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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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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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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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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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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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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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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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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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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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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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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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See All Updates »
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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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See All Updates »
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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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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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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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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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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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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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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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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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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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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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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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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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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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See All Updates »
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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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See All Updates »
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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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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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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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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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See All Updates »
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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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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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See All Updates »
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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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See All Updates »
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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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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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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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See All Updates »
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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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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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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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See All Updates »
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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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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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See All Updates »
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