Thompson Coburn LLP

Education malpractice and student litigation: New lessons learned

As those in higher education are keenly aware, postsecondary institutions must regularly (and increasingly) contend with civil suits filed by current and former students. Since the 2007 economic downturn, one type of suit…more
| Civil Procedure, Education

DOL’s fiduciary rule levels playing field for advisors, imposes new duty on brokers

On April 6, 2016, the Department of Labor released the final version of its highly anticipated fiduciary rule. The rule is the culmination of six years of study, commentary and revisions after it was originally proposed in 2010,…more
| Finance & Banking, Labor & Employment Law, Securities Law

Court preserves GM’s copyright claims against Autel and its VP

General Motors (GM) recently defeated a motion to dismiss in its case against Autel.US, Gary DeLuca, and others over the company’s alleged infringement of GM trademarks, copyrights, and circumvention of security measures, among…more
| Civil Procedure, Intellectual Property

Public contracting requirements: Not just for ‘traditional’ government contractors

Federal and state laws contain many construction-related requirements that are routine for traditional government contracts and contractors. Not routine, however, are applications of these requirements outside the realm of…more
| Commercial Law & Contracts, Construction Law, Government Contracting

California Ups the Ante on Minimum Wages: Is Your Organization Affected?

California is at it again, this time leading the charge to raise minimum wages. Minimum Wages Increases - On April 4, 2016, Governor Brown signed into law SB 3, increasing California’s minimum wage to $15 per hour by…more
| Labor & Employment Law

Shippers, are you ready for SOLAS’ verified container weight mandate?

Do you export your goods in an ocean-going cargo container? If so, are you ready for the SOLAS amendments that go into effect July 1? A little planning ahead of time will prevent your boxes from being left on the docks…more
| International Law & Trade, Maritime Law, Transportation

Filing Form 709: Beyond the basics of gift tax returns

Since 2013, the gift tax filing threshold has been $14,000, making it relatively apparent that if your client made a gift in excess of $14,000 to any one person (other than a spouse) in 2013 or any year thereafter, the client…more
| Taxation, Wills, Trusts, & Estate Planning

Construction due diligence: Sooner is always better than later

Non-payment of receivables is an ongoing problem for contractors, subcontractors and material suppliers notwithstanding the strength or weakness of the economy. Having knowledge of one’s alternative available legal remedies…more
| Commercial Law & Contracts, Construction Law, Finance & Banking

Commodities traders, know thyself: Are you a pool or prop shop?

Do you trade commodity futures, options or swaps with a partner or a group of partners? If so, you need to know if your business model is properly described as a commodity pool or as a proprietary trading firm. The answer is not…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

4 takeaways for higher ed from the Alaburda student lawsuit verdict

Last week a California jury rejected a law school graduate’s claim that her alma mater falsified graduate-employment data in the much-anticipated Alaburda v. Thomas Jefferson School of Law trial. The lawsuit was filed on May 26,…more
| Business Torts, Civil Procedure, Consumer Protection, Education

Medical devices and cybersecurity: FDA calls for comprehensive risk management programs

The Food and Drug Administration (FDA), with the issuance of its recent 2016 Draft Guidance “Postmarket Management of Cybersecurity in Medical Devices,” continues to step up its involvement with medical devices having a software…more
| Consumer Protection, Privacy, Health, Science, Computers, & Technology

And in this corner: Judicial referees as alternatives to juries in California

More than 10 years ago, California’s highest court held that pre-dispute contractual jury waivers were not enforceable. However, the Court directed contract parties to two safe havens from juries: arbitration and judicial…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Real Estate - Residential

UPDATE: Cannabis, pain reduction, and opioid abstinence

On March 9, 2016, we reported on a new study finding an association between cannabis treatment for chronic pain and reductions in opioid consumption. Since that report, the Centers for Disease Control and Prevention have…more
| Health

Post that policy: California FEHA amended regs take effect April 1, 2016

On April 1, 2016, amended regulations under the California Fair Employment and Housing Act will take effect. Any employers with employees in California should make sure they are in compliance with the new regulations..…more
| Civil Procedure, Labor & Employment Law

U.S. Supreme Court unable to decide whether ECOA protects spousal guarantors

As we previously wrote, federal and state courts throughout the country have been divided on whether the Equal Credit Opportunity Act (ECOA) protects the spouse of a borrower when the lender requires the spouse to guaranty a…more
| Civil Procedure, Commercial Law & Contracts, Family Law, Finance & Banking
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