Davis Wright Tremaine LLP

Screenwriter SLAPPs Down Libel-in-Fiction Claim

In a victory for all authors of fiction, a screenwriter of the film “What Maisie Knew” has successfully defended a lawsuit that sought to hold him liable for defamation based on the portrayal of a character drawn from an 1897…more

Anti-SLAPP, Books, Defamation, Film Industry, First Amendment

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Supreme Court Grants Cert in Campbell-Ewald v. Gomez

In a move that may greatly impact litigation under the Telephone Consumer Privacy Act (TCPA) and potentially other acts that provide statutory damages for violations, the high court will hear arguments in a case questioning…more

Article III, Campbell Ewald v Gomez, Certiorari, Class Action, SCOTUS

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Hold the Phone! Washington Adopts Telemedicine Parity Law

On April 17, Washington Governor Jay Inslee signed Substitute Senate Bill 5175 (the “Parity Law”), which expands coverage for telemedicine services paid by health plans in the state of Washington. With the new law, Washington is…more

Governor Inslee, Health Insurance, Healthcare, New Legislation, Popular

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Oregon Expands Data Breach Law

The modified law will expand the definition of personal information to include medical information and physical characteristics, and require notification to the state Attorney General. Businesses with customers in Oregon should…more

Attorney Generals, Breach Notification Rule, Data Breach, New Legislation, Personally Identifiable Information

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Medicare Shared Savings Program: Final Rule

Last week, the Centers for Medicare & Medicaid Services (CMS) released its Final Rule on the Medicare Shared Savings Program (MSSP). The Final Rule provides additional flexibility to accountable care organizations participating…more

ACOs, CMS, Data-Sharing, Electronic Health Record Incentives, Fee-for-Service

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California Employment Law Update: What’s New for 2015?

The California Legislature was unusually active this year. Significantly, California introduced mandatory paid sick live, created new “unfair immigration-related practices” and expanded potential liability for employers who use…more

Arbitration, Discrimination, Employee Benefits, Employer Liability Issues, Hiring & Firing

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The Family Buyout: Tips for Success

In the life cycle of a family business, one common event is the purchase by one or several family members of the interests in the business held by other family members. Because of the family relationships inherent in such…more

Family Businesses, Strategic Planning, Successor Interests

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European Union’s Highest Court Rules Google Must Remove Links Containing Personal Data

In a significant and concerning decision, the European Court of Justice (“ECJ”) has endorsed the so-called “right to be forgotten” and ruled that, in some circumstances, search engines can be compelled to remove search result…more

Data Protection, ECJ, EU, EU Data Protection Laws, Google

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New Omnibus Rule Released: HIPAA Puts on More Weight

On Jan. 17, 2013, the Department of Health and Human Services (HHS) released the long-awaited “Omnibus Rule,” which amends the administrative simplification provisions of the Health Insurance Portability and Accountability Act…more

Business Associates, Covered Entities, Data Breach, Data Protection, Enforcement

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U.S. FCPA Guidance Released by DOJ and SEC

On Nov. 14, 2012, the Department of Justice and the Securities and Exchange Commission released a joint 130-page Resource Guide to the U.S. Foreign Corrupt Practices Act (“FCPA”). This long-anticipated guidance lays out the…more

Compliance, DOJ, FCPA, FCPA Resource Guide, SEC

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Sixth Circuit Rules That TripAdvisor’s Ranking of “Dirtiest Hotels” is Protected Opinion

In a helpful decision for online publishers of rankings and ratings, the Sixth Circuit Court of Appeals held that a travel website’s annual top-ten list of the dirtiest hotels in the United States, based on data compiled from…more

First Amendment, Free Speech, Hotels, TripAdvisor

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Premium Reimbursement Arrangements Get Relief - More ACA Transition Relief—This Time for Small Employers and S-Corps

The IRS issued guidance on Feb. 18, 2015, providing temporary relief until June 30, 2015, from steep penalties for small employers and S-corps that have continued to use premium reimbursement arrangements to provide health…more

Affordable Care Act, Employer Group Health Plans, Health Insurance, IRS, Medical Reimbursement Plans

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FERC Expands Role of Demand Response Resources in Approving PJM’s New Capacity Market Framework

In a move likely to create more opportunities for demand response resources, FERC has conditionally approved substantial modifications to PJM’s capacity market framework, known as the Reliability Pricing Model (“RPM”). Many…more

Capacity Market, Energy Sector, FERC, PJM, Polar Vortex

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Portland Requires Employers to Provide Paid Sick Leave Starting in 2014 to Employees Who Work in City

The Portland City Council has passed a paid sick leave mandate that requires employers to provide paid leave for employees to use for personal and family member illness as well as certain safety concerns. The new ordinance takes…more

Local Ordinance, Medical Leave, Municipalities, Paid Leave

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Supreme Court Clarifies Test for Accommodating Pregnancy Limitations

The United States Supreme Court recently established a new test to evaluate whether an employer discriminates against a pregnant employee under the Pregnancy Discrimination Act (PDA) when it denies an accommodation or adjustment…more

Disparate Treatment, EEOC, Enforcement Guidance, PDA, Pregnancy Discrimination

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EEOC Issues Proposed Wellness Regulations: Time for Another Check-Up

The Equal Employment Opportunity Commission (EEOC) has finally issued proposed regulations under the Americans with Disabilities Act (ADA) regarding wellness programs. The proposed regulations amend existing regulations and…more

ADA, Affordable Care Act, Corporate Counsel, EEOC, Health Insurance

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ERISA Plan Sponsors – Are You Monitoring Investments and Fees?

In a unanimous decision, the U.S. Supreme Court vacated the Ninth Circuit’s decision in Tibble v. Edison International and remanded for determination of the scope of an ERISA plan fiduciary’s duty to monitor plan investments…more

401k, Benefit Plan Sponsors, Breach of Duty, ERISA, Fiduciary Duty

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Good News: California Extends Its Medical Data Breach Notification Requirement From 5 to 15 Days

On Sept. 18, 2014, California’s governor approved Assembly Bill 1755, extending California’s stringent breach notification deadline for medical information breaches from five business days to 15 business days for clinics, health…more

Breach Notification Rule, Data Breach, EHR, Healthcare, Personally Identifiable Information

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Delaware Formally Adopts Proposed Statutory Amendments Governing Mergers Following the Completion of a Tender Offer

The governor of Delaware recently signed into law previously proposed amendments to Section 251(h) of the Delaware General Corporation Law (“DGCL”), which make Section 251(h) more accessible to deal parties by..…more

Delaware General Corporation Law, Merger Agreements, New Amendments, Shareholders, Stocks

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California Court of Appeal Upholds Provision Delegating Authority to Arbitrator to Resolve Disputes Concerning Enforceability of Arbitration Agreement

On May 15, 2014, the California Court of Appeal provided positive news to employers seeking to maintain and enforce arbitration agreements. In Tiri v. Lucky Chances, Inc., a unanimous First Appellate District panel reversed a…more

Appeals, Arbitration, Arbitrators, Delegation of Discretion, Employment Contract

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President Obama’s April Fools' Day Order on Cyberterrorism – No Joking About It!

While it’s not clear whether the President’s release today of an Executive Order, "Blocking the Property of Certain Persons Engaging in Significant Malicious Cyber-Enabled Activities," was purposefully timed to coincide with…more

Barack Obama, Criminal Sanctions, Critical Infrastructure Sectors, Cyber Crimes, Cybersecurity

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EPA Issues Assessment of Bristol Bay and Large-Scale Mining

On January 15, the Environmental Protection Agency (“EPA”) issued its final Assessment of Potential Mining Impacts on Salmon Ecosystems of Bristol Bay, Alaska, concluding that large-scale mining in the region poses risks to…more

Clean Water Act, Critical Habitat, Environmental Assessments, Environmental Policies, EPA

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Berkeley's Measure D: What Distributors, Restaurants and Retailers need to know about the Berkeley "Sugar Tax"

According to its backers, the Berkeley “Sugar Tax” is the future of sugar in America. Berkeley’s Measure “D,” which garnered an overwhelming 75% “yes” vote, imposes a general excise tax of $0.01 per ounce on the distribution of…more

Distributors, Food Manufacturers, Grocery Stores, Local Ordinance, New Legislation

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FCC Releases Emergency Information Accessibility Rules for Second-Screen Devices and Grants Compliance Waivers

The Federal Communications Commission (FCC) has released the text of its Second Report and Order (R&O) adopting rules requiring multichannel video programming distributors (MVPDs) to pass through the secondary audio stream…more

Accessibility Rules, Cable Television Providers, Covered Entities, CVAA, Disability

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FERC Accepts PJM’s Proposal to Limit Imported Capacity

Owners of generation capacity in PJM have often complained of what they perceive as favorable treatment under rules governing PJM’s annual forward capacity auctions when applied to competing resources, namely generation located…more

Energy, FERC, PJM, Power Plants, Utilities Sector

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Estate, Gift, and GST Taxes in 2013: American Taxpayer Relief Act of 2012 and Other News (Oregon)

The American Taxpayer Relief Act of 2012 (the “Act”) was signed into law on Jan. 2, 2013, avoiding dramatic changes to tax exemptions and tax rates on transfers subject to federal estate, gift, and generation-skipping transfer…more

American Taxpayer Relief Act, Charitable Donations, Estate Tax, Fiscal Cliff, Generation-Skipping Transfer

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"Ladies' Night" Promotions Violate California Law

The hospitality industry is no stranger to the rules prohibiting discrimination in accommodations. The average restaurant or hotel operator is aware that the establishment cannot deny service to a patron on the basis of a…more

ADA, Discounts, Discrimination, Hospitality Industry, Protected Class

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Electronic Disclosure of Violations Coming This Fall

Under EPA’s Audit Policy, those who discover, promptly disclose and correct environmental violations may have penalties reduced or eliminated. 60 Fed Reg 66, 705 et seq. (1995); 65 Fed Reg 19, 617, et seq. (2000) EPA recently…more

eDisclosure, EPA, EPCRA, Self-Reporting

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Penalty! The California Court of Appeal Calls Foul on the NCAA’s Attempt to Seal Records of the USC/Reggie Bush Investigation

In a significant victory for open court filings, the California Court of Appeal rejected an effort by the National Collegiate Athletic Association (“NCAA”) to seal 400 pages of documents in a dispute between the NCAA and a…more

Anti-SLAPP, Appeals, College Athletes, Discovery, First Amendment

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California Sick Time Law: Beyond the Basics

California’s “Healthy Workplaces, Healthy Families Act of 2014,” otherwise known as California’s Paid Sick Time (or Paid Sick Leave) law, went into effect on Jan. 1, 2015, and will become operative for accrual purposes on July…more

DLSE, Employer Mandates, Healthy Workplace Act, Paid Leave, Sick Leave

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Federal Circuit Holds Foreseeable Equivalents Infringe Under Doctrine of Equivalents

The Court of Appeals for the Federal Circuit held Wednesday that the doctrine of equivalents covers alternatives that were foreseeable at the time of application but not literally claimed. As a result, patent drafters will not…more

Functional Equivalent, Patent Infringement, Patent Litigation, Patents

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New Measures Clarify Consumer Protection Rights in China, Stipulate Penalties for Misconduct

On Jan. 5, 2015, the Chinese State Administration for Industry and Commerce (“SAIC”) promulgated the Penalty Measures for Infringement on the Rights and Interests of Consumers (the “Measures”), which will take effect on March…more

China, New Legislation, Popular, SAIC

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Estate, Gift, and GST Taxes in 2013: American Taxpayer Relief Act of 2012 and Other News

The American Taxpayer Relief Act of 2012 (the “Act”) was signed into law on Jan. 2, 2013, avoiding dramatic changes to tax exemptions and tax rates on transfers subject to federal estate, gift, and generation-skipping transfer…more

American Taxpayer Relief Act, Estate Tax, Generation-Skipping Transfer, Gift-Tax Exemption, Retirement Plan

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Alaska Supreme Court Says Exploration is a Transfer of Interest in State Land, Cannot Be Allowed Without Full Public Notice and Comment - Also Sides with Public Interest Litigants on Fee Shifting

The Alaska Supreme Court’s recent decision in Nunamta Alukestai v. Pebble Limited Partnership, No. 7011 (Alaska filed May 29, 2015) significantly alters the permitting process for projects within the jurisdiction of the…more

AK Supreme Court, Department of Natural Resources, Energy Sector, Fee-Shifting, Land-Use Permits

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D.C. Circuit’s POM Wonderful Decision Calls Into Question The FTC’s Imposition Of A Two-Study Requirement

On Jan. 30, 2015, the U.S. Court of Appeals for the D.C. Circuit affirmed the FTC’s ruling that POM Wonderful made false and misleading advertising claims that its pomegranate juice products were effective in fighting various…more

Administrative Hearings, Advertising, Appeals, Clinical Trials, False Advertising

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Senator Wyden Urges FERC to Support Regional Flexibility in Order No. 1000 Compliance Filings by Northwestern Utilities

In a letter to FERC Chairman Jon Wellinghoff dated March 5, 2013, Senator Ron Wyden (D-OR), the new Chairman of the Senate Energy and Natural Resources Committee, strongly urged the FERC to support principles of regional…more

FERC, Order No. 1000, Tariffs

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California Health Care Employees Cannot Waive Entitlement to Second Meal Period When Working In Excess of 12 Hours

Narrowly construing the California Labor Code provisions on meal periods, the California Court of Appeal struck down a provision in the Industrial Welfare Commission Wage Orders that allows health care employees working 12-hour…more

Appeals, Health Care Providers, Healthcare, Healthcare Facilities, Healthcare Workers

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New SEC Guidance Regarding Social Media; Proposed Clarifications to Delaware Law for Mergers Following a Tender Offer; Change in SEC Notice Procedures for Granting Confidential Treatment Requests

Social media is becoming a desirable tool for companies to communicate with their shareholders and potential investors. Over the last few years, the Securities and Exchange Commission (“SEC”) has issued guidance on how SEC…more

Disclosure Requirements, Investors, Public Disclosure, Public Offerings, SEC

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Additional IRS Guidance on Physical Work Test and Facility Transfers for Energy Tax Credits

The IRS has released additional guidance (Notice 2014-46) on the “beginning of construction” requirement for the renewable energy production tax credit under Code Section 45 (PTC) and energy investment tax credit under Code…more

Energy, Energy Policy, Energy Tax Incentives, Investment Tax Credits, IRS

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Blurred Lines: Ninth Circuit Applies Same First Amendment Protections to Bloggers as Traditional Media

The Ninth Circuit last week became the first federal court of appeals to find that bloggers are entitled to the same First Amendment protections as traditional print and broadcast media when sued for defamation. Obsidian Fin…more

Blogs, Defamation, First Amendment, Media

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Treasury Department Publishes National Money Laundering Risk Assessment and National Terrorist Financing Risk Assessment

On June 12, 2015, Treasury Department issued its National Money Laundering Risk Assessment (NMLRA) and National Terrorist Financing Risk Assessment (NTFRA). This is the Department’s first NMLRA release in a decade and its first…more

AML/CFT, Banking Sector, Casinos, FATF, Financial Institutions

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FERC Extends Deadline for Filing Q3 2013 EQRs

Yesterday, on October 10, 2013, FERC issued a long-anticipated order granting public utilities and non-public utilities an extension of time to file their third quarter (Q3) Electric Quarterly Reports (EQRs). FERC will notify…more

Extensions, FERC, Filing Deadlines, Filing Requirements, Reporting Requirements

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9th Circuit Determines that California Law Restricts a “No-Rehire” Provision in a Settlement Agreement

Under California law, “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” (Bus. & Prof. Code §16600) The prohibition pertains even if the…more

Business & Professions Code, Contract Terms, Employer Liability Issues, Hiring & Firing, Settlement Agreements

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Consumer Financial Protection Bureau Begins Accepting Consumers’ Money Transfer Complaints

Noting that “[i]t’s pretty incredible that you can quickly send money to almost anywhere in the country or abroad,” the Consumer Financial Protection Bureau (“CFPB”) recently announced it has begun accepting consumer complaints…more

CFPB, Consumer Complaint System, Money Transfer

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Possible Renewable Identification Number Price Spike Due to Proposed EPA Compliance Deadline Causes Biofuel Industry Concern

The Environmental Protection Agency (EPA) sets the annual percentage standards for ethanol, cellulosic biofuel, biomass-based diesel, advanced biofuel, and total renewable fuels that apply to all gasoline and diesel produced or…more

Auto Manufacturers, Automotive Industry, Biofuel, Energy Sector, EPA

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FDA Issues Draft Guidance for Mandatory Recall Authority

On Thursday, May 7, 2015, the FDA released draft guidance on the implementation of its mandatory recall authority. The guidance itself is not binding on food companies, but provides more information about the FDA’s recall…more

Draft Guidance, Enforcement Authority, FDA, Food Recalls

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Operation Chokepoint and the Brave New World of Criminal Liability - November 2014

The U.S. Department of Justice and banking regulators have stepped up the pace of criminal, civil and administrative actions against banks, payment processors, money transmitters, and other financial institutions, for violations…more

Anti-Money Laundering, Bank Secrecy Act, Banks, Criminal Prosecution, DOJ

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Tinker, Take Two

Two legendary figures in the ongoing fight for student free speech rights are asking the Supreme Court to revisit this thorny area of First Amendment jurisprudence. John and Mary Beth Tinker were petitioners forty-six years ago…more

Censorship, First Amendment, Free Speech, Freedom of Expression, Political Speech

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DOI Secretary Jewell Announces Two Utility-Scale Solar Projects in California and Nevada

Secretary Jewell, of the Department of Interior, announced approval of two utility-scale solar projects located on the California-Nevada border. The Stateline Solar Project will be located in the Mojave Desert in San Bernardino…more

Department of the Interior, Public Projects, Public-Private Partnerships, Renewable Energy, Solar Energy

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Final Regulations on Play or Pay Mandate Provide Relief to Certain Employers

This week, the IRS issued final regulations concerning the Affordable Care Act’s “play or pay” (also known as the employer shared responsibility) mandate. This advisory describes highlights of these voluminous regulations,…more

Affordable Care Act, Delays, Employee Benefits, Employer Mandates, Healthcare

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OIG Fraud Alert: Physicians in the Cross Hairs

On June 9, 2015, the Department of Health and Human Services Office of Inspector General (OIG) issued a Fraud Alert focused on physician relationships. The Alert cautions physicians who enter into compensation arrangements such…more

Anti-Kickback Statute, Fair Market Value, Fraud Alerts, Healthcare, HHS

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Amendments to the Law on the Protection of the Rights and Interests of Consumers to Take Effect on March 15, 2014

On Oct. 25, 2013, China's Standing Committee of the National People's Congress (the “NPC’s Standing Committee”) promulgated the Amendments to the Law on the Protections of the Rights and Interests of Consumers (the…more

Burden of Proof, China, Disclosure Requirements, Human Rights, Product Recalls

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FFIEC Releases Revised BSA/AML Examination Manual

The Federal Financial Institutions Examination Council (FFIEC) has released its revised Bank Secrecy Act/Anti-Money Laundering (BSA/AML) Examination Manual. The revisions clarify supervisory expectations and incorporate…more

Anti-Money Laundering, Bank Secrecy Act, Banking Examinations, Banking Sector, Banks

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The Alaska Constitution and Alaska Oil and Gas Projects

In the March 29th decision of Sullivan v. Resisting Environmental Destruction on Indigenous Lands (REDOIL), the Supreme Court of Alaska held that the Alaska Constitution requires only one “best interest finding” (that an oil or…more

Leases, Oil & Gas, Permits

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Shooting the Messenger? Websites could face greater liability for third-party content in the EU

Three developments in the last two months suggest websites face greater liability for content authored by third parties in the European Union—including reader comments, posts on message boards and social networks, and search…more

Corporate Counsel, Duty of Care, E-Commerce, EU, France

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“Operation Failed Resolution:” FTC Seeks Media Outlets’ Help to Police Deceptive Weight Loss Ads

In the wake of settlements between the FTC and four weight loss product purveyors relating to the companies’ advertising tactics, the FTC has issued updated guidance for media outlets regarding the publication of advertisements…more

Advertising, Endorsements, False Advertising, FTC, Weight-Loss Products

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Essential Employment Policies for Family Businesses, Part II

In this second round of “must-have” employment policies, we focus on rest breaks and meal periods. It can be devastating for any business, but especially a family-run business, to face claims of non-compliance with wage and hour…more

Audits, Best Management Practices, Class Action, Employee Benefits, Employment Policies

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FCC Proposes Unprecedented Fine of $100 Million for Alleged Violations of Open Internet Transparency Rule

The FCC issued a Notice of Apparent Liability (“NAL”) to AT&T for alleged violations of the 2010 Open Internet “transparency rule.” The FCC contends that AT&T “willfully and repeatedly” violated the rule by: (1) using the…more

AT&T, Broadband, Data Plan, Disclosure Requirements, FCC

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Trouble Ahead for One-Day Inpatient Stays: New Pre-Billing Challenges Loom

On Aug. 19, CMS published a final rulemaking that may effectively eliminate DRG Part A payments for most acute care inpatient stays of one day…more

CMS, Healthcare, Hospitals, Medical Expenses, Medicare

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1st Circuit Limits Secured Lender’s Right to Post-Petition Interest by Applying Flexible Standard

In an important decision for lenders, the 1st Circuit Court of Appeals recently decided In re SW Boston Hotel Venture LLC, holding that a bankruptcy court was right to give a lender a claim for post-petition interest beginning…more

Commercial Bankruptcy, Hotels, Secured Lenders

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Federal Circuit Holds Foreseeable Equivalents Infringe Under Doctrine of Equivalents

The Court of Appeals for the Federal Circuit held Wednesday that the doctrine of equivalents covers alternatives that were foreseeable at the time of application but not literally claimed. As a result, patent drafters will not…more

Functional Equivalent, Patent Infringement, Patent Litigation, Patents

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New Washington Supreme Court Opinion Makes Pre-Decisional Case Records Easier to Seal

In a substantial narrowing of the public’s ability to review court files, the Washington Supreme Court has held there is no constitutional right of access to any case record unless and until the record becomes “relevant to a…more

Bennett, Discovery, Ishikawa, Right of Access, Sealed Records

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Federal Guidance Clarifies When and How Employers Can Accept California’s New AB 60 Driver’s Licenses from Possibly Unauthorized Workers to Verify Employment Eligibility

Since early 2015, qualified California residents have been able to apply for and receive a driver’s license issued by the Department of Motor Vehicles without proving that their presence in the United States is authorized under…more

DMV, Driver's Licenses, Foreign Nationals, Hiring & Firing, Human Resources Professionals

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Meaningful Use Stage 3 Proposed Rule: One Set of Requirements to Rule Them All

With the release of the Meaningful Use Stage 3 proposed rule on March 30, CMS is attempting to reduce complexity and increase uniformity within the electronic health record EHR Incentive Programs by reducing the myriad of…more

CMS, EHR, Health Care Providers, Healthcare, Meaningful Use

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FDA Issues Draft Guidance for Mandatory Recall Authority

On Thursday, May 7, 2015, the FDA released draft guidance on the implementation of its mandatory recall authority. The guidance itself is not binding on food companies, but provides more information about the FDA’s recall…more

Draft Guidance, Enforcement Authority, FDA, Food Recalls

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When Food Production Leads to Prosecution

Over the last few weeks, two big stories have made headlines in the food industry. Beginning in early February, news media across Europe began reporting that food products tested in several European countries contained…more

Certificates of Analysis, DOJ, EU, FDCA, Food Contamination

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OIG Fraud Alert: Physicians in the Cross Hairs

On June 9, 2015, the Department of Health and Human Services Office of Inspector General (OIG) issued a Fraud Alert focused on physician relationships. The Alert cautions physicians who enter into compensation arrangements such…more

Anti-Kickback Statute, Fair Market Value, Fraud Alerts, Healthcare, HHS

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President Obama’s Proposed Privacy Bill of Rights - Part 6: FTC Enforcement Powers

In this post, we look at the additional powers given to the Federal Trade Commission (FTC) to enforce the Consumer Privacy Bill of Rights (CPBR) and what it may mean for the agency that already enjoys significant authority to…more

Consumer Privacy Bill of Rights, Discussion Draft, Enforcement, FTC, Obama Administration

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Preparing for the Aug. 29 Restaurant Workers Strike and Beyond

Non-union restaurant workers are being urged to strike nationally on Aug. 29 by unions and others hoping to raise industry wages and promote union representation…more

Employee Rights, Non-Union, Restaurant Industry, Strike, Wage and Hour

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The Big Picture: Aereo Held to Violate Public Performance Right

In a 6-3 decision written by Justice Breyer, the Supreme Court today ruled that Aereo’s internet television service infringes broadcasters’ exclusive rights to publicly perform their works. Despite the potentially broad…more

ABC, ABC v Aereo, Aereo, Broadcasting, Cable Television Providers

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D.C. Circuit’s POM Wonderful Decision Calls Into Question The FTC’s Imposition Of A Two-Study Requirement

On Jan. 30, 2015, the U.S. Court of Appeals for the D.C. Circuit affirmed the FTC’s ruling that POM Wonderful made false and misleading advertising claims that its pomegranate juice products were effective in fighting various…more

Administrative Hearings, Advertising, Appeals, Clinical Trials, False Advertising

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California State Water Resources Control Board Finalizes Rules for Desalination Plants

As the drought continues across California, the State Water Resources Control Board (“SWRCB”) has adopted its first-ever requirements for desalination plants in the state. Desalination – a process of removing minerals from ocean…more

Desalination, Drought, Emergency Response, Water Resources Control Board, Water Supplies

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California Court of Appeal Upholds Provision Delegating Authority to Arbitrator to Resolve Disputes Concerning Enforceability of Arbitration Agreement

On May 15, 2014, the California Court of Appeal provided positive news to employers seeking to maintain and enforce arbitration agreements. In Tiri v. Lucky Chances, Inc., a unanimous First Appellate District panel reversed a…more

Appeals, Arbitration, Arbitrators, Delegation of Discretion, Employment Contract

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Invalid NLRB Recess Appointments Mean Controversial Decisions Get a Second Look

In Noel Canning, the U.S. Supreme Court unanimously decided that President Obama’s January 2012 recess appointments to the National Labor Relations Board (“NLRB” or the “Board”) violated the Constitution. Non-union and union…more

Barack Obama, Canning v NLRB, NLRB, Non-Union, Recess Appointments

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Unpaid Interns May Be Entitled to Wages and EEO Protections

Every summer, eager students beat down company doors, offering to do whatever is needed—for free—so they can include experience and a reference on their resume. But, a recent slew of lawsuits by unpaid interns has caused…more

Best Management Practices, Contract Drafting, DOL, EEOC, Employee Rights

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Estate, Gift, and GST Taxes in 2013: American Taxpayer Relief Act of 2012 and Other News

The American Taxpayer Relief Act of 2012 (the “Act”) was signed into law on Jan. 2, 2013, avoiding dramatic changes to tax exemptions and tax rates on transfers subject to federal estate, gift, and generation-skipping transfer…more

American Taxpayer Relief Act, Estate Tax, Generation-Skipping Transfer, Gift-Tax Exemption, Retirement Plan

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U.S. FCPA Guidance Released by DOJ and SEC

On Nov. 14, 2012, the Department of Justice and the Securities and Exchange Commission released a joint 130-page Resource Guide to the U.S. Foreign Corrupt Practices Act (“FCPA”). This long-anticipated guidance lays out the…more

Compliance, DOJ, FCPA, FCPA Resource Guide, SEC

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New York’s Shield Law Follows New York Reporters Wherever They May Roam

On Dec. 10, 2013, the New York Court of Appeals resoundingly reaffirmed the important public policy underlying the New York statutory scheme that allows New York journalists to preserve the anonymity of their confidential…more

Journalists, Shield Laws

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FCC Adopts New Rules, Proposes Further Reforms for Lifeline Program

Last week, the FCC released its second major order in the Lifeline reform proceeding: Second Further Notice of Proposed Rulemaking, Order on Reconsideration, Second Report and Order, and Memorandum Opinion and Order (hereinafter…more

Broadband, ETCs, FCC, Lifeline Program, OMB

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Supreme Court Invalidates Software Patents Directed to Implementing Abstract Ideas

Yesterday, the U.S. Supreme Court announced its highly anticipated opinion in Alice Corp. Pty. Ltd. v. CLS Services, Inc., No. 13-298. In Alice Corp., the Court upheld an en banc decision of the United States Court of…more

CLS Bank, CLS Bank v Alice Corp, Patent Litigation, Patents, Popular

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FCC Proposes Fines of More Than $1.9M for EAS Violations

On March 3, 2014, the Federal Communications Commission (FCC) issued an omnibus Notice of Apparent Liability (NAL) that proposes substantial fines totaling more than $1.9 million against Viacom, ESPN and NBCUniversal (the…more

Emergency Alerts, ESPN, FCC, NBC, Viacom

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Business Associate Agreements: Time to Update

If you sponsor a group health plan that is subject to the HIPAA Privacy and Security Rules, it is time to review and potentially update your business associate agreements…more

Business Associates, Employer Group Health Plans, Health Plan Sponsors, HHS, HIPAA

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PCI DSS 3.0: Business as Usual?

In the past, critics of the Payment Card Industry (PCI) Data Security Standard (DSS) have alleged that the DSS requirements either (1) provide little more than a minimal baseline for security with a “check-the-box” compliance…more

Cloud Computing, Compliance, Credit Cards, Data Protection, DSS

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Unpaid Interns May Be Entitled to Wages and EEO Protections

Every summer, eager students beat down company doors, offering to do whatever is needed—for free—so they can include experience and a reference on their resume. But, a recent slew of lawsuits by unpaid interns has caused…more

Best Management Practices, Contract Drafting, DOL, EEOC, Employee Rights

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Is Carbon Capture and Sequestration the Best or Even an Achievable Control Technology To Reduce Carbon Dioxide Emissions from Coal-Fired Power Plants?

EPA’s proposed greenhouse gas emission standards for new power plants rest on the agency’s finding that carbon capture and sequestration (CCS) technologies are “achievable” and the “best system” for the reduction of carbon…more

Carbon Capture and Sequestration, Carbon Emissions, Clean Air Act, Coal-Fired Generation, Coal-Fired Plants

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Good News: California Extends Its Medical Data Breach Notification Requirement From 5 to 15 Days

On Sept. 18, 2014, California’s governor approved Assembly Bill 1755, extending California’s stringent breach notification deadline for medical information breaches from five business days to 15 business days for clinics, health…more

Breach Notification Rule, Data Breach, EHR, Healthcare, Personally Identifiable Information

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Opposition Builds to Proposed Federal Clean Water Act Rules

Federal agencies face growing opposition from members of Congress and industry regarding a proposed definition of “waters of the United States” under the Clean Water Act (CWA). The scope of federal jurisdiction under the CWA has…more

Clean Water Act, EPA, Jurisdiction, Nexus, Rapanos v US

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July 1 Deadline for General Industrial Stormwater Permits in California

Beginning July 1 of this year, there’s a new program in town! A new general industrial stormwater permit kicks in in California. Companies with an existing stormwater permit will have to apply for a new permit, and prepare a new…more

Deadlines, Stormwater Discharge Permits

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FCC Proposes to Make 150 MHz of Spectrum Available for Shared Broadband Through Use of Dynamic Spectrum Access and Sharing Systems

Yesterday, the Federal Communications Commission (FCC) took steps to make 150 megahertz of spectrum available for shared broadband use by unanimously approving a Further Notice of Proposed Rulemaking (FNPRM) setting forth…more

Broadband, Citizens Broadband Service, FCC, NPRM, Wireless Industry

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Amendment To The FCC’s Effective Competition Rules: Implementation Of Section 111 Of STELAR

On June 2, 2015, the FCC adopted an Order implementing Section 111 of the STELA Reauthorization Act of 2014 (STELAR), which required the FCC to streamline its longstanding effective competition rules for small cable operators…more

Cable Television Providers, Communications Act of 1934, Competition, Competition Authorities, FCC

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Potential Impact of Reclassification on State and Local Tax Obligations

The Order tries to minimize the potential that state or local taxes on broadband Internet access service (BIAS) will increase as a result of reclassifying BIAS as a telecommunications service. BIAS providers, however, have…more

Broadband, Internet, Internet Service Providers, Internet Taxation, ISPs

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New HSR Filing Thresholds Take Effect Feb. 24, 2014

The Federal Trade Commission (FTC) has announced an increase in the thresholds that determine whether companies are required to notify federal antitrust authorities under the Hart-Scott-Rodino (HSR) Antitrust Improvements Acts…more

FTC, Hart-Scott-Rodino Act, Pre-Merger Filing Requirements

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California Court of Appeal Holds That a Private Conservator is a Public Official; Finds No Actual Malice Shown in Claim Based on CBS Report About Conservatorships

A conservator appointed by the court to temporarily handle certain affairs of an elderly woman is a “public official” for purposes of defamation law who has to meet the “actual malice” standard to survive an anti-SLAPP motion,…more

Actual Malice, Anti-SLAPP, Conservators, Defamation, Public Officials

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EPA/Corps Adopt “Waters of the U.S.” Rule: What’s Next?

Wednesday, EPA and the Army Corps of Engineers released a prepublication version of the final rule defining “waters of the United States,” the jurisdictional trigger under the Clean Water Act. The term needs defining because the…more

Clean Water Act, Environmental Policies, EPA, Rapanos v US, SCOTUS

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FCC Votes to Approve New Net Neutrality Rules

On a party-line 3-2 vote, the FCC on February 26, 2015, approved new Open Internet (or Net Neutrality) rules, although it has not released the text of its actual ruling. Based on an FCC press release and a written statement from…more

FCC, Final Rules, Internet, Net Neutrality, Telecommunications Act of 1996

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Mayor Signs NYC Ban on Use of Credit Checks in Employment Decisions

On May 6, 2015, New York City Mayor Bill de Blasio signed into law a bill amending the city’s Human Rights Law to prohibit employers from using an individual’s credit history to make employment decisions. The law will become…more

Credit Checks, Hiring & Firing, Human Rights, Local Ordinance, NYCHRL

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The Fed’s Goals, Strategies, and Tactics for an Improved U.S. Payment System

The Federal Reserve System recently issued a paper titled Strategies for Improving the U.S. Payment System that provides a roadmap for end-to-end payment system advances over the short and long term…more

Federal Reserve, Information Reports, Payment Systems

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U.S. FCPA Guidance Released by DOJ and SEC

On Nov. 14, 2012, the Department of Justice and the Securities and Exchange Commission released a joint 130-page Resource Guide to the U.S. Foreign Corrupt Practices Act (“FCPA”). This long-anticipated guidance lays out the…more

Compliance, DOJ, FCPA, FCPA Resource Guide, SEC

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Medicare Shared Savings Program: Final Rule

Last week, the Centers for Medicare & Medicaid Services (CMS) released its Final Rule on the Medicare Shared Savings Program (MSSP). The Final Rule provides additional flexibility to accountable care organizations participating…more

ACOs, CMS, Data-Sharing, Electronic Health Record Incentives, Fee-for-Service

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If You Think Your Family Business’s Service Contracts Limit Your Liability In All Situations, Think Again!

Family-owned businesses in the services industry in Washington (and beyond) should be paying attention to a recent Washington Supreme Court case addressing the “Independent Duty Doctrine” (also referred to as the “economic loss…more

Family Businesses, Limitation of Liability Clause, Service Contracts

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U.S. House Approves Law Targeting Sex Trafficking Ads, Threatens to Undermine Section 230 of the Communications Decency Act

On May 20, 2014, the U.S. House of Representatives passed the Stop Advertising Victims of Exploitation Act of 2014 (“SAVE Act”). If enacted, the bill would expose websites and other media to federal criminal penalties for…more

Communications Decency Act, Crime Victims, First Amendment, Free Speech, Internet

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Estate, Gift, and GST Taxes in 2013: American Taxpayer Relief Act of 2012 and Other News (Oregon)

The American Taxpayer Relief Act of 2012 (the “Act”) was signed into law on Jan. 2, 2013, avoiding dramatic changes to tax exemptions and tax rates on transfers subject to federal estate, gift, and generation-skipping transfer…more

American Taxpayer Relief Act, Charitable Donations, Estate Tax, Fiscal Cliff, Generation-Skipping Transfer

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Be Careful with Information Destruction: Another Medical Record Disposal HIPAA Settlement

The U.S. Department of Health and Human Services Office for Civil Rights (“OCR”) recently announced a new settlement with a small pharmacy, Cornell Prescription Pharmacy (“Cornell”). OCR alleged that Cornell was disposing of…more

Document Destruction, Enforcement Actions, OCR, Pharmacies, PHI

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TTB Changes Course on Oregon's Wine Growler Law

On April 25, 2014, the Alcohol & Tobacco Tax & Trade Bureau (TTB), the federal agency that regulates and taxes alcohol producers, suspended a March 2014 wine growler ruling that would have unnecessarily required wineries and…more

Registration, Retailers, TTB, Wine & Alcohol

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California Sick Time Law: Beyond the Basics

California’s “Healthy Workplaces, Healthy Families Act of 2014,” otherwise known as California’s Paid Sick Time (or Paid Sick Leave) law, went into effect on Jan. 1, 2015, and will become operative for accrual purposes on July…more

DLSE, Employer Mandates, Healthy Workplace Act, Paid Leave, Sick Leave

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FERC Expands Role of Demand Response Resources in Approving PJM’s New Capacity Market Framework

In a move likely to create more opportunities for demand response resources, FERC has conditionally approved substantial modifications to PJM’s capacity market framework, known as the Reliability Pricing Model (“RPM”). Many…more

Capacity Market, Energy Sector, FERC, PJM, Polar Vortex

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FCC Releases Emergency Information Accessibility Rules for Second-Screen Devices and Grants Compliance Waivers

The Federal Communications Commission (FCC) has released the text of its Second Report and Order (R&O) adopting rules requiring multichannel video programming distributors (MVPDs) to pass through the secondary audio stream…more

Accessibility Rules, Cable Television Providers, Covered Entities, CVAA, Disability

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Stolen Patient Information on Hospital Computer Not Considered “Medical Information” by California Appellate Court

The California Court of Appeal recently held that the release of an index identifying hospital patients did not constitute the release of medical information under California’s Confidentiality of Medical Information Act (CMIA),…more

Appeals, Data Breach, Healthcare, Hospitals, Medical Records

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FCC Proposes Unprecedented Fine of $100 Million for Alleged Violations of Open Internet Transparency Rule

The FCC issued a Notice of Apparent Liability (“NAL”) to AT&T for alleged violations of the 2010 Open Internet “transparency rule.” The FCC contends that AT&T “willfully and repeatedly” violated the rule by: (1) using the…more

AT&T, Broadband, Data Plan, Disclosure Requirements, FCC

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Alaska Supreme Court Says Exploration is a Transfer of Interest in State Land, Cannot Be Allowed Without Full Public Notice and Comment - Also Sides with Public Interest Litigants on Fee Shifting

The Alaska Supreme Court’s recent decision in Nunamta Alukestai v. Pebble Limited Partnership, No. 7011 (Alaska filed May 29, 2015) significantly alters the permitting process for projects within the jurisdiction of the…more

AK Supreme Court, Department of Natural Resources, Energy Sector, Fee-Shifting, Land-Use Permits

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ERISA Plan Sponsors – Are You Monitoring Investments and Fees?

In a unanimous decision, the U.S. Supreme Court vacated the Ninth Circuit’s decision in Tibble v. Edison International and remanded for determination of the scope of an ERISA plan fiduciary’s duty to monitor plan investments…more

401k, Benefit Plan Sponsors, Breach of Duty, ERISA, Fiduciary Duty

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Medicare Shared Savings Program: Final Rule

Last week, the Centers for Medicare & Medicaid Services (CMS) released its Final Rule on the Medicare Shared Savings Program (MSSP). The Final Rule provides additional flexibility to accountable care organizations participating…more

ACOs, CMS, Data-Sharing, Electronic Health Record Incentives, Fee-for-Service

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New Immigration Regulations Authorize Employment for Certain H-4 Spouses

Starting May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants will be permitted to apply for work authorization in the United States. Those permitted to work include individuals in H-4 status whose H-1B spouses have…more

DHS, Employment Authorization Document, H-1B, H-4 Spouses, Spouses

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Court Finds Misappropriation Claims Arising From Licensing of Copyrighted Photographs Are Preempted

Judge André Birotte Jr. of the U.S. District Court for the Central District of California has dismissed a lawsuit brought by former college athletes alleging that the licensing of copyrighted photographs from their NCAA playing…more

College Athletes, Copyright, Misappropriation, NCAA, Photographs

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Seattle’s Criminal Background Check Ordinance and New Rules Take Effect Nov. 1, 2013

Seattle’s new criminal background check ordinance goes into effect Friday, Nov. 1, 2013. In anticipation, the Seattle Office for Civil Rights (“SOCR”) recently issued rules implementing the new law. The ordinance restricts when…more

Criminal Background Checks, Criminal Records

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Lessons from FTC Enforcement Actions

The FTC released a guide for businesses based on lessons learned from the more than 50 reported FTC enforcement actions. This new guide, “Start With Security: A Guide For Business” outlines a general “standard of care” for…more

Data Protection, Enforcement Actions, Enforcement Guidance, FTC, Security and Privacy Controls

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Value of Independent Directors for the Family Corporation

In the wake of the financial scandals of the early 2000s, a push was made to increase the number of independent directors on public company boards. Most public companies are required to have a majority of independent directors…more

Audit Committee, Family Businesses, Independent Boards, Privately Held Corporations

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Alaska Passes Initiative to Legalize Recreational Use of Marijuana—What Does that Mean for Employers?

Alaska voted on Nov. 4, 2014, to decriminalize possession, use, display, purchase, and transport of marijuana. Alaska has now joined Colorado, Washington, Oregon, and Washington, D.C. in legalizing recreational marijuana use…more

Decriminalization of Marijuana, Drug Testing, Employer Liability Issues, Employment Policies, Marijuana

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OIG Fraud Alert: Physicians in the Cross Hairs

On June 9, 2015, the Department of Health and Human Services Office of Inspector General (OIG) issued a Fraud Alert focused on physician relationships. The Alert cautions physicians who enter into compensation arrangements such…more

Anti-Kickback Statute, Fair Market Value, Fraud Alerts, Healthcare, HHS

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Amendment To The FCC’s Effective Competition Rules: Implementation Of Section 111 Of STELAR

On June 2, 2015, the FCC adopted an Order implementing Section 111 of the STELA Reauthorization Act of 2014 (STELAR), which required the FCC to streamline its longstanding effective competition rules for small cable operators…more

Cable Television Providers, Communications Act of 1934, Competition, Competition Authorities, FCC

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Tools to Defend Against Securities Litigation Arising out of Cross-Border M&A Transactions

Litigation following a merger involving publicly traded companies has become so commonplace in recent years that shareholder lawsuits challenging proposed mergers and acquisitions are frequently (and begrudgingly) referred to as…more

Cross-Border Transactions, Defense Strategies, Publicly-Traded Companies, Securities Litigation, Shareholder Litigation

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New Measures Clarify Consumer Protection Rights in China, Stipulate Penalties for Misconduct

On Jan. 5, 2015, the Chinese State Administration for Industry and Commerce (“SAIC”) promulgated the Penalty Measures for Infringement on the Rights and Interests of Consumers (the “Measures”), which will take effect on March…more

China, New Legislation, Popular, SAIC

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FCC Proposes Unprecedented Fine of $100 Million for Alleged Violations of Open Internet Transparency Rule

The FCC issued a Notice of Apparent Liability (“NAL”) to AT&T for alleged violations of the 2010 Open Internet “transparency rule.” The FCC contends that AT&T “willfully and repeatedly” violated the rule by: (1) using the…more

AT&T, Broadband, Data Plan, Disclosure Requirements, FCC

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EEOC’s Tough Enforcement Stance Against Criminal Background Checks

Earlier this year, the EEOC issued new Enforcement Guidance warning private sector employers that they could face litigation unless they significantly restrict the use of arrest and conviction records in hiring, promotion, and…more

Arrest and Conviction Records, Criminal Background Checks, EEOC, Enforcement Guidance, Strategic Enforcement Plan

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An Overview of the CFPB’s Proposed Prepaid Account Rule

The CFPB’s proposed prepaid account rule was published in the Federal Register today, kicking off a 90-day comment period for the public to voice their support or objections to the Bureau’s proposed revisions to Regulation E and…more

CFPB, Comment Period, Prepaid Payment Products, Regulation E, Regulation Z

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Extension of Participant Fee Disclosure Deadline Is Available for 2013 or 2014

The Department of Labor has provided plan administrators with a one-time opportunity to delay annual distribution of investment information to retirement plan participants for up to 6 months in 2013 or 2014…more

Benefit Plan Sponsors, Deadlines, Delays, DOL, ERISA

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Open Internet Rules Become Effective June 12: Impact on Pole Attachments

On Friday, June 12 – barring a judicial stay – many of the FCC’s “Open Internet” rules will become effective. A significant consequence of the reclassification of retail broadband Internet access service (BIAS) as a…more

Broadband, Cable Operators, FCC, Open Internet Rules, Pole Attachment Order

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California Supreme Court Broadens Borrower Fraud Defense to Written Loan Agreements

The California Supreme Court handed down a unanimous decision earlier this week, broadening the scope of the “fraud exception” to the parol evidence rule, to allow a plaintiff challenging the terms of a written agreement to…more

Bank of America, Borrowers, Foreclosure, Fraud Exception, Lenders

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State Supreme Court Strikes Down Washington’s Anti-SLAPP Statute

The Washington Supreme Court this morning invalidated the state's broad anti-SLAPP statute, holding in a unanimous opinion that the law violates the constitutional right to a jury trial. The decision strikes the statute in its…more

Anti-SLAPP, Defamation, First Amendment, Free Speech, Olympia Food Co-op

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Congressional Payments Technology Caucus Formed

Innovation in the payments industry continues to accelerate as both established and emerging companies invest significant resources in the development of new payment systems and technologies. Recognizing the challenge that…more

Emerging Growth Companies, Legislative Agendas, Payment Systems, Technology

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Encouraging Gas Development in China—A Work In Progress

The Chinese government recently issued several reform measures intended to open up its gas industry to foreign oil and gas developers. An inflow of foreign capital and technology, it is hoped, will spur construction of the…more

China, Entergy, Foreign Investment, Infrastructure, Oil & Gas

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Alaska Supreme Court Says Exploration is a Transfer of Interest in State Land, Cannot Be Allowed Without Full Public Notice and Comment - Also Sides with Public Interest Litigants on Fee Shifting

The Alaska Supreme Court’s recent decision in Nunamta Alukestai v. Pebble Limited Partnership, No. 7011 (Alaska filed May 29, 2015) significantly alters the permitting process for projects within the jurisdiction of the…more

AK Supreme Court, Department of Natural Resources, Energy Sector, Fee-Shifting, Land-Use Permits

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Directors of Nonprofit Held Financially Liable for Relying on Incompetent Officers and Lack of Oversight

In a striking decision earlier this year, the 3rd Circuit Court of Appeals affirmed a jury’s findings of liability for breach of fiduciary duties and ‘deepening insolvency,’ and the award of $2.25 million in compensatory…more

Appeals, Board of Directors, Chapter 11, Commercial Bankruptcy, Corporate Officers

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When Food Production Leads to Prosecution

Over the last few weeks, two big stories have made headlines in the food industry. Beginning in early February, news media across Europe began reporting that food products tested in several European countries contained…more

Certificates of Analysis, DOJ, EU, FDCA, Food Contamination

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CMS Releases Proposed Rules Allowing Meaningful Use CEHRT Flexibility and Extending Stage 2

CMS recently issued proposed rules that would modify 2014 EHR certification requirements and revise the meaningful use Stage 2 and Stage 3 timeline. In response to industry complaints that many eligible professionals and…more

CEHRT, Certifications, CMS, EHR, Healthcare

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Cloud Computing: Evolving Contracting Practices

The explosion of cloud computing is creating new common standards and changing industry contracting practices for access to these services. Cloud services providers tend to provide standard contractual terms that are largely…more

Cloud Computing, Contract Drafting, Contract Formation, Negotiations, Software

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Good News: California Extends Its Medical Data Breach Notification Requirement From 5 to 15 Days

On Sept. 18, 2014, California’s governor approved Assembly Bill 1755, extending California’s stringent breach notification deadline for medical information breaches from five business days to 15 business days for clinics, health…more

Breach Notification Rule, Data Breach, EHR, Healthcare, Personally Identifiable Information

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9th Circuit Determines that California Law Restricts a “No-Rehire” Provision in a Settlement Agreement

Under California law, “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” (Bus. & Prof. Code §16600) The prohibition pertains even if the…more

Business & Professions Code, Contract Terms, Employer Liability Issues, Hiring & Firing, Settlement Agreements

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Prepare Now for New FLSA “White-Collar” Exemption Regulations

The U.S. Department of Labor’s proposed regulations dramatically reducing the number of employees who qualify for the white-collar overtime exemptions to the federal Fair Labor Standards Act are expected to be announced publicly…more

Corporate Counsel, DOL, Exempt-Employees, FLSA, OIRA

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Estate, Gift, and GST Taxes in 2013: American Taxpayer Relief Act of 2012 and Other News

The American Taxpayer Relief Act of 2012 (the “Act”) was signed into law on Jan. 2, 2013, avoiding dramatic changes to tax exemptions and tax rates on transfers subject to federal estate, gift, and generation-skipping transfer…more

American Taxpayer Relief Act, Estate Tax, Generation-Skipping Transfer, Gift-Tax Exemption, Retirement Plan

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Wake-Up Call: Second Circuit Declares NSA’s Mass Telephone Surveillance Program Illegal; Defers Injunction While Congress Ponders Renewal of Key PATRIOT Act Provision

Whatever your opinion of Edward Snowden, the shockwaves from his leaks of classified material continue to roil all three branches of the federal government. The latest wave broke last week when the United States Court of Appeals…more

ACLU, ACLU v Clapper, Appeals, Data Collection, Metadata

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Ways to Make Your Family Business More Family Friendly

Family businesses face many hurdles. One of the biggest hurdles for family businesses (as for all businesses) is keeping and retaining talent. Family businesses have to compete for talent against bigger, more established…more

Compensation & Benefits, Family Businesses, Professional Development, Recruitment Incentives

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Directors of Nonprofit Held Financially Liable for Relying on Incompetent Officers and Lack of Oversight

In a striking decision earlier this year, the 3rd Circuit Court of Appeals affirmed a jury’s findings of liability for breach of fiduciary duties and ‘deepening insolvency,’ and the award of $2.25 million in compensatory…more

Appeals, Board of Directors, Chapter 11, Commercial Bankruptcy, Corporate Officers

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Preparing for the Aug. 29 Restaurant Workers Strike and Beyond

Non-union restaurant workers are being urged to strike nationally on Aug. 29 by unions and others hoping to raise industry wages and promote union representation…more

Employee Rights, Non-Union, Restaurant Industry, Strike, Wage and Hour

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IRS Ordered to Make Non-Profit Form 990s Available In a Useful Electronic Format

Federal agencies cannot avoid their obligation to disclose public records in modern electronic formats merely by invoking budgetary constraints, a judge has ruled in a rare decision exploring the scope of the Electronic Freedom…more

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IRS Issues New Guidance for Exempt Hospitals: Proposed Procedures for Correcting and Disclosing Violations of Section 501(r)

The IRS has issued new guidance to assist Section 501(c)(3) nonprofit hospital organizations in complying with the requirements of Section 501(r), enacted by the Affordable Care Act…more

501(c)(3), Exempt Organizations, Hospitals, IRS, Non-Profits

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Co-branding Credit Cards with Charities: Commercial Co-Venture Issues

A cobranded credit card program in which the “merchant” is in fact a charity may be subject to special rules relating to the regulation of “commercial co-ventures” (also known as “cause-related marketing”). Issuers and charities…more

Cause Marketing, Charitable Donations, Charitable Organizations, Co-Ventures, Credit Cards

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9th Circuit Determines that California Law Restricts a “No-Rehire” Provision in a Settlement Agreement

Under California law, “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” (Bus. & Prof. Code §16600) The prohibition pertains even if the…more

Business & Professions Code, Contract Terms, Employer Liability Issues, Hiring & Firing, Settlement Agreements

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Ecology to hold public meetings on updates to human health criteria in Washington’s water quality standards

On September 12 and 16, 2013, Ecology will hold public meetings at its headquarters in Lacey, Washington regarding its rulemaking to update Washington’s surface water quality standards…more

Drinking Water, EPA, Public Safety, Toxic Exposure, Water

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Do You Need a Living Trust?

There is a good chance that someone you know, perhaps a friend, family member, or financial advisor, has told you that you need a “Living Trust” rather than a Will. Are they right? Living Trusts have become increasingly popular…more

Estate Planning, Living Trust

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Legislation Proposed to Ban Mandatory Arbitration Clauses

On April 29, 2015, Senator Al Franken (D-MN) and Representative Hank Johnson (D-GA) introduced the Arbitration Fairness Act of 2015 (AFA), which would amend the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (FAA), by…more

Arbitration, Federal Arbitration Act, Mandatory Arbitration Clauses, Proposed Amendments

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Estate, Gift, and GST Taxes in 2013: American Taxpayer Relief Act of 2012 and Other News

The American Taxpayer Relief Act of 2012 (the “Act”) was signed into law on Jan. 2, 2013, avoiding dramatic changes to tax exemptions and tax rates on transfers subject to federal estate, gift, and generation-skipping transfer…more

American Taxpayer Relief Act, Estate Tax, Generation-Skipping Transfer, Gift-Tax Exemption, Retirement Plan

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New Form Factors in Cobrand and Private-Label Credit Card Program Agreements

Most current cobrand and private-label agreements involve one or, more usually, two parties that are issuing, branding or developing non-traditional form factors alongside or in lieu of plastic cards. Some of these form factors…more

Brand, Credit Cards, Mobile Payments, Servicing Agreements

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FCC Uses Industry Requests for TCPA Clarity to “Close Loopholes” and “Empower Consumers” Rather Than to Afford More Than Token Relief to Petitioners

The Federal Communications Commission (FCC) adopted a Declaratory Ruling and Order that resolves 19 petitions for declaratory ruling, one rulemaking petition and one petition for clarification, all arising out of an upsurge in…more

Class Action, Declaratory Rulings, FCC, Petition for Rulemaking, TCPA

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The Fed’s Goals, Strategies, and Tactics for an Improved U.S. Payment System

The Federal Reserve System recently issued a paper titled Strategies for Improving the U.S. Payment System that provides a roadmap for end-to-end payment system advances over the short and long term…more

Federal Reserve, Information Reports, Payment Systems

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Interconnected VoIP Providers Gain Direct Access to Telephone Numbers

On Monday, June 22, 2015, the FCC released a Report and Order establishing a process to authorize interconnected VoIP providers to obtain direct access to telephone numbers. Once the process takes effect (after approval by OMB,…more

FCC, Telecommunications, VoIP, Wireless Industry

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CSBS Emerging Payments Task Force Issues Virtual Currency Policy Framework

The recently formed Emerging Payments Task Force of the Conference of State Bank Supervisors (CSBS) issued a proposed policy on state virtual currency regulation on Dec. 16, 2014 (the “Policy”). The Policy identifies core public…more

Bitcoins, BitLicense, BSA/AML, CSBS, Licensing Rules

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“Predominant economic interest” — CashCall, Inc. v. Morrisey

PLA today posts (alongside the already-posted public WebBank deals) a petition for certiorari filed in the U.S. Supreme Court a few months back in the CashCall rent-a-charter / true lender litigation. In this case, West…more

Banking Sector, CashCall, Lenders, Petition for Writ of Certiorari, SCOTUS

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California Court Clarifies Controversial Questions About Medical Staff Peer Review Decisions and the Power of Hospital Boards

Two recent California Court of Appeal opinions decide issues of first impression in the medical staff peer review arena, helping to resolve questions that have long been uncertain and controversial. In the first of the two cases…more

Healthcare, Healthcare Professionals, Hospitals, Peer Review

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Supreme Court to Revisit the Plaintiff-Friendly “Fraud-on-the-Market” Presumption in Securities Fraud Class Actions

The U.S. Supreme Court is set to decide a case this term that could significantly affect the viability of securities fraud class actions against public companies. The case, Halliburton Co. v. Erica P. John Fund, Inc., will…more

Class Action, Fraud, Fraud-on-the-Market, Halliburton, SCOTUS

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Co-branding Credit Cards with Charities: Commercial Co-Venture Issues

A cobranded credit card program in which the “merchant” is in fact a charity may be subject to special rules relating to the regulation of “commercial co-ventures” (also known as “cause-related marketing”). Issuers and charities…more

Cause Marketing, Charitable Donations, Charitable Organizations, Co-Ventures, Credit Cards

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Non-Settling CERCLA Defendants Beware: Ninth Circuit Provides Lower Courts with Discretion to Allocate Liability Using Equitable Factors

There is a split of authority on how credits for settlements under the Comprehensive Response, Compensation and Liability Act (“CERCLA”) are allocated to non-settlors. Some courts have applied the proportionate share approach,…more

CERCLA, Proportionality, Settlement, Tort Responsibility Act (UCATA)

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Oregon Passes Mandatory Paid Sick Leave Law

As expected, Oregon has enacted a mandatory paid sick leave law, making it the fourth state to do so. The law requires employers with more than 10 Oregon employees to provide those employees with up to 40 hours of paid sick…more

Employee Rights, New Legislation, Paid Sick Leave Act

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1st Circuit Limits Secured Lender’s Right to Post-Petition Interest by Applying Flexible Standard

In an important decision for lenders, the 1st Circuit Court of Appeals recently decided In re SW Boston Hotel Venture LLC, holding that a bankruptcy court was right to give a lender a claim for post-petition interest beginning…more

Commercial Bankruptcy, Hotels, Secured Lenders

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New York State Attorney General Issues Guidance on the Conflict of Interest and Whistleblower Policy Provisions of the New York Non-Profit Revitalization Act of 2013

The New York State Attorney General’s Charities Bureau recently issued written guidance on certain provisions of the New York Non-Profit Revitalization Act of 2013 (the “Act”), including provisions on audit oversight (discussed…more

Attorney Generals, Charitable Trusts, Conflicts of Interest, Disclosure Requirements, New Guidance

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FCC Chairman Issues Fact Sheet Announcing Proposed Omnibus Declaratory Rulings to Address TCPA Petitions

On Wednesday, May 27, 2015, the FCC released a Fact Sheet announcing that Chairman Wheeler circulated a proposal to the other Commissioners for resolution of two dozen pending petitions seeking clarification of the FCC’s rules…more

Class Action, Declaratory Judgments, FCC, Privacy Laws, Robocalling

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Vanity Fair Prevails in Libel Suit Brought by Oleg Cassini’s Widow

Oleg Cassini, the designer who created Jacqueline Kennedy’s iconic styles, had been linked or married to the most beautiful women of his day – Grace Kelly, Marilyn Monroe, Anita Ekberg, Gene Tierney, among countless others. But…more

Dismissals, Intentional Infliction of Emotional Distress, Libel, Oleg Cassini, Statute of Limitations

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Annual Diversity “Green Card” Lottery Registration Period: Oct. 1 to Nov. 3, 2014

Registration for the U.S. Department of State’s electronic Diversity Visa (DV) “green card” lottery for fiscal year 2016 will begin at 12:00 noon U.S. Eastern Daylight Time on Wednesday, Oct. 1, 2014. Entries must be submitted…more

DIversity Lottery, Green Cards, Immigrants, Visas

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New Rules Allow Members of Oregon Nonprofit Corporations to Participate in Meetings Remotely

As of Jan. 1, 2014, members of Oregon nonprofit corporations may participate in membership meetings by remote communication, provided certain safeguards are in place. Directors of Oregon nonprofit corporations have long been…more

Non-Profits, Public Meetings, Telecommunications, Telecommuting

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China’s New Online Information Protection Law

On Dec. 28, 2012, the Standing Committee of China’s National People’s Congress enacted a 12-article Decision on Strengthening Online Information Protection (the “Decision”), without public consultation and after just one…more

China, Data Protection, Internet, Internet Privacy Protection Acts, ISPs

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Federal Reserve Banks Payment System Improvements Project Moves Forward

Keep your eye on this one. In the fall of 2013, the Federal Reserve Banks launched a study of the US payments system. The study has three targets: first, a faster payment system; second, a more secure payment system; and…more

Banks, Cross-Border, Cross-Border Transactions, Federal Reserve, Payment Systems

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Washington State Producers and Retailers of Mercury-Containing Lights Face New Regulations

The New Year brought with it new obligations for any company that produces or sells mercury-containing lights in (or into) Washington State. As of January 1, 2015, the State’s recycling program and corresponding funding…more

Manufacturers, Mercury, Recycling, Retailers

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FERC Proposes Tighter “Hold-Harmless” Commitment Standards for Utility Mergers

The Federal Energy Regulatory Commission (FERC) is proposing to revise its standards for determining whether proposed utility mergers and other asset transfer transactions subject to its jurisdiction under Section 203 of the…more

Asset Transfer, Contract Negotiations, Electricity, Federal Power Act, FERC

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New 2014 Oregon Employment Laws

Oregon employers are directly affected by several new laws recently passed by the legislature. Most changes went into effect on Jan. 1, 2014, unless otherwise noted. We’ve compiled a summary of the most significant changes for…more

Compliance, Employee Rights, Minimum Wage, Paid Leave, Passwords

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Estate, Gift, and GST Taxes in 2013: American Taxpayer Relief Act of 2012 and Other News

The American Taxpayer Relief Act of 2012 (the “Act”) was signed into law on Jan. 2, 2013, avoiding dramatic changes to tax exemptions and tax rates on transfers subject to federal estate, gift, and generation-skipping transfer…more

American Taxpayer Relief Act, Estate Tax, Generation-Skipping Transfer, Gift-Tax Exemption, Retirement Plan

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Seattle Minimum Wage and Wage Theft Ordinances Take Effect April 1, 2015

Two significant wage-related ordinances take effect on April 1, 2015, impacting all employers with employees who work in Seattle, whether regularly or occasionally. The Seattle Minimum Wage Ordinance: Minimum wages rise for all…more

Local Ordinance, Minimum Wage, Wage and Hour, Wage Theft Prevention Act, Wages

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Unpaid Interns May Be Entitled to Wages and EEO Protections

Every summer, eager students beat down company doors, offering to do whatever is needed—for free—so they can include experience and a reference on their resume. But, a recent slew of lawsuits by unpaid interns has caused…more

Best Management Practices, Contract Drafting, DOL, EEOC, Employee Rights

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You May Not Be Entitled To Use Your Own Name

Working with several artisan food and alcohol producers as clients, we frequently notice that using one’s own name (first, last, or both) as a brand name in association with one’s goods is very common in these industries…more

Brand, Charles Shaw, Food Manufacturers, J Gallo Winery, McDonalds

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Mobile Application: Security Best Practices

The industry for mobile applications is growing rapidly. As companies and independent developers look to gain—or strengthen—footholds in this competitive space, the Federal Trade Commission (FTC) asks, “… is security keeping up”…more

Credit Karma, Cybersecurity, Fandango, FTC, Mobile Apps

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FTC Seeks Public Comment on AgeCheq, Inc.’s Proposed Parental Consent Method under COPPA

The Federal Trade Commission announced Monday that it seeks public comment on a new verifiable parental consent method application proposed by AgeCheq, Inc., to enable apps, websites and advertisers to obtain parental consent to…more

AgeCheq, COPPA, FTC, Mobile Apps, Online Advertisements

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California Sick Time Law: Beyond the Basics

California’s “Healthy Workplaces, Healthy Families Act of 2014,” otherwise known as California’s Paid Sick Time (or Paid Sick Leave) law, went into effect on Jan. 1, 2015, and will become operative for accrual purposes on July…more

DLSE, Employer Mandates, Healthy Workplace Act, Paid Leave, Sick Leave

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A Corporate Counsel’s Guide to Cyber Insurance

On an almost daily basis, you are reminded of why you should worry about the security of your company’s data and information systems. Whether it be from headlines in hard copy, broadcast, or online media, your senses have been…more

Corporate Counsel, Cyber Insurance, Cybersecurity, Risk Assessment, Risk Mitigation

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The Redskins Decision: What It Means and Does Not Mean

On June 18, 2014, the Trademark Trial and Appeal Board (TTAB or Board) issued its ruling in Blackhorse v. Pro Football, Inc. (TTAB Cancellation No. 92046185) cancelling the Washington Redskins’ federal trademark registrations…more

Blackhorse v Pro-Football, Disparagement, Football, Laches, Native American Issues

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New 2014 Oregon Employment Laws

Oregon employers are directly affected by several new laws recently passed by the legislature. Most changes went into effect on Jan. 1, 2014, unless otherwise noted. We’ve compiled a summary of the most significant changes for…more

Compliance, Employee Rights, Minimum Wage, Paid Leave, Passwords

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Federal Reserve Bank of Philadelphia Sponsors Small-Dollar Credit Conference

On July 11-12, 2013, DWT partner Andy Owens attended a conference organized by the Federal Reserve Bank of Philadelphia (Federal Reserve) entitled Small-Dollar Credit: Products, Economics, and Regulation…more

Consumer Lenders, Lenders, Loans, Payday Loans

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Draft of China’s New Foreign Investment Law

On Jan. 19, 2015, the Ministry of Commerce of China (“MOFCOM”) published the draft of the Foreign Investment Law (“draft”) to solicit public comments. The draft, once finalized, will replace the existing Foreign Invested Company…more

China, Foreign Investment, MOFCOM, Proposed Legislation

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Court Denies Request to Release a Video Deposition of Steve Jobs Shown During Trial

While sitting for a videotaped deposition, in one of his last public appearances, the late Apple CEO Steve Jobs swiveled impatiently in his chair and answered questions regarding Apple’s digital rights management technology in a…more

Antitrust Litigation, Depositions, Judicial Records, Privacy Concerns, Right of Access

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Purchasing D&O Insurance: What Family Owned Businesses Need to Know

One of the insurance policies every business should strongly consider having is directors and officers insurance. Regularly referred to as “D&O insurance”, this is an insurance policy covering directors and officers for claims…more

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FTC, State Regulators, and Apple Weigh in on RadioShack Customer Data Sale

RadioShack filed for Chapter 11 bankruptcy in Delaware bankruptcy court in February, seeking a court-supervised sale of $1.2 billion in assets. Included in the sale is a database of customer information from about 1,700 stores…more

Apple, Business Assets, Chapter 11, Client Data, Commercial Bankruptcy

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Ninth Circuit Recognizes Copyright Interest in Actor’s Performance in Response to Fatwa to Justify Takedown of Video

The Ninth Circuit became the first federal appellate court to hold that an actor has a copyright interest in her performance, holding that a district court abused its discretion in denying a motion for preliminary injunction…more

Actors, Copyright, First Amendment, Free Speech, Google

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AP Wins Key Copyright Action: Reselling News Excerpts from Internet Not a Fair Use

On March 21, 2013, the U.S. District Court for the Southern District of New York issued a sweeping decision in favor of DWT’s client, The Associated Press, in its copyright infringement suit against Meltwater News, an online…more

Associated Press, Copyright, Fair Use, Infringement, Meltwater News

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EEOC Issues Proposed Wellness Regulations: Time for Another Check-Up

The Equal Employment Opportunity Commission (EEOC) has finally issued proposed regulations under the Americans with Disabilities Act (ADA) regarding wellness programs. The proposed regulations amend existing regulations and…more

ADA, Affordable Care Act, Corporate Counsel, EEOC, Health Insurance

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Supreme Court to Revisit the Plaintiff-Friendly “Fraud-on-the-Market” Presumption in Securities Fraud Class Actions

The U.S. Supreme Court is set to decide a case this term that could significantly affect the viability of securities fraud class actions against public companies. The case, Halliburton Co. v. Erica P. John Fund, Inc., will…more

Class Action, Fraud, Fraud-on-the-Market, Halliburton, SCOTUS

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California Air Resources Board-Commissioned Report Recommends Ways to Avoid Price Volatility in California’s Cap and Trade Market

Concerned about the potential for price volatility in its cap and trade program, the California Air Resources Board (CARB) commissioned the Market Simulation Group (MSG) at the University of California Energy Institute to look…more

California Air Resources Board, Cap-and-Trade, Carbon Emissions, Environmental Policies, Greenhouse Gas Emissions

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Court Ruling May Subject Hospitals and Health Care Providers to OFCCP Regulation

Hospitals, health care providers, and managers of other businesses across the country may be surprised to learn that under a new federal court ruling, their organizations may now qualify as government contractors or…more

Affirmative Action, Appeals, Compliance, Consent, Healthcare

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Virtual Currency Round-Up: NY Mulls Bitcoin License; FinCEN Issues Opinion Letters on Bitcoin Mining, Software Providers and Bitcoin Investment Activity; Bitcoin is Money, Says WA DFI

New York Department of Financial Services Superintendent Benjamin Lawsky said the agency is considering a “BitLicense” in hearings held Jan. 28-29 in New York City. The Department will develop a virtual currency regulatory…more

Bitcoins, FinCEN, Virtual Currency

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California Governor Aims to Reduce Emissions 40 Percent Below 1990 Levels by 2030

In an Executive Order issued yesterday, California Governor Jerry Brown set “a new interim statewide greenhouse gas emission reduction target to reduce greenhouse gas emissions to 40 percent below 1990 levels by 2030 is…more

Climate Change, CPUC, Drought, Energy Sector, Executive Orders

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USAC Creates “VP of Stakeholder Engagement” Position

USAC has created a new position, Vice President of Stakeholder Engagement, and has selected Kate Hays to serve as the first person in that role. Prior to joining USAC, Ms. Hays served as COO and Senior Digital Strategist at…more

Lifeline Program, Telecommunications, USAC

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Trouble Ahead for One-Day Inpatient Stays: New Pre-Billing Challenges Loom

On Aug. 19, CMS published a final rulemaking that may effectively eliminate DRG Part A payments for most acute care inpatient stays of one day…more

CMS, Healthcare, Hospitals, Medical Expenses, Medicare

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New Immigration Regulations Authorize Employment for Certain H-4 Spouses

Starting May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants will be permitted to apply for work authorization in the United States. Those permitted to work include individuals in H-4 status whose H-1B spouses have…more

DHS, Employment Authorization Document, H-1B, H-4 Spouses, Spouses

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Alaska Legislature Approves Lower Quorum Requirements for Alaska Native Corporations

The Alaska state legislature recently passed a bill reducing quorum requirements for certain Alaska Native Corporations at their annual shareholder meetings. Under HB 149, which is expected to be signed into law by Alaska…more

Corporate Governance, Native American Issues, New Legislation, Quorum, Shareholder Meetings

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Federal Tax Benefits Expanded to Certain Same-Sex Couples by U.S. Supreme Court

With the U.S. Supreme Court’s landmark ruling in United States v. Windsor on June 26, 2013, same–sex couples legally married in a state that recognizes same-sex marriage, and who reside in such a state, are now governed by the…more

Civil Unions, DOMA, Domestic Partnership, Employee Benefits, Estate Tax

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No Harm, Still Foul? Florida Court Approves Data-Breach Class Action Settlement

Data-breach class action suits may have just gained significant traction. On Feb. 28, 2014, the U.S. District Court for the Southern District of Florida approved a first of its kind class action data breach settlement that will…more

Class Action, Data Breach, Data Protection, Settlement

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California Updates Existing Utility Pole Rules to Improve Safety and Reliability

The California Public Utilities Commission (“CPUC”) released a unanimous decision amending the rules governing design, construction, and maintenance of outdoor overhead power and communication lines. The 16 amendments are…more

CPUC, Infrastructure, Public Utility, Telecommunications

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SCOTUS Clears District Court Jam Over Test for Standing in False Advertising Cases

Printing has not been this interesting since Dwight Schrute and Jim Halpert bickered over paper sales and Michael Scott told off-color jokes in “The Office.” Last week, the U.S. Supreme Court stepped into the laser…more

Advertising, AT&T, False Advertising, Lanham Act, Lexmark

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Hold the Phone! Washington Adopts Telemedicine Parity Law

On April 17, Washington Governor Jay Inslee signed Substitute Senate Bill 5175 (the “Parity Law”), which expands coverage for telemedicine services paid by health plans in the state of Washington. With the new law, Washington is…more

Governor Inslee, Health Insurance, Healthcare, New Legislation, Popular

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Berkeley's Measure D: What Distributors, Restaurants and Retailers need to know about the Berkeley "Sugar Tax"

According to its backers, the Berkeley “Sugar Tax” is the future of sugar in America. Berkeley’s Measure “D,” which garnered an overwhelming 75% “yes” vote, imposes a general excise tax of $0.01 per ounce on the distribution of…more

Distributors, Food Manufacturers, Grocery Stores, Local Ordinance, New Legislation

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Shooting the Messenger? Websites could face greater liability for third-party content in the EU

Three developments in the last two months suggest websites face greater liability for content authored by third parties in the European Union—including reader comments, posts on message boards and social networks, and search…more

Corporate Counsel, Duty of Care, E-Commerce, EU, France

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Marijuana, Banking, and the “10-Foot Pole”

On February 14, 2014, the Financial Crimes Enforcement Network (“FinCEN”) issued guidance aimed at clarifying Bank Secrecy Act expectations for financial institutions interested in providing services to marijuana-related…more

Bank Secrecy Act, DOJ, FinCEN, Marijuana, Medical Marijuana

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Tools to Defend Against Securities Litigation Arising out of Cross-Border M&A Transactions

Litigation following a merger involving publicly traded companies has become so commonplace in recent years that shareholder lawsuits challenging proposed mergers and acquisitions are frequently (and begrudgingly) referred to as…more

Cross-Border Transactions, Defense Strategies, Publicly-Traded Companies, Securities Litigation, Shareholder Litigation

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Culture Shock: A Retailer’s Initial Lending Program With a Bank

Many retailers and OEMs have engaged banks to provide private-label credit to their individual and small-business customers, or have joined with banks in offering them cobranded general-purpose credit. Many other retailers/OEMs…more

Banks, Lending, OEM, Retailers, Small Business

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Mayor Signs NYC Ban on Use of Credit Checks in Employment Decisions

On May 6, 2015, New York City Mayor Bill de Blasio signed into law a bill amending the city’s Human Rights Law to prohibit employers from using an individual’s credit history to make employment decisions. The law will become…more

Credit Checks, Hiring & Firing, Human Rights, Local Ordinance, NYCHRL

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Screenwriter SLAPPs Down Libel-in-Fiction Claim

In a victory for all authors of fiction, a screenwriter of the film “What Maisie Knew” has successfully defended a lawsuit that sought to hold him liable for defamation based on the portrayal of a character drawn from an 1897…more

Anti-SLAPP, Books, Defamation, Film Industry, First Amendment

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New Jersey Supreme Court Adopts Restrictive Test for “Independent Contractor” Status

The New Jersey Supreme Court recently adopted a new test making it more difficult for New Jersey employers to classify workers as independent contractors. In a lawsuit brought by contract delivery drivers against a chain of…more

ABC Test, Employee Definition, Employer Mandates, Independent Contractors, New Regulations

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SOX Whistleblower Protections Now Cover Employees of Private Contractors

Until this month, the onerous (for employers) anti-retaliation protection in Section 1514A of the Sarbanes-Oxley Act (SOX) only applied to employees of publicly traded corporations. But, in a widely reported decision, Lawson v…more

Contractors, FMR LLC, Lawson v FMR, Sarbanes-Oxley, Subcontractors

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Charging Forward: California PUC Expands Utility Role in EV Charging Infrastructure Deployment

Yesterday, in a final decision that has not yet been issued, the California Public Utilities Commission (CPUC) overturned its blanket prohibition on utility ownership of electric vehicle (EV) service equipment (such as EV…more

Auto Manufacturers, Automotive Industry, CPUC, Utilities Sector

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Interconnected VoIP Providers Gain Direct Access to Telephone Numbers

On Monday, June 22, 2015, the FCC released a Report and Order establishing a process to authorize interconnected VoIP providers to obtain direct access to telephone numbers. Once the process takes effect (after approval by OMB,…more

FCC, Telecommunications, VoIP, Wireless Industry

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Vanity Fair Prevails in Libel Suit Brought by Oleg Cassini’s Widow

Oleg Cassini, the designer who created Jacqueline Kennedy’s iconic styles, had been linked or married to the most beautiful women of his day – Grace Kelly, Marilyn Monroe, Anita Ekberg, Gene Tierney, among countless others. But…more

Dismissals, Intentional Infliction of Emotional Distress, Libel, Oleg Cassini, Statute of Limitations

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California Supreme Court Broadens Borrower Fraud Defense to Written Loan Agreements

The California Supreme Court handed down a unanimous decision earlier this week, broadening the scope of the “fraud exception” to the parol evidence rule, to allow a plaintiff challenging the terms of a written agreement to…more

Bank of America, Borrowers, Foreclosure, Fraud Exception, Lenders

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Compliance Guidelines for Governing Boards: Some Further Thoughts and Comments

On April 20, 2015, four organizations (including OIG, American Health Lawyers Association, the Association of Healthcare Internal Auditors and the Health Care Compliance Association) issued “Practical Guidance for Health Care…more

Board of Directors, Chief Compliance Officers, Corporate Governance, Health Care Providers, Healthcare

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E-rate Funding Year 2015 Filing Window Extended until April 16, 2015

Late last week, USAC announced an extension of the application deadline for Funding Year 2015 (July 1, 2015-June 30, 2015). FCC Form 471 applications must be submitted on or before 11:59:59 pm EDT on Thursday, April 16, 2015…more

Applications, E-Rates, FCC, Filing Deadlines, Time Extensions

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FCC Releases Full Text of Order Preempting State Laws Limiting Municipal Broadband

On March 12, 2015, the Federal Communications Commission released the text of its order preempting provisions of North Carolina and Tennessee law that allow municipalities to provide broadband service but otherwise limit the…more

Broadband, FCC, Municipalities

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Penalty! The California Court of Appeal Calls Foul on the NCAA’s Attempt to Seal Records of the USC/Reggie Bush Investigation

In a significant victory for open court filings, the California Court of Appeal rejected an effort by the National Collegiate Athletic Association (“NCAA”) to seal 400 pages of documents in a dispute between the NCAA and a…more

Anti-SLAPP, Appeals, College Athletes, Discovery, First Amendment

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Significant Amendments to COPPA Proposed in Do Not Track Kids Act

Reigniting their previous bipartisan attempts to amend the Children’s Online Privacy Protection Act (COPPA) and add greater privacy protections for children and younger teens, U.S. Senator Edward Markey (D-Mass.) and Rep. Joe…more

COPPA, Data Collection, Do Not Track, Minors, Proposed Amendments

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President Obama Unveils Climate Action Plan

President Obama published a formal Climate Action Plan last month, announcing the plan in a speech delivered at Georgetown University. The plan organizes the President’s executive actions under three pillars..…more

Barack Obama, Carbon Capture and Sequestration, Carbon Emissions, Clean Energy, Climate Action Plan

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The CFPB and the Technological Revolution

The Consumer Financial Protection Bureau (CFPB) Director Richard Cordray emphasized during the CFPB’s September 11, 2014, meeting with the Consumer Advisory Board the CFPB’s new focus on protecting consumers who use mobile…more

CFPB, Dodd-Frank, Mobile Apps, Mobile Devices, Mobile Payments

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US Supreme Court Nixes EPA Regulations on Mercury Emissions – Must Consider Costs Early!

In Michigan v. EPA, the U. S. Supreme Court invalidated EPA’s rules limiting emissions of mercury and other pollutants from power plants, ruling that EPA inappropriately ignored the costs of regulation – particularly compliance…more

Air Pollution, Clean Air Act, Discharge of Pollutants, EPA, Mercury

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FTC, State Regulators, and Apple Weigh in on RadioShack Customer Data Sale

RadioShack filed for Chapter 11 bankruptcy in Delaware bankruptcy court in February, seeking a court-supervised sale of $1.2 billion in assets. Included in the sale is a database of customer information from about 1,700 stores…more

Apple, Business Assets, Chapter 11, Client Data, Commercial Bankruptcy

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Oregon Initiative Legalizes Recreational Use of Marijuana—What Does that Mean for Employers?

On Nov. 4, 2014, Oregon voted to decriminalize, regulate, and tax the production, delivery, and possession of marijuana. Oregon joins Alaska, Colorado, Washington, and Washington, D.C. in legalizing recreational marijuana use…more

Decriminalization of Marijuana, Employment Policies, Marijuana, New Legislation

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FCC Adopts New Rules, Proposes Further Reforms for Lifeline Program

Last week, the FCC released its second major order in the Lifeline reform proceeding: Second Further Notice of Proposed Rulemaking, Order on Reconsideration, Second Report and Order, and Memorandum Opinion and Order (hereinafter…more

Broadband, ETCs, FCC, Lifeline Program, OMB

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Case Studies on Labor Dispatch

“Labor dispatch” is an arrangement under which an employee is hired by an employment agent (i.e., nominal employer) and then dispatched to work for another company (i.e., actual employer). Typically, there would be (i) an…more

China, Employment Contract, Hiring & Firing, Labor Dispatch Services, Multinationals

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The CFPB’s Final Report on Pre-Dispute Arbitration Clauses

On March 10, 2015, the CFPB issued its long-awaited Arbitration Study analyzing the use of pre-dispute arbitration provisions in connection with consumer financial products or services. In the 728-page report, as well as during…more

Arbitration, CFPB

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Broadcast Station Reminder -- Quarterly Filings and Requirements: Issues/Programs Lists; Children’s Programming; Commercial Limits; Closed Captioning and Class A TV Eligibility

By April 10, 2015, all radio and television broadcast stations, both commercial and noncommercial, must prepare a list of important issues facing their communities of license, and the programs aired during January, February and…more

Children's TV Programming, Closed Captioning, FCC, Public Disclosure, Radio Stations

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Seattle Minimum Wage and Wage Theft Ordinances Take Effect April 1, 2015

Two significant wage-related ordinances take effect on April 1, 2015, impacting all employers with employees who work in Seattle, whether regularly or occasionally. The Seattle Minimum Wage Ordinance: Minimum wages rise for all…more

Local Ordinance, Minimum Wage, Wage and Hour, Wage Theft Prevention Act, Wages

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FCC Updates Network Outage Reporting Requirements

On March 30, 2015, the FCC issued a Notice of Proposed Rule Making, Second Report and Order, and Order on Reconsideration (“Order”). The Order updates the FCC’s “Part 4” network outage reporting rules to reflect technological…more

FCC, NPRM, Reporting Requirements, Wireless Industry, Wireless Technology

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Court of Appeals Rejects Constitutional Challenges to Anti-SLAPP Statute, Affirms Dismissal of Lawsuit Targeting Allegedly Unlawful Boycott and $10,000 Statutory Award for Each Defendant

In one of the first published decisions to interpret Washington’s new anti-SLAPP statute, the Washington Court of Appeals this week affirmed a trial court’s dismissal of a lawsuit that arose from a consumer boycott of Israeli…more

Anti-SLAPP, First Amendment, Olympia Food Co-op

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Update: Senate Hearing Vents Lifeline Concerns, Proposals In Advance of New FCC Rulemaking

As previously reported, on June 2 the U.S. Senate’s Subcommittee on Communications, Technology, Innovation and the Internet held a hearing on “Lifeline: Improving Accountability and Effectiveness,” in anticipation of the FCC’s…more

FCC, Legislative Agendas, Legislative Committees, Lifeline Program, NPRM

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Five Tips To Launching A Franchise Program Successfully

CONGRATULATIONS! You’ve spent years building your business, developing a loyal following, and honing your operations into a replicable format. You own two, three or maybe ten different locations, all profitable, and understand…more

Franchise Agreements, Franchise Disclosure Document, Franchise Investment Law, Franchises

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State Supreme Court Strikes Down Washington’s Anti-SLAPP Statute

The Washington Supreme Court this morning invalidated the state's broad anti-SLAPP statute, holding in a unanimous opinion that the law violates the constitutional right to a jury trial. The decision strikes the statute in its…more

Anti-SLAPP, Defamation, First Amendment, Free Speech, Olympia Food Co-op

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U.S. Steps Up Efforts to Make “Safe Harbor Safe Again” – FTC, Justice Department Work to Keep EU Happy and Avoid Pull Back from Safe Harbor

Within the span of two days, both the Federal Trade Commission (FTC) and the U.S. Department of Justice announced initiatives meant to assuage the European Union’s concerns over trans-Atlantic data flows and to secure Europe’s…more

CJEU, Data Protection, DOJ, Edward Snowden, EU

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Financial Statements for the Family Business: What is “Assurance” and How Much Do You Need?

Your family-owned business is growing and growing. In fact, you’re concerned it is outpacing the quality and rigor of your financial and accounting bookkeeping. At an industry event, a colleague asks if you have audited…more

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Second Circuit Issues Its Fair Use Ruling in Authors Guild v. HathiTrust

On June 10, 2014, the Second Circuit issued its decision in Authors Guild v. HathiTrust, a copyright case involving mass digitization of university library collections. The case centered on whether three actions would be…more

Authors Guild, Books, Copyright, Copyright Infringement, Fair Use

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Legislation Proposed to Ban Mandatory Arbitration Clauses

On April 29, 2015, Senator Al Franken (D-MN) and Representative Hank Johnson (D-GA) introduced the Arbitration Fairness Act of 2015 (AFA), which would amend the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. (FAA), by…more

Arbitration, Federal Arbitration Act, Mandatory Arbitration Clauses, Proposed Amendments

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EEOC Issues Proposed Wellness Regulations: Time for Another Check-Up

The Equal Employment Opportunity Commission (EEOC) has finally issued proposed regulations under the Americans with Disabilities Act (ADA) regarding wellness programs. The proposed regulations amend existing regulations and…more

ADA, Affordable Care Act, Corporate Counsel, EEOC, Health Insurance

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D.C. Circuit’s POM Wonderful Decision Calls Into Question The FTC’s Imposition Of A Two-Study Requirement

On Jan. 30, 2015, the U.S. Court of Appeals for the D.C. Circuit affirmed the FTC’s ruling that POM Wonderful made false and misleading advertising claims that its pomegranate juice products were effective in fighting various…more

Administrative Hearings, Advertising, Appeals, Clinical Trials, False Advertising

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Stolen Patient Information on Hospital Computer Not Considered “Medical Information” by California Appellate Court

The California Court of Appeal recently held that the release of an index identifying hospital patients did not constitute the release of medical information under California’s Confidentiality of Medical Information Act (CMIA),…more

Appeals, Data Breach, Healthcare, Hospitals, Medical Records

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Oregon Expands Data Breach Law

The modified law will expand the definition of personal information to include medical information and physical characteristics, and require notification to the state Attorney General. Businesses with customers in Oregon should…more

Attorney Generals, Breach Notification Rule, Data Breach, New Legislation, Personally Identifiable Information

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Special Legal Challenges in Reclassifying Wireless Broadband As a “Telecommunications Service”

As noted in the main text, the Order’s analysis of wireless broadband proceeds in two steps. First, as noted there, the Order reviews the technical and market characteristics of broadband Internet access service (BIAS) in…more

Broadband, Internet, Internet Service Providers, ISPs, Mobile Devices

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Influential Appeals Court Rejects Attempt by Former In-House Counsel to Use Privileged Information Against Company in Whistleblower Lawsuit

The pool of potential qui tam relators may have just shrunk a little, based on a recent decision by the 2nd Circuit Court of Appeals that has put the ability of in-house lawyers to become qui tam relators into serious question…more

Attorney-Client Privilege, Confidential Information, Corporate Counsel, Legal Ethics, Qui Tam

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FCC Explores Feasibility of More Precise Wireless Caller-Location Capabilities for E911 Calls From Indoor Locations and Strengthening of Existing E911 Rules

Even as privacy advocates become increasingly nervous about the extent to which our communications devices keep tabs on our whereabouts, the FCC is looking to make it easier to monitor our location more precisely, at least when …more

FCC, Geolocation, Mobile Devices, Warrantless Tracking, Wireless Industry

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Co-branding Credit Cards with Charities: Commercial Co-Venture Issues

A cobranded credit card program in which the “merchant” is in fact a charity may be subject to special rules relating to the regulation of “commercial co-ventures” (also known as “cause-related marketing”). Issuers and charities…more

Cause Marketing, Charitable Donations, Charitable Organizations, Co-Ventures, Credit Cards

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Open Internet Rules Become Effective June 12: Impact on Pole Attachments

On Friday, June 12 – barring a judicial stay – many of the FCC’s “Open Internet” rules will become effective. A significant consequence of the reclassification of retail broadband Internet access service (BIAS) as a…more

Broadband, Cable Operators, FCC, Open Internet Rules, Pole Attachment Order

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Draft of China’s New Foreign Investment Law

On Jan. 19, 2015, the Ministry of Commerce of China (“MOFCOM”) published the draft of the Foreign Investment Law (“draft”) to solicit public comments. The draft, once finalized, will replace the existing Foreign Invested Company…more

China, Foreign Investment, MOFCOM, Proposed Legislation

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Oregon Restricts Employers' Access to Private Social Media Accounts

Oregon recently joined numerous states in prohibiting employers from seeking access to employees’ or prospective employees’ private social-media accounts, personal email, and other online content…more

Employee Rights, Passwords, Social Media

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State Regulation of Broadband

The Order attempts to minimize the possibility of state regulation of broadband Internet access service (BIAS), leaving only the most limited role for the states. The Order reaffirms that BIAS is an interstate service for…more

Broadband, FCC, Internet

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Supreme Court Clarifies Test for Accommodating Pregnancy Limitations

The United States Supreme Court recently established a new test to evaluate whether an employer discriminates against a pregnant employee under the Pregnancy Discrimination Act (PDA) when it denies an accommodation or adjustment…more

Disparate Treatment, EEOC, Enforcement Guidance, PDA, Pregnancy Discrimination

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Washington’s Courts Delivers Possible Double Whammy Limiting Insurers’ Ability to Use a Late Tender Defense to Delay Providing a Defense

Liability insurance policies require notice be provided to the insurer to allow the insurers time to adequately investigate and respond to claims. An insured’s failure to provide notice to its carrier can result in the insured…more

Duty to Defend, Late Notices, Liability Insurance, Notice Requirements

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Google’s Pole Attachment Rights in California on Hold for Now

The California Public Utilities CPUC (CPUC) released a Proposed Decision on February 20, 2015 denying a petition by Google Fiber Inc. (Google) to modify the CPUC’s Video Service Provider Decision or DIVCA Order. Google’s…more

CPUC, DIVCA, Google, Utility Poles, Video Tape Service Providers

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Budding Family Business Entrepreneur? Top Three Legal Tips You Need to Know

A recent New Tech Seattle event at the Seattle Center brought together a group of interesting budding entrepreneurs. Discussions with several people led to the realization that many of them are facing the same basic legal…more

Choice of Entity, Entrepreneurs, Family Businesses, IP Assignment Agreements, Startups

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Federal Guidance Clarifies When and How Employers Can Accept California’s New AB 60 Driver’s Licenses from Possibly Unauthorized Workers to Verify Employment Eligibility

Since early 2015, qualified California residents have been able to apply for and receive a driver’s license issued by the Department of Motor Vehicles without proving that their presence in the United States is authorized under…more

DMV, Driver's Licenses, Foreign Nationals, Hiring & Firing, Human Resources Professionals

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Four Loko Liability Ruling Notable, but Not Game-Changing

A California court recently held that Four Loko is not protected from liability in a wrongful death lawsuit. Fiorini v. City Brewing Co., LLC, 2014 WL 5743133 (Cal. Ct. App. Nov. 6, 2014). In this case, the parents of a…more

Causation, Corporate Counsel, Dram Shop Laws, Four Loko, Wine & Alcohol

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What Does the New Washington Crowdfunding Law Allow?

The Washington State legislature has passed a crowdfunding bill, HB 2023. The Governor has yet to sign the bill, so it is not yet law. But hopefully it will be law soon. If you are wondering what the new law will allow, I…more

Crowdfunding

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Federal Guidance Clarifies When and How Employers Can Accept California’s New AB 60 Driver’s Licenses from Possibly Unauthorized Workers to Verify Employment Eligibility

Since early 2015, qualified California residents have been able to apply for and receive a driver’s license issued by the Department of Motor Vehicles without proving that their presence in the United States is authorized under…more

DMV, Driver's Licenses, Foreign Nationals, Hiring & Firing, Human Resources Professionals

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Public Company Alert: “Fraud-on-the-Market” Presumption Adopted in Oregon Securities Case

With the recent Oregon Supreme Court case State of Oregon v. Marsh & McLennan Companies and Marsh Inc., Oregon is among the first states to recognize the “fraud-on-the-market” theory in securities cases…more

Fraud-on-the-Market, Marsh & McLennan Companies, Securities Fraud, State Securities Claims

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Meaningful Use Stage 3 Proposed Rule: Security Risk Analysis and Patient Access

Where HIPAA and Meaningful Use intersect, does the newly released Meaningful Use Stage 3 proposed rule provide greater clarity or create more confusion? As discussed in our earlier advisory, the Meaningful Use Stage 3 proposed…more

CMS, EHR, Healthcare, HIPAA, Meaningful Use

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Case Studies on Labor Dispatch

“Labor dispatch” is an arrangement under which an employee is hired by an employment agent (i.e., nominal employer) and then dispatched to work for another company (i.e., actual employer). Typically, there would be (i) an…more

China, Employment Contract, Hiring & Firing, Labor Dispatch Services, Multinationals

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Prepare Now for New FLSA “White-Collar” Exemption Regulations

The U.S. Department of Labor’s proposed regulations dramatically reducing the number of employees who qualify for the white-collar overtime exemptions to the federal Fair Labor Standards Act are expected to be announced publicly…more

Corporate Counsel, DOL, Exempt-Employees, FLSA, OIRA

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California Bill Would Create Cyber Security Commission

In recognition of the increasing threat that cyber-attacks pose to the state's infrastructure and the considerable costs that government and private sectors are estimated to spend on cyber security (more than $70 billion…more

CPUC, Cyber Attacks, Cyber Threats, Cybersecurity, Cybersecurity Framework

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The Dark Knight, Black Panthers, Ghosts and Ginger Rogers: Increasing Protection for Use of Trademarks in Promotions for Expressive Works

Content creators of all stripes strive for realism in their depictions of the world. This is for good reason – media is more effective, and more immersive, when viewers recognize it as a reflection of the real world. Despite a…more

Advertising, Expressive Works, Film Industry, First Amendment, Name and Likeness

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California Supreme Court Holds Names of Officers in Police Shootings Should Be Disclosed

The California Supreme Court has held that the names of police officers involved in shootings generally must be disclosed under state public records law, rejecting arguments by police unions and municipalities that the names…more

Police, Police Brutality, Police Misconduct

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House of Representatives Passes National Defense Authorization Act for FY 2016

On Friday, the U.S. House of Representatives passed H.R. 1735, the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2016. Congressman Young’s amendment would replace Section 811 of the FY 2010, which introduced the…more

Alaska, Federal Contractors, Native American Issues, NDAA, Tribal Corporations

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Delaware Formally Adopts Proposed Statutory Amendments Governing Mergers Following the Completion of a Tender Offer

The governor of Delaware recently signed into law previously proposed amendments to Section 251(h) of the Delaware General Corporation Law (“DGCL”), which make Section 251(h) more accessible to deal parties by..…more

Delaware General Corporation Law, Merger Agreements, New Amendments, Shareholders, Stocks

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Upcoming HIPAA Audits May Target Financial Institutions—Here’s How to Prepare

Much like a tornado watch, the conditions appear to be right for a coming storm: the upcoming Phase 2 HIPAA audits. The Department of Health and Human Services Office for Civil Rights (OCR) has begun verifying contact…more

Audits, Covered Entities, Financial Institutions, HHS, HIPAA

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Setback for Patent Troll Under “Patent Exhaustion” Doctrine Liberates Mobile Technology

Helferich Patent Licensing’s (HPL) licensing program has been dealt a serious blow by an Illinois federal judge. On August 14, Judge John Darrah ruled that the New York Times and others could not infringe HPL’s patents because…more

Patent Exhaustion, Patent Trolls, Patents

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IRS Issues New Guidance for Exempt Hospitals: Proposed Procedures for Correcting and Disclosing Violations of Section 501(r)

The IRS has issued new guidance to assist Section 501(c)(3) nonprofit hospital organizations in complying with the requirements of Section 501(r), enacted by the Affordable Care Act…more

501(c)(3), Exempt Organizations, Hospitals, IRS, Non-Profits

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New MOFCOM Regulatory Measures on Outbound Investment Effective as of Oct. 6, 2014

On Sept. 6, 2014, the Ministry of Commerce (“MOFCOM”) promulgated the Administrative Measures for Outbound Investment (“2014 MOFCOM Measures”), replacing the original Administrative Measures for Outbound Investment that was in…more

China, MOFCOM, Outbound Acquisitions

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Shooting the Messenger? Websites could face greater liability for third-party content in the EU

Three developments in the last two months suggest websites face greater liability for content authored by third parties in the European Union—including reader comments, posts on message boards and social networks, and search…more

Corporate Counsel, Duty of Care, E-Commerce, EU, France

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Chinese Court Rules in Favor of Plaintiff in the First Antitrust Civil Action on Vertical Anti-Competitive Agreements

After judicial proceedings spanning three years, Johnson & Johnson Medical (China) Ltd. and Johnson & Johnson Medical (Shanghai) Ltd. (collectively, “J&J”) lost the antitrust action brought by Beijing Ruibang Yonghe Science and…more

Anti-Competitive, Antitrust Litigation, China, NDRC

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SEC Approves New Corporate Governance Listing Standards for Compensation Committees and Advisers

On Jan. 11, 2013, the Securities and Exchange Commission (the “SEC”) approved amended corporate governance listing standards for the New York Stock Exchange (the “NYSE”) and the Nasdaq Stock Market (the “Nasdaq”). The amended…more

Compensation Committee, Dodd-Frank, Independence Rules, Listing Standards, Nasdaq

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Plus ça change…NYDFS releases final BitLicense regulations

The New York State Department of Financial Services (NYDFS) released final BitLicense regulations on June 3, 2015, almost eleven months after the initial BitLicense proposal was issued. The initial proposal went through two…more

Bitcoins, BitLicense, Exemptions, Financial Services Industry, New Regulations

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CFPB: The “Credit Invisibles” and Alternative Data

On May 5, 2015, the CFPB published a report, Data Point: Credit Invisibles, finding that 26 million Americans (as of December 2010, and out of 189 million Americans with scorable credit records), or one in every ten, do not have…more

CFPB, Credit Reporting Agencies, Credit Reports, Information Reports

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China Widens Entry to Medical Device Market to Investment, Innovation While Tightening Regulations on Existing Market Products

As the medical device industry in China continues accelerated growth, investors seek to capitalize on a roughly $65 billion market that is growing at an annual rate of 21 percent. Under recent changes to the regulatory framework…more

China, Foreign Investment, Medical Devices, Popular

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New Measures Clarify Consumer Protection Rights in China, Stipulate Penalties for Misconduct

On Jan. 5, 2015, the Chinese State Administration for Industry and Commerce (“SAIC”) promulgated the Penalty Measures for Infringement on the Rights and Interests of Consumers (the “Measures”), which will take effect on March…more

China, New Legislation, Popular, SAIC

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New Jersey Supreme Court Adopts Restrictive Test for “Independent Contractor” Status

The New Jersey Supreme Court recently adopted a new test making it more difficult for New Jersey employers to classify workers as independent contractors. In a lawsuit brought by contract delivery drivers against a chain of…more

ABC Test, Employee Definition, Employer Mandates, Independent Contractors, New Regulations

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DWT Asked To Serve As Legal Counsel for Stand Up For Speech Litigation Project

Constitution Day 2013 was a pretty bad day for the Constitution on our public university campuses. That was the day that Robert Van Tuinen of Modesto Junior College in California was prevented from passing out copies of the…more

Colleges, Damages, First Amendment, Free Speech, Slogans

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Contact

1201 Third Avenue Suite 2200
Seattle, Washington 98101-3045, United States

Contact: Justin Shaw

  • 877.398.8417

Areas of Practice
  • Antitrust & Trade Regulation
  • Appellate Practice
  • Art, Entertainment, & Sports Law
  • Bankruptcy
  • Business Organizations
  • Business Torts
  • Class Action
  • Commercial Law & Contracts
  • Communications & Media Law
  • Construction Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Government
  • Health
  • Immigration Law
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Products Liability
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Toxic Torts
  • Wills, Trusts, & Estate Planning
See more
Locations
Other U.S. Locations
  • Alaska
  • California
  • D.C.
  • New York
  • Oregon
  • Washington
Other Countries
  • China
Number of Attorneys

400+ Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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