Loeb & Loeb LLP

Author

Latest Publications

Kenneth Adler

Highlights from Regulatory Initiatives - Outsourcing Panel

Loeb & Loeb LLP held its annual program, Outsourcing in Financial Services, on Jan. 23, 2013. Grace Vogel, Executive Vice President of the Financial Industry Regulatory Authority (FINRA), and Michael Macchiaroli, Associate…more

Broker-Dealer, FINRA, Offshoring, Outsourcing, SEC

See All Updates »

Robert M. Andalman

Federal Gift Card Bill Would Significantly Affect Promotional and Loyalty Gift Card Programs

On December 10, 2012, Sen. Bob Casey (D-PA) announced his joint sponsorship of Senate Bill 3636, known as the "Gift Card Consumer Protection Act of 2012," which was originally introduced and referred to the Senate Committee on…more

CARD Act, Chapter 11, Gift Card Consumer Protection Act of 2012

See All Updates »

Marla Aspinwall

Bill That Would Correct Inadvertent Tax Hike Passes House

This month, the California House of Representatives approved Assembly Bill 1173, which is intended to provide partial relief from the additional 20 percent state penalty tax for violations of the Internal Revenue Code Section…more

Incorporation, IRS, New Legislation, Tax Increases, Tax Rates

See All Updates »

Sunny Brenner

The Way to San Jose: Not Through Federal Court

Frustrated with the inability of the Oakland Athletics to commit to relocate to San Jose in the face of the territorial objections of the San Francisco Giants – and by the failure of Major League Baseball (MLB) to bring the…more

Baseball, Cartwright Act, MLB, Sherman Act, Unfair Competition

See All Updates »

Mark Campbell

FDA Refusal to Define "Natural" Leaves Food Manufacturers at Risk for More and Costlier Class Action Litigation and Looking for Legislative Solutions

The U.S. Food and Drug Administration this month declined to weigh in on the issue of whether food products containing genetically modified ingredients can be labeled as "natural," refusing the request of three federal judges to…more

Class Action, FDA, Food Labeling, Food Manufacturers, Food Safety

See All Updates »

Meg Charendoff

Peter Mayer Publishers Inc. v. Shilovskaya

Peter Mayer Publishers Inc. v. Shilovskaya - USDC (S.D.N.Y.), March 31, 2014: District court holds that eBook version of translated Russian novel is not a new derivative work under the Copyright Act. Plaintiff…more

Copyright, The Copyright Act

See All Updates »

Albert Cohen

Sustainability Claims Warrant Extra Caution

Originally published in the Los Angeles Daily Journal on February 28, 2013. National Public Radio recently ran a series on "sustainable" seafood claims which raised concern regarding the validity of certain sustainability…more

Advertising, FTC, Green Guides, Lanham Act, Marketing

See All Updates »

Stephen Cohen

Highlights from Regulatory Initiatives - Outsourcing Panel

Loeb & Loeb LLP held its annual program, Outsourcing in Financial Services, on Jan. 23, 2013. Grace Vogel, Executive Vice President of the Financial Industry Regulatory Authority (FINRA), and Michael Macchiaroli, Associate…more

Broker-Dealer, FINRA, Offshoring, Outsourcing, SEC

See All Updates »

Jon Daryanani

New California Social Media Privacy Law Goes into Effect

Employers in California may no longer ask or require employees or applicants to provide their log-in credentials for social media sites such as Facebook, Tumblr and Twitter. California's Social Media Privacy Act, one of the most…more

Facebook, Hiring & Firing, Passwords, Social Media, Social Media Privacy Act

See All Updates »

Tal Dickstein

Peter Mayer Publishers Inc. v. Shilovskaya

Peter Mayer Publishers Inc. v. Shilovskaya - USDC (S.D.N.Y.), March 31, 2014: District court holds that eBook version of translated Russian novel is not a new derivative work under the Copyright Act. Plaintiff…more

Copyright, The Copyright Act

See All Updates »

Patrick Downes

CFPB Sues For-Profit College Giant ITT, Alleging Strategy of Abusive Lending Practices

After signaling its intention to crack down on deceptive marketing and predatory lending practices by for-profit colleges, the Consumer Financial Protection Bureau has filed its first enforcement action in this arena. The CFPB…more

CFPB, Dodd-Frank, Fair Lending, Paying For College, Predatory Lending

See All Updates »

W. Allan Edmiston

Peter Mayer Publishers Inc. v. Shilovskaya

Peter Mayer Publishers Inc. v. Shilovskaya - USDC (S.D.N.Y.), March 31, 2014: District court holds that eBook version of translated Russian novel is not a new derivative work under the Copyright Act. Plaintiff…more

Copyright, The Copyright Act

See All Updates »

David Fischer

Highlights from Regulatory Initiatives - Outsourcing Panel

Loeb & Loeb LLP held its annual program, Outsourcing in Financial Services, on Jan. 23, 2013. Grace Vogel, Executive Vice President of the Financial Industry Regulatory Authority (FINRA), and Michael Macchiaroli, Associate…more

Broker-Dealer, FINRA, Offshoring, Outsourcing, SEC

See All Updates »

Kenneth Florin

Car Manufacturer and Ad Agency Settle False-Advertising Claims for “Hill Climb” Ad

In a 2011 commercial for the Nissan Frontier produced by advertising agency TBWA Worldwide, Inc., the audience sees the wheels of an elaborately designed dune buggy spinning and kicking up sand in a fruitless attempt to climb a…more

Advertising, Automotive Industry, False Advertising, Trucking Industry

See All Updates »

Kenneth Freeman

CFTC's No-action Relief on Guarantor Swap Requirements Ends March 31, 2013

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the "Dodd-Frank Act") requires that swaps (as defined in 7 U.S.C. § 1a(47)) be entered into on designated contract markets unless the parties to the swap are…more

CFTC, Dodd-Frank, Eligible Contract Participant, Guarantors, Loan Documentation

See All Updates »

Dana Scott Fried

Employer Shared Responsibility Proposed Regulations

Although employers are not required to provide health care benefits for their employees, beginning in 2014, under the Patient Protection and Affordable Care Act, certain large employers (including both for-profit and…more

Affordable Care Act, Employer Group Health Plans, Healthcare, Shared Responsibility Rule

See All Updates »

Daniel Frohling

IP: Protecting your brand in the Internet of the future -- Pre- and post-delegation rights protection mechanisms for gTLDs

Originally published in InsideCounsel.com on November 20, 2012. As the Internet Corporation for Assigned Names and Numbers (ICANN) gears up to begin delegating up to 1,000 new generic top-level domains (gTLDs) in little…more

See All Updates »

Mark Goldberg

NYC Council Expands Sick Time Law

The Earned Sick Time Act was initially enacted by the New York City Counsel on June 26, 2013, when it overrode Mayor Michael Bloomberg’s veto. The Act, which takes effect on April 1, 2014, requires all private employers…more

Employee Rights, Paid Leave, Sick Leave

See All Updates »

John Griem, Jr.

When a 3rd-Party Use is a 'Public' Use

The Federal Circuit’s May 20 decision in Dey LP v. Sunovion Pharmaceuticals Inc., Case No. 2012-1428, provides a welcome clarification of the court’s “public use” law. The court explained that an alleged “public use” is…more

America Invents Act, Clinical Trials, Patent Reform, Patents, Prescription Drugs

See All Updates »

David Grossman

Peter Mayer Publishers Inc. v. Shilovskaya

Peter Mayer Publishers Inc. v. Shilovskaya - USDC (S.D.N.Y.), March 31, 2014: District court holds that eBook version of translated Russian novel is not a new derivative work under the Copyright Act. Plaintiff…more

Copyright, The Copyright Act

See All Updates »

Nathan Hole

FTC Letter States Pinterest Contest Entries Are Endorsements

After investigating a contest promoting Cole Haan products on Pinterest, the FTC determined that contestants' pins were endorsements and that these endorsements failed to disclose that contestants posted the pins as part of a…more

Endorsements, FTC, Pinterest

See All Updates »

Melanie Howard

ICANN’s domains under attack

Originally published in the December 2012/January 2013 issue of Intellectual Property Magazine. In the wake of ICANN’s failure earlier this year to dismiss anti-trust allegations arising from the new generic top level…more

Domain Names, gTLD, ICANN, Infringement, Internet

See All Updates »

Michael W. Jahnke

CFPB Settles Allegations of Improper Payments by Mortgage Insurers

The Consumer Financial Protection Bureau (CFPB) announced that it had settled enforcement actions against four insurance companies in connection with alleged improper payments between the insurance companies and mortgage…more

CFPB, Consent Order, Enforcement Actions, Insurance Companies, Investigations

See All Updates »

Ieuan Jolly

U.S. and U.K. Sign Memorandum of Understanding for Collaboration on Data Privacy Enforcement

Citing the increasing frequency with which consumer information crosses international borders and the need for coordinated monitoring and enforcement strategies related to consumer privacy, the U.S. Federal Trade Commission…more

Data Protection, FTC, Memorandum of Understanding, Privacy Laws, UK

See All Updates »

Elizabeth Kim

FDA Revises Draft Guidance Concerning Distribution of Scientific and Medical Publications for Drug and Device Manufacturers

Updating policies established in a 2009 Guidance, the Food and Drug Administration (FDA) has released a draft version of a proposed 2014 Guidance addressing the use of medical publications in promoting "off label" uses of…more

FDA, FDAMA, Medical Devices, Pharmaceutical

See All Updates »

Livia Kiser

Lack of Federal Regulation in Cosmetics and Personal Care Products Leads to Litigation Risks

In recent years, consumers have become more focused on the potential for health risks associated with the use of chemicals and other ingredients in cosmetics and personal care products. Many consumers, however, may not realize…more

Chemicals, Cosmetics, FDA, FDCA

See All Updates »

Thomas Lawson

IRS Provides Discharge of Indebtedness Safe Harbor for Debt Secured by Interest in Disregarded Entity Holding Real Property

In general, discharge of indebtedness income is excluded from the gross income of a taxpayer (other than a C corporation) if the indebtedness is qualified real property business indebtedness (QRPBI). To qualify as QRPBI, the…more

Debt, Dischargeable Debts, IRS, Safe Harbors

See All Updates »

Edward Lee

Foul play over US trademark

The Washington Redskins name has attracted fierce debate over the years. Edward Lee and Douglas Masters, attorneys at Loeb & Loeb, discuss the latest attempt to revoke the mark - US trademark law prohibits the…more

Disparagement, Football, Native American Issues, Trademarks

See All Updates »

Jessica Lee

Revised Florida Sweepstakes Law Effective April 10, 2013

The State of Florida has amended its law governing games of chance (F.S. 849), revising certain provisions including those governing game promotions and sweepstakes run by retailers and consumer brands, among others. The…more

Amended Legislation, Gambling, Retailers, Sweepstakes

See All Updates »

Scott Liebman

@FDA Gives Little Guidance 2 #Pharma re Social Media

The way that we communicate has changed. Technology and social media have altered how we keep in touch with friends and family. Whether it is a text message that you will be late for dinner, a Tweet about breaking news, or an…more

FDA, Pharmaceutical, Social Media

See All Updates »

David Mallen

Private Governance of Green Claims in the Marketplace: The Role of NAD and Advertising Self-Regulation

Private environmental governance encompasses a broad range of private actors creating systems and mechanisms for promoting various environmental or “green” attributes. Increasingly, companies are conducting life-cycle analyses,…more

Advertising, False Advertising, False Claims Act, NAD, NGOs

See All Updates »

Michael Mallow

Car Manufacturer and Ad Agency Settle False-Advertising Claims for “Hill Climb” Ad

In a 2011 commercial for the Nissan Frontier produced by advertising agency TBWA Worldwide, Inc., the audience sees the wheels of an elaborately designed dune buggy spinning and kicking up sand in a fruitless attempt to climb a…more

Advertising, Automotive Industry, False Advertising, Trucking Industry

See All Updates »

Douglas N. Masters

California Senate Unanimously Supports Broader Inquiry into State Gambling Regulations

California's Senate unanimously approved a bill (Senate Bill 601) that would amend the state's existing gambling law to enlarge the Gaming Policy Advisory Committee, the body tasked with considering the state's gambling…more

Gambling

See All Updates »

Nerissa McGinn

States Further Attempt to Protect Minors' Privacy Online

Following the adoption of a California law protecting minors under the age of 18 online, Delaware has now introduced House Bill 261, which would add a new section called the Child Online Protection Act to Title 6 of the Delaware…more

Content Marketing, COPPA, Minors, Mobile Apps, Privacy Concerns

See All Updates »

Daniel Murphy

Expanding Market for Insurance and Risk Securities Promises High Risk, High Reward - and High Potential for Claims

The securities marketplace has experienced a resurgence of interest in insurance- and risk-linked securities, primarily as a result of Hurricane Katrina and Superstorm Sandy. First introduced after the Northridge earthquake and…more

Higher-Risk Securitizations, Investors, Natural Disasters, Reinsurance

See All Updates »

Jay Musoff

California Senate Unanimously Supports Broader Inquiry into State Gambling Regulations

California's Senate unanimously approved a bill (Senate Bill 601) that would amend the state's existing gambling law to enlarge the Gaming Policy Advisory Committee, the body tasked with considering the state's gambling…more

Gambling

See All Updates »

Brian Nixon

FTC Sets Guidelines for Mobile Privacy Disclosures

The FTC issued a new report, Mobile Privacy Disclosures: Building Trust Through Transparency, on February 1, 2013, detailing the Commission's recommendations for best practices for key players in the mobile "ecosystem": mobile…more

Address Book, Advertising, App Developers, App Platform Providers, COPPA

See All Updates »

John Oberdorf

2013 Recap: Changes in LIBOR That Could Affect the Agreements Concerning Your Financial Transactions

2013 saw a number of changes to LIBOR, the key interest rate benchmark that is used in a range of financial transactions. These changes have already impacted existing financial transactions, and, almost certainly, will continue…more

Banks, BBALL, Contract Drafting, Interest Rates, Libor

See All Updates »

Bryan Petkanics

New LIBOR Administrator and Credit Documentation

ICE Benchmark Administration Limited (ICE) has assumed responsibility for administering the London Inter Bank Offered Rate (LIBOR) as of February 1, 2014. No longer will the LIBOR benchmark be administered by BBA LIBOR Ltd., a…more

Banks, British Bankers' Association, Data Collection, Libor, UK

See All Updates »

Jerry Phillips

Expanding Market for Insurance and Risk Securities Promises High Risk, High Reward - and High Potential for Claims

The securities marketplace has experienced a resurgence of interest in insurance- and risk-linked securities, primarily as a result of Hurricane Katrina and Superstorm Sandy. First introduced after the Northridge earthquake and…more

Higher-Risk Securitizations, Investors, Natural Disasters, Reinsurance

See All Updates »

Anthony Pirraglia

CFTC's No-action Relief on Guarantor Swap Requirements Ends March 31, 2013

The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (the "Dodd-Frank Act") requires that swaps (as defined in 7 U.S.C. § 1a(47)) be entered into on designated contract markets unless the parties to the swap are…more

CFTC, Dodd-Frank, Eligible Contract Participant, Guarantors, Loan Documentation

See All Updates »

Christine M. Reilly

Illinois Appellate Court Holds Insurer Liable for TCPA Class Action Settlement

Adding to the already fragmented judicial approach to insurance coverage for Telephone Consumer Protection Act claims, an Illinois appellate court has held that an insurance company is responsible for covering a $1.7 million…more

Class Action, Insurers, Settlement, TCPA

See All Updates »

Seth A. Rose

Take my iPhone out to the ballgame?

As post-season play heats up, a few folks at Major League Baseball were gathered, not in Pittsburgh or Atlanta or St. Louis or Los Angeles, but in Queens, N.Y. They weren’t at Citi Field to watch the Mets in a playoff…more

iPhone, MLB, Mobile Apps

See All Updates »

Peter Seiden

New LIBOR Administrator and Credit Documentation

ICE Benchmark Administration Limited (ICE) has assumed responsibility for administering the London Inter Bank Offered Rate (LIBOR) as of February 1, 2014. No longer will the LIBOR benchmark be administered by BBA LIBOR Ltd., a…more

Banks, British Bankers' Association, Data Collection, Libor, UK

See All Updates »

Steve Semerdjian

Proposed Senate Bill Would Adversely Impact Outsourcing Companies

A comprehensive new Senate immigration bill includes provisions governing the award of nonimmigrant visas for highly skilled workers (H-1B visas) that are likely to adversely affect outsourcing companies that use a U.S.-based…more

H1-B, Highly-Skilled Workers Visa, Outsourcing, Proposed Legislation, Visas

See All Updates »

Barry Slotnick

Music Law Weekly Case Update for Music Industry Executives - March 14, 2013

In This Issue: - Scorpio Music (Black Scorpio) S.A. v. Willis, USDC S.D. California, March 4, 2013: District court denies motion to dismiss Village People lead singer’s counterclaim asserting 50 percent ownership…more

Copyright, Music, Music Industry, Statute of Limitations

See All Updates »

Erin Smith

Affordable Care Act Compliance Reminder

Although the IRS has announced that it will delay the enforcement of certain provisions of the Patient Protection and Affordable Care Act (also known as the "Affordable Care Act" or "Obamacare"), employers are still required to…more

Affordable Care Act, DOL, Health Insurance Exchanges, Healthcare, IRS

See All Updates »

Brian Socolow

Social Media Marketing: Caging the Un-Caged Tweeter

It is easy to forget that social media is really a form of advertising, and therefore, subject to federal and state laws and regulations, as well as industry guidelines. In contrast to traditional advertising, which involves the…more

Advertising, Corporate Counsel, Marketing, Social Media, Twitter

See All Updates »

Walt Steimel

Affordable Care Act Compliance Reminder

Although the IRS has announced that it will delay the enforcement of certain provisions of the Patient Protection and Affordable Care Act (also known as the "Affordable Care Act" or "Obamacare"), employers are still required to…more

Affordable Care Act, DOL, Health Insurance Exchanges, Healthcare, IRS

See All Updates »

Megan Stombock

Illinois Files Emergency Sales Tax Regulations

The Illinois Department of Revenue last week filed emergency regulations on sourcing sales for the purpose of determining local sales tax, in response to the Illinois Supreme Court's decision in Hartney Fuel Oil Co. v. Hamer. …more

Sales & Use Tax, State Taxes

See All Updates »

Jonathan Neil Strauss

Peter Mayer Publishers Inc. v. Shilovskaya

Peter Mayer Publishers Inc. v. Shilovskaya - USDC (S.D.N.Y.), March 31, 2014: District court holds that eBook version of translated Russian novel is not a new derivative work under the Copyright Act. Plaintiff…more

Copyright, The Copyright Act

See All Updates »

Alan J. Tarr

IRS Provides Discharge of Indebtedness Safe Harbor for Debt Secured by Interest in Disregarded Entity Holding Real Property

In general, discharge of indebtedness income is excluded from the gross income of a taxpayer (other than a C corporation) if the indebtedness is qualified real property business indebtedness (QRPBI). To qualify as QRPBI, the…more

Debt, Dischargeable Debts, IRS, Safe Harbors

See All Updates »

James Taylor

Car Manufacturer and Ad Agency Settle False-Advertising Claims for “Hill Climb” Ad

In a 2011 commercial for the Nissan Frontier produced by advertising agency TBWA Worldwide, Inc., the audience sees the wheels of an elaborately designed dune buggy spinning and kicking up sand in a fruitless attempt to climb a…more

Advertising, Automotive Industry, False Advertising, Trucking Industry

See All Updates »

Michael Thurman

CFPB Sues For-Profit College Giant ITT, Alleging Strategy of Abusive Lending Practices

After signaling its intention to crack down on deceptive marketing and predatory lending practices by for-profit colleges, the Consumer Financial Protection Bureau has filed its first enforcement action in this arena. The CFPB…more

CFPB, Dodd-Frank, Fair Lending, Paying For College, Predatory Lending

See All Updates »

Jill Westmoreland

Two California Privacy Bills Introduced

California Assemblyman Isadore Hall introduced Assembly Bill 257 which addresses mobile privacy. The bill would codify many of the best practices proposed by the California Attorney General in her report titled “Privacy on the…more

Advertising Networks, Attorney Generals, FTC, Kamala Harris, Mobile Apps

See All Updates »

Laura Wytsma

Brevity Is the Soul of Law

Shakespeare wrote in Hamlet that “Brevity is the soul of wit,” and this observation holds true for legal persuasion as well. Brevity is — or at least should be — the soul of law. Years ago I wrote what I thought was a…more

Career Development, Legal Writing

See All Updates »

Jonathan Zavin

Peter Mayer Publishers Inc. v. Shilovskaya

Peter Mayer Publishers Inc. v. Shilovskaya - USDC (S.D.N.Y.), March 31, 2014: District court holds that eBook version of translated Russian novel is not a new derivative work under the Copyright Act. Plaintiff…more

Copyright, The Copyright Act

See All Updates »

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.