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Loeb & Loeb LLP

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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

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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

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Marla Aspinwall

California Doubling Of 20% Federal Tax Increase Under IRC Section 409A

Originally published in State Bar of California Taxation Section 2013 Sacramento Delegation in February 0f 2013. Executive Summary - Under Internal Revenue Code Section 409A (“Section 409A”), all amounts deferred under…more

Deferred Compensation, Income Taxes, Pensions, Qualified Benefit Plans, Section 409A

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Sunny Brenner

Moving Day: Oakley’s Lawsuit Against McIlroy Highlights Challenges of Rights of First Refusal

Originally published in Sports Litigation Alert, Volume 10, Issue 1, on January 25, 2013. At the start of 2011, the sunglasses maker Oakley signed a two-year endorsement deal with Rory McIlroy. The agreement paid McIlroy an…more

Celebrity Endorsements, Endorsements, McIlroy, Nike, Oakley

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Meg Charendoff

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- May 23, 2013

Capitol Records, Inc. v. MP3tunes, LLC, USDC, S.D. New York, May 14, 2013 - District court grants in part motions for reconsideration of order granting summary judgment in defendants' favor based on DMCA safe harbor…more

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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

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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

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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

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Tal Dickstein

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- May 23, 2013

Capitol Records, Inc. v. MP3tunes, LLC, USDC, S.D. New York, May 14, 2013 - District court grants in part motions for reconsideration of order granting summary judgment in defendants' favor based on DMCA safe harbor…more

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Patrick Downes

CFPB Seeks Information on Financial Products and Services Offered to College Students

The Consumer Financial Protection Bureau believes positive financial decision making should be learned at a young age. The Bureau recently issued a Request for Information Regarding Financial Products Marketed to Students…more

Advertising, CFPB, Colleges, Financial Products, Marketing

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W. Allan Edmiston

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- May 23, 2013

Capitol Records, Inc. v. MP3tunes, LLC, USDC, S.D. New York, May 14, 2013 - District court grants in part motions for reconsideration of order granting summary judgment in defendants' favor based on DMCA safe harbor…more

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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

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Kenneth Florin

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

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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

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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

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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

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Mark Goldberg

Recently Enacted New York City Law Bars Discrimination Against the Unemployed

The New York City Council recently enacted a law, over Mayor Bloomberg's veto, that prohibits discrimination against the unemployed in New York City. Other jurisdictions - such as the District of Columbia, New Jersey and Oregon…more

NYCHRL, Penalties, Unemployment, Unemployment Discrimination, Unemployment Reform

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John Griem, Jr.

Upcoming Patent Law Changes Will Put Pressure on Patents

Originally published in Pharmaceutical Outsourcing’s website on December 2012. Patent law is changing rapidly. The changes are putting even greater pressure on patents as a tool for protecting a pharmaceutical or…more

America Invents Act, First-to-File, Patents, Post-Grant Review, Prior Art

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David Grossman

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- May 23, 2013

Capitol Records, Inc. v. MP3tunes, LLC, USDC, S.D. New York, May 14, 2013 - District court grants in part motions for reconsideration of order granting summary judgment in defendants' favor based on DMCA safe harbor…more

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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

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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

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Ieuan Jolly

FTC Senior Attorney Discusses COPPA Revisions

At the International Association of Privacy Professionals' annual privacy conference last week, FTC senior attorney Mamie Kresses discussed the new liability concerns for operators of websites and services due to the recent…more

COPPA, Data Collection, FTC, Parental Consent, Personally Identifiable Information

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Livia Kiser

The Hard Stop On ‘Adventurous Innovation’ In Class Action Litigation: The United States Supreme Court’s Decision In Comcast v. Behrend, Remand Of Whirlpool v. Glazer And The Probable Return Of Defect Manifestation To Class Certification Determinations In The Ninth Circuit

Comcast v. Behrend is the latest opinion issued by the U.S. Supreme Court interpreting and applying the procedural rules governing class actions set out in Federal Rule Civil Procedure 23. In order to obtain certification of a…more

Class Action, Class Certification, Comcast, Comcast v. Behrend, Damages

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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

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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

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Michael Mallow

CFPB Investigation Leads to First Criminal Referral to DOJ

Following the Consumer Financial Protection Bureau's investigation into the alleged fraudulent practices of a debt relief company, the CFPB and the U.S. Attorney's Office for the Southern District of New York announced the…more

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Douglas N. Masters

Ivy League joins digital trend

The Ivy League this month announced that it will join the Big Ten and the PAC-12 in launching its own digital sports network, giving fans of the conference and its teams unprecedented access to their favorite team’s home and…more

Digital Goods, Ivy League, Sports

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Nerissa McGinn

House Cybersecurity Information-Sharing Bill Provides Immunity Provisions for Reporting Companies

The U.S. House of Representatives passed an amended version of the Cyber Intelligence Sharing and Protection Act (CISPA), with a 288-127 vote. The current version of CISPA (H.R. 624) would provide private-sector companies with…more

CISPA, Cybersecurity, Information Sharing, Reporting Requirements

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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

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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

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Bryan Petkanics

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

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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

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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

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Christine M. Reilly

Manually Dialed Telephone Calls May Violate TCPA

The Telephone Consumer Protection Act regulates the use of auto/predictive dialers, which are used to initiate faxes, prerecorded voice messages, and SMS text messages. But a federal court in the Western District of Wisconsin…more

Robocalling, TCPA

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Seth A. Rose

Ivy League joins digital trend

The Ivy League this month announced that it will join the Big Ten and the PAC-12 in launching its own digital sports network, giving fans of the conference and its teams unprecedented access to their favorite team’s home and…more

Digital Goods, Ivy League, Sports

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Peter Seiden

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

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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

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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

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Jonathan Neil Strauss

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- May 23, 2013

Capitol Records, Inc. v. MP3tunes, LLC, USDC, S.D. New York, May 14, 2013 - District court grants in part motions for reconsideration of order granting summary judgment in defendants' favor based on DMCA safe harbor…more

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Alan J. Tarr

IRS Releases Guidance on Beginning Construction for Production Tax Credit and Investment Tax Credit

A qualified facility is eligible to receive a renewable electricity production tax credit (PTC) or energy investment tax credit in lieu of the PTC if construction of the facility begins before January 1, 2014. Qualified…more

Investment Tax Credits, IRS, Physical Work Test, Production Tax Credit, Qualified Energy Facilities

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James Taylor

SEC Opens Door for Public Companies to Make Announcements Using Social Media

The Securities and Exchange Commission (SEC) released a Report of Investigation on April 2, 2013, that addresses whether public companies may use social media to make certain announcements…more

Information Sharing, Investors, Publicly-Traded Companies, Regulation FD, SEC

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Michael Thurman

CFPB Investigation Leads to First Criminal Referral to DOJ

Following the Consumer Financial Protection Bureau's investigation into the alleged fraudulent practices of a debt relief company, the CFPB and the U.S. Attorney's Office for the Southern District of New York announced the…more

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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

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Jonathan Zavin

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- May 23, 2013

Capitol Records, Inc. v. MP3tunes, LLC, USDC, S.D. New York, May 14, 2013 - District court grants in part motions for reconsideration of order granting summary judgment in defendants' favor based on DMCA safe harbor…more

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