Thompson Coburn LLP

Another judge rules Starbucks doesn't deceive with its ice

In a recent post about the rise in so-called “slack-fill” litigation, we discussed a California district court’s dismissal of a highly publicized lawsuit in which the plaintiff claimed that Starbucks’ iced beverages contained…more
| Civil Procedure, Communications & Media Law

California real estate: Change the ownership, increase the tax

In 1978, Proposition 13 was added to the California State Constitution limiting increases in assessed value of real property to help California real property owners, particularly retirees, from suffering drastic increases in…more
| Constitutional Law, Real Estate - Commercial, Real Estate - Residential, Taxation

Case shows ever-changing nature of patent law

The America Invents Act (AIA), passed almost five years ago, continues to substantially change patent law in the United States — and questions about the law’s effects are still being litigated. One important question currently…more
| Civil Procedure, Intellectual Property

Are you ready for Section 1557’s notice requirements?

This is a reminder that beginning October 16, 2016, Covered Entities (as defined below) are required to comply with certain notice requirements under Section 1557 of the Affordable Care Act (“ACA”). Section 1557 of the ACA…more
| Civil Rights, Health

How to combat the risks of impersonation emails, imitative domains

Amid the headlines and legitimate concern about massive data breaches, we too often overlook the danger of targeted fraudulent emails, and imitative domain names and websites…more
| Privacy, Science, Computers, & Technology

Developments in aircraft and marine finance for 2016

As is the case with other transportation assets, the legal considerations for aircraft and vessel finance providers (FPs) include an amalgam of state, federal and international laws. Summarized below are some of the more…more
| Energy & Utilities, Environmental Law, Maritime Law, Science, Computers, & Technology, Transportation

Deceptive trade practice claim to proceed based on ‘nothing artificial’ label

The Eastern District of Missouri (the Honorable John A. Ross, U.S. District Judge) recently issued an order denying a motion to dismiss claims involving an allegedly deceptive food label. Plaintiff alleged that she purchased a…more
| Communications & Media Law, Consumer Protection

[Webinar] Business Planning in Light of Proposed Regulations under Code § 2704 - October 27th, 12:00p.m. CT

In this webinar, Steve Gorin, the author of his quarterly newsletter, will discuss the proposed regulations under IRC § 2704 that would increase the valuation of business entities in many cases. Attendees will learn when the…more
| Business Organizations, Commercial Law & Contracts, Insurance, Taxation, Wills, Trusts, & Estate Planning

Securing assent: The Internet twist of electronic contracts

If any area of the law could be shielded from the all-consuming influence of the Internet, it ought to be the age-old law of contracts. Nothing about the Internet changes basic elements of contract law, like requirements of…more
| Commercial Law & Contracts, Science, Computers, & Technology

California expands pay equity, limits pay stub requirements

Employers with employees or facilities in California should take note of several recent employment laws signed by California Governor Jerry Brown in recent months…more
| Civil Rights, Labor & Employment Law

California appeals court rejects ‘creative’ sham guaranty defense

In what can only be described as pure “chutzpah,” a commercial real estate investment fund argued that it was the alter ego of its property-level SPE to avoid liability under a guaranty. While the strategy worked in the trial…more
| Civil Procedure, Commercial Law & Contracts, Real Estate - Commercial

[Webinar] Cloud Computing Series – eDiscovery - October 26th, 12:00p.m. CT

As cloud providers grow and more information is being stored in “the cloud,” it is important to consider the risks and benefits when confronted with litigation. This webinar presentation will examine litigation and eDiscovery…more
| Civil Procedure, Electronic Discovery, Privacy

Ninth Circuit holds juries can decide the definition of ‘natural’

On September 30, 2016, the 9th Circuit Court of Appeals issued a key decision in the food labeling war over what constitutes a false or misleading “all natural” label. At issue was a label on Dole’s food products stating that…more
| Agriculture, Communications & Media Law, Consumer Protection

Nevada case a reminder to foreign entities: Protect your due process rights when served

Foreign companies frequently face lawsuits filed by U.S.-based plaintiffs. The service of the initial lawsuit on a foreign company is a process that has come under greater scrutiny in recent years in order to ensure substantive…more
| Business Organizations, Civil Procedure, Constitutional Law, International Law & Trade

When smart goes bad: Why internet security does not just refer to computers

A growing trend in the consumer electronics industry is the use of so-called “smart” devices — electronics that use wi-fi connections to allow them to be controlled remotely over the internet. From smart thermostats that can be…more
| Privacy, Science, Computers, & Technology
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