometimes Forgotten Arguments to Enforce Contractual Limitations Provisions

Must denial letters inform the claimant, seeking ERISA-governed benefits, about the contractual limitations provision? A recent court trend, like with the First, Third and Sixth Circuits, requires denial letters to inform…more
| Commercial Law & Contracts, Insurance, Labor & Employment Law

Department of Justice Launches 10 Regional Elder Justice Task Forces

On March 30, the Department of Justice (DOJ) announced the launch of 10 regional Elder Task Forces, including one in Washington state, for the purpose of coordinating and enhancing efforts to pursue nursing homes “that provide…more
| Consumer Protection, Criminal Law, Health

Why I’m So Passionate about Omnicare

On March 24, 2015, the U.S. Supreme Court issued its opinion in Omnicare, Inc. v. Laborers Dist. Council Const. Industry Pension Fund, 135 S. Ct. 1318 (2015). My partner Claire Davis and I are publishing a forthcoming one-year…more
| Business Organizations, Business Torts, Civil Procedure, Securities Law

US Supreme Court Fails to Resolve Guarantors’ Status Under ECOA

On March 22, in an Equal Credit Opportunity Act (ECOA) case that was closely followed and highly anticipated, the U.S. Supreme Court (in a four-to-four vote) failed to issue a definitive ruling regarding whether Regulation B…more
| Civil Procedure, Civil Rights, Commercial Law & Contracts, Finance & Banking

Oregon's Statutory Peer Review Privilege for Health Care Providers: What It Is and How to Not Waive It

Where would you rather undergo coronary bypass surgery? At a hospital where mistakes and concerns that occurred during prior surgeries of other hospital patients are analyzed to develop and implement surgical policies that can…more
| Civil Procedure, Health

Starlet Marketing, Patenting and Branding of the California Artichoke

How do you tempt someone to trim, steam (or boil) artichokes and scrape spiny artichoke leaves with their front teeth? Here’s an easy answer. Crown a newly minted Marilyn Monroe as Castroville’s first Artichoke Queen in…more
| Agriculture, Communications & Media Law, Intellectual Property

Synopsys Win is a Win for Copyright

Static timing analysis (STA) is a simulation method of computing the expected timing of a digital circuit without requiring a simulation of the full circuit. This complicated area of measuring effective timing and power…more
| Civil Procedure, Civil Remedies, Intellectual Property, Science, Computers, & Technology

Title VII and Islamophobia: Maintaining Compliance

Over The Past Decade, There Has Been An Increase In Islamophobia perpetuated by negative stereotypes resulting in bias, discrimination and marginalization. That presents an issue to which all employers must be sensitive…more
| Civil Rights, Labor & Employment Law

ERISA: Sixth Circuit — No Conflict of Interest with Multi-Employer Benefit Plan, Saving Abuse of Discretion Standard of Review

You already know that evidence of a “conflict of interest” can change the standard of review the court applies in ERISA claims. But proper structuring of multi-employer benefit plans can avoid an inherent conflict of…more
| Civil Procedure, Labor & Employment Law, Worker’s Compensation

H-1B Quota for October 1: Prepare Labor Condition Applications by March 16

The U.S. government’s H-1B temporary professional worker program allows U.S. employers to hire foreign nationals in “specialty occupation” positions that require a bachelor's degree or the equivalent. Under current law, the…more
| Immigration Law, Labor & Employment Law

BIG NEWS: ERISA Preempts Hodgepodge of State Insurance Reporting Regulations

You know there has been a court trend toward narrowing ERISA preemption. But…that trend was brushed back today by the U.S. Supreme Court. Here’s today’s case: Gobeille v. Liberty Mutual Insurance Com., __ U.S. __ (March 1, 2016)…more
| Civil Procedure, Conflict of Laws, Insurance, Labor & Employment Law

A Warning to Phishers in the Yahoo! Pond

In a recent February 15 decision by the World Intellectual Property Organization (WIPO), approximately 40 domain names were ordered transferred from their registrants to Yahoo! (WIPO Case D2015-2323). The domains included…more
| Civil Procedure, Communications & Media Law, Intellectual Property, International Law & Trade, Science, Computers, & Technology
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