Loeb & Loeb LLP

EU Announces Guidelines to Standardize Cloud Computing Agreements

In an effort to meet one of the key objectives of the European Union's Cloud Computing Strategy - to develop model terms for cloud computing contracts, including service-level agreements - an industry working group that includes…more

Cloud Computing, EU, European Commission, Popular, Service Level Agreements

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Attorney Who Set Up and Administered VEBA and Welfare Benefit Plans Found Liable Under ERISA

SUMMARY: Defendants set up over 500 multiple-employer death benefit plans with entities they controlled acting as the trustees. The Department of Labor (“DOL”) brought a civil action alleging breach of fiduciary duty and…more

Benefit Plan Sponsors, Breach of Duty, DOL, Enforcement Actions, ERISA

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FAST Relief for EGCs and Others: JOBS Act 2.0

A just-enacted 500-page transportation bill (the FAST Act) contains provisions nicknamed JOBS Act 2.0 (after the popular JOBS Act of 2012), which liberalized aspects of federal securities to encourage capital…more

Emerging Growth Companies, Fixing America’s Surface Transportation Act (FAST Act), JOBS Act, Regulation S-K, SEC

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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

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Naruto v. Slater - USDC, N.D. California, January 28, 2016

District court dismisses copyright infringement action brought on behalf of macaque monkey who took “selfies” using defendant photographer’s camera, holding that animals lack standing under the Copyright Act…more

Article III, Copyright Infringement, Copyright Litigation, PETA, Standing

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Storm Water Update

We recently informed our clients that there has been an apparent uptick in recent months of citizens suits against storm water permittees for alleged storm water violations under the Clean Water Act. According to a recent…more

Clean Water Act, Discharge of Pollutants, EPA, Manufacturers, Storm Water

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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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Supreme Court To Review Federal Circuit Test for Willful Patent Infringement

The U.S. Supreme Court will review the Federal Circuit’s test for determining willful patent infringement at the request of two patent holders that assert that the two-part test is too rigid and conflicts with the recent Supreme…more

Damages, Intellectual Property Protection, Objectively Unreasonable Standard, Octane Fitness v. ICON, Patent Infringement

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Naruto v. Slater - USDC, N.D. California, January 28, 2016

District court dismisses copyright infringement action brought on behalf of macaque monkey who took “selfies” using defendant photographer’s camera, holding that animals lack standing under the Copyright Act…more

Article III, Copyright Infringement, Copyright Litigation, PETA, Standing

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FTC's Year-End Report to Congress on Debit Card Transaction Rules Outlines Agency's Enforcement and Education Initiatives

As 2012 came to a close, the Federal Trade Commission updated Congress on its enforcement and other efforts in connection with the new rules regulating debit card transactions implemented last year by the Federal Reserve Board…more

Debit and Credit Card Transactions, Debit Cards, Dodd-Frank, FTC

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Solar and wind tax credits

In a last minute concession, Congress extended the 30 percent energy investment tax credit for qualified solar energy property and the production tax credit for qualified wind facilities as part of the Consolidated…more

Appropriation Act, Investment Tax Credits, Production Tax Credit, Solar Energy, Tax Extenders

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TCA Television Corp. v. McCollum - USDC, S.D. New York, December 17, 2015

District court dismisses plaintiffs’ claim of copyright infringement, finding that use of Abbott and Costello’s “Who’s On First?” routine in Broadway play “Hand to God” is transformative use and is protected by fair use…more

Chain of Title, Copyright Infringement, Fair Use, The Copyright Act, Transformative Use

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FAST Relief for EGCs and Others: JOBS Act 2.0

A just-enacted 500-page transportation bill (the FAST Act) contains provisions nicknamed JOBS Act 2.0 (after the popular JOBS Act of 2012), which liberalized aspects of federal securities to encourage capital…more

Emerging Growth Companies, Fixing America’s Surface Transportation Act (FAST Act), JOBS Act, Regulation S-K, SEC

See All Updates »

FTC Issues Enforcement Statement, Business Guide on Native Advertising

The Federal Trade Commission this week issued an enforcement policy statement on “native advertising,” explaining how existing advertising regulations apply to this advertising format, among others. The “Enforcement Policy…more

Disclosure Requirements, FTC, Native Advertising, Online Advertisements, Policy Statement

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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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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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Supreme Court To Review Federal Circuit Test for Willful Patent Infringement

The U.S. Supreme Court will review the Federal Circuit’s test for determining willful patent infringement at the request of two patent holders that assert that the two-part test is too rigid and conflicts with the recent Supreme…more

Damages, Intellectual Property Protection, Objectively Unreasonable Standard, Octane Fitness v. ICON, Patent Infringement

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New Year, New Employment Laws: Changes New York Employers Need to Know

The legal landscape for employers is rarely static for an extended period of time, and 2015 delivered several important changes for New York employers. Although some of these developments affect companies operating statewide,…more

Corporate Counsel, Gender Discrimination, Gender Equity, Governor Cuomo, Hiring & Firing

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Naruto v. Slater - USDC, N.D. California, January 28, 2016

District court dismisses copyright infringement action brought on behalf of macaque monkey who took “selfies” using defendant photographer’s camera, holding that animals lack standing under the Copyright Act…more

Article III, Copyright Infringement, Copyright Litigation, PETA, Standing

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FTC Answers New Questions About Endorsements and Disclosures

In light of the continued expansion of digital and social media, the FTC has released updated guidance on disclosing endorser relationships. In addition to reiterating its general guidance on when and how disclosures need to be…more

Advertising, Celebrity Endorsements, Digital Media, Endorsements, FTC

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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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Naruto v. Slater - USDC, N.D. California, January 28, 2016

District court dismisses copyright infringement action brought on behalf of macaque monkey who took “selfies” using defendant photographer’s camera, holding that animals lack standing under the Copyright Act…more

Article III, Copyright Infringement, Copyright Litigation, PETA, Standing

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Sponsor of Ironman Contest Agrees to Forfeit $2.7 Million in Lottery Fees

The U.S. Attorney's Office in Florida announced that World Triathlon Corporation (WTC) has agreed to turn over $2.7 million in lottery receipts to settle charges that the triathlon organizer engaged in illegal gambling by…more

Gambling, Lottery, Sports Gambling

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EU Reaches Agreement on New Privacy Regulations

The European Commission has announced final agreement on the General Data Protection Regulation, the EU-wide data protection framework that will replace the current fragmented structure under the nearly 20-year-old Data…more

Cyber Incident Reporting, Data Processors, EU, EU Data Protection Laws, European Commission

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The USPTO Offers Additional Clarifications on Patent Eligibility

Since the U.S. Supreme Court issued its most recent ruling on patentable subject matter in June 2014, examiners, applicants, and practitioners have had a difficult time determining what is patentable subject matter. In Alice…more

CLS Bank v Alice Corp, Patent Litigation, Patent-Eligible Subject Matter, Patents, SCOTUS

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What’s In a Name? The Value of Pharmaceutical & Biologic Branding

September 2014 marks 30 years since the Hatch-Waxman Amendments (Hatch-Waxman) to the Food, Drug, and Cosmetic Act (FD&C Act) introduced generics as we know them. Hatch- Waxman strove to offer consumers the benefits of “rapid…more

Biologics, FDA, FDCA, Hatch-Waxman, Pharmaceutical Industry

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The USPTO Offers Additional Clarifications on Patent Eligibility

Since the U.S. Supreme Court issued its most recent ruling on patentable subject matter in June 2014, examiners, applicants, and practitioners have had a difficult time determining what is patentable subject matter. In Alice…more

CLS Bank v Alice Corp, Patent Litigation, Patent-Eligible Subject Matter, Patents, SCOTUS

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Intern or Employee? Second Circuit Outlines Test to Determine Unpaid Interns' Status Under Fair Labor Standards Act and New York Labor Law

The U.S. Court of Appeals for the Second Circuit July 2 handed down a significant decision in Glatt v. Fox Searchlight Pictures, Inc. in connection with a pair of lawsuits challenging the legality of unpaid internships under…more

Appeals, Class Action, Class Certification, Classification, DOL

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Congress Extends Various Tax Benefits

There has been a long history of various tax benefits being extended for short periods. In many recent years, Congress has enacted provisions late in the year, often in December, to extend various provisions for another year,…more

Charitable Deductions, Corporate Taxes, Income Taxes, IRA Rollovers, Tax Extensions

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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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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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What Will 2015 Look Like? Trends in the Securities Industry

... it’s never too early to look into the future to see how the year might unfold in the securities industry. Here are some trends and predictions for early 2015: - In Increased regulatory scrutiny of ..securities…more

Alternative Mutual Funds, Banks, Brokers, Conflicts of Interest, Equity Financing

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FDA Regulatory and Compliance Monthly Recap — January 2016

OPDP enforcement reaches record low in 2015 as drugmakers face uncertainty in digital marketing - Enforcement by the OPDP has fallen notably since 2010. The decline has been attributed, in part, to the agency's slow…more

Cybersecurity, FDA, FTC, FTC v Actavis, Medical Devices

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Intern or Employee? Second Circuit Outlines Test to Determine Unpaid Interns' Status Under Fair Labor Standards Act and New York Labor Law

The U.S. Court of Appeals for the Second Circuit July 2 handed down a significant decision in Glatt v. Fox Searchlight Pictures, Inc. in connection with a pair of lawsuits challenging the legality of unpaid internships under…more

Appeals, Class Action, Class Certification, Classification, DOL

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FTC Issues Enforcement Statement, Business Guide on Native Advertising

The Federal Trade Commission this week issued an enforcement policy statement on “native advertising,” explaining how existing advertising regulations apply to this advertising format, among others. The “Enforcement Policy…more

Disclosure Requirements, FTC, Native Advertising, Online Advertisements, Policy Statement

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Women in sports make a name for themselves in 2015

Was 2015 a seminal year for women in sports? Looking back, it sure seems that way. Female athletes achieved many firsts in 2015, as did other women in areas of sports that are traditionally dominated by men. And perhaps just as…more

Athletes, Celebrity Endorsements, Gender Equity, MLB, NFL

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It’s all fun and games until someone gets hit with a hefty FTC fine

Two developers of mobile apps for children recently learned an expensive lesson about their legal responsibilities when it comes to protecting children’s privacy. Together, the companies will pay a total of $360,000 in…more

App Developers, COPPA, Enforcement Actions, FTC, Mobile Apps

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Net Working Capital Adjustments in M&A Deals: The Buyer’s Perspective

Working capital is an important measure of a company’s liquidity. Without sufficient working capital, a business will not be able to pay suppliers, employees, landlords and other providers whose goods and services are required…more

Acquisitions, Capital Requirements, Dispute Resolution, Financial Statements, GAAP

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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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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

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Developing a Framework for Arbitrating Standards-Essential Patent Disputes

A growing chorus of voices is calling for the use of arbitration to resolve disputes concerning standards-essential patents (SEPs). Those advocating the arbitration of SEP-related disputes include academic commentators, …more

Arbitration, Patent Litigation, Patents, Standard Essential Patents

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DAA Guidance for Cross Device Data Collection

On the same day that the Federal Trade Commission was holding a workshop on cross-device tracking, the privacy self-regulatory group Digital Advertising Alliance released guidance related to the cross-device collection and use…more

Cross-Device, Data Collection, Digital Advertising Alliance, New Guidance, Opt-Outs

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FAST Relief for EGCs and Others: JOBS Act 2.0

A just-enacted 500-page transportation bill (the FAST Act) contains provisions nicknamed JOBS Act 2.0 (after the popular JOBS Act of 2012), which liberalized aspects of federal securities to encourage capital…more

Emerging Growth Companies, Fixing America’s Surface Transportation Act (FAST Act), JOBS Act, Regulation S-K, SEC

See All Updates »

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, Contract Drafting, Interest Rates, Libor, Loan Agreements

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Latest Challenge by IRS to Family Valuation Discounts

Overview. Many sophisticated estate planning techniques include gifts, sales or other transfers to family members that incorporate significant discounts on the value of the property transferred. These discounts can range from 15…more

Business Entities, Estate Planning, Family Members, Gifts, Inter Vivos Gifts

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Subscription Lenders - Beware of Investor Opt-Out

Subscription lenders to a private equity fund base their credit decisions on the quality of the fund's investors whose capital commitments to the fund are pledged to secure the credit extensions. Inherent in the lender's…more

Due Diligence, Investors, Private Equity, Private Equity Funds, Unrelated Business Income Tax

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What Will 2015 Look Like? Trends in the Securities Industry

... it’s never too early to look into the future to see how the year might unfold in the securities industry. Here are some trends and predictions for early 2015: - In Increased regulatory scrutiny of ..securities…more

Alternative Mutual Funds, Banks, Brokers, Conflicts of Interest, Equity Financing

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The Anti-Cookson Clause Revisited: A Useful Tool for Lien Restrictions

In any secured financing, lenders are concerned about their liens being primed. This is of particular concern where the financing permits, as many financings often do, the incurrence of additional secured debt by the borrower or…more

Lien Priority, Liens, Private Placements, Secured Debt, Senior Lenders

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Estate Planning for Your Digital Assets

If you use a computer, you likely have digital assets that should be addressed as part of your estate planning. Access to digital assets is governed by an evolving and complicated technical and legal framework, including federal…more

Computer Fraud and Abuse Act, Copyright, Deceased, Digital Assets, Facebook

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Women in sports make a name for themselves in 2015

Was 2015 a seminal year for women in sports? Looking back, it sure seems that way. Female athletes achieved many firsts in 2015, as did other women in areas of sports that are traditionally dominated by men. And perhaps just as…more

Athletes, Celebrity Endorsements, Gender Equity, MLB, NFL

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Subscription Lenders - Beware of Investor Opt-Out

Subscription lenders to a private equity fund base their credit decisions on the quality of the fund's investors whose capital commitments to the fund are pledged to secure the credit extensions. Inherent in the lender's…more

Due Diligence, Investors, Private Equity, Private Equity Funds, Unrelated Business Income Tax

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Abolish the Attorney Client Privilege - It serves little use in practice, while the work-product privilege offers a safer harbor.

One of the great myths of the legal profession is that the attorney- client privilege promises absolute confidentiality, to ensure clients’ full disclosure to their counsel. However, as most lawyers know too well, clients have a…more

Attorney-Client Privilege, Confidential Information, Work Product Privilege

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FCC Order Clarifies Many Details in TCPA and FCC Rules Regarding Call and Text Message Marketing

In response to 20 petitions from various marketing companies, industry groups and advertisers, as well as a request for clarification from the National Association of Attorneys General, the Federal Communications Commission…more

Attorney Generals, Auto-Dialed Calls, Call Blocking, Declaratory Rulings, Exemptions

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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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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

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College Coaching Comebacks Petrino and Pearl Get Second Chances: The Moral(s) of the Story

Bobby Petrino seems to turn every team that he coaches into a winner – and a cash cow. After Petrino took over the Louisville Cardinals in 2003, he increased the team’s revenue from $10 million to $19 million in just three…more

Athletes, Coaches, College Athletes, Colleges, Sports

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FICA Special Timing Rule for Nonqualified Deferred Compensation Applies Even When Employees Never Receive Deferred Amounts

The Federal Insurance Contributions Act (FICA) tax is comprised of a Social Security tax, currently at a 6.2 percent rate for each of the employer and employee on wages up to $117,000 (the Social Security "wage base") and a…more

FICA, FICA Taxes, Healthcare, Medicare, Medicare Taxes

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Naruto v. Slater - USDC, N.D. California, January 28, 2016

District court dismisses copyright infringement action brought on behalf of macaque monkey who took “selfies” using defendant photographer’s camera, holding that animals lack standing under the Copyright Act…more

Article III, Copyright Infringement, Copyright Litigation, PETA, Standing

See All Updates »

Congress Extends Various Tax Benefits

There has been a long history of various tax benefits being extended for short periods. In many recent years, Congress has enacted provisions late in the year, often in December, to extend various provisions for another year,…more

Charitable Deductions, Corporate Taxes, Income Taxes, IRA Rollovers, Tax Extensions

See All Updates »

FTC Issues Enforcement Statement, Business Guide on Native Advertising

The Federal Trade Commission this week issued an enforcement policy statement on “native advertising,” explaining how existing advertising regulations apply to this advertising format, among others. The “Enforcement Policy…more

Disclosure Requirements, FTC, Native Advertising, Online Advertisements, Policy Statement

See All Updates »

Federal Circuit Interprets BPCIA for First Time

The U.S. Court of Appeals for the Federal Circuit today decided issues of first impression relating to the statutory interpretation of the Biologics Price Competition and Innovation Act of 2009 (BPCIA). In a split decision in…more

Amgen, Biologics, Biosimilars, BPCIA, FDA

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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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Latest Challenge by IRS to Family Valuation Discounts

Overview. Many sophisticated estate planning techniques include gifts, sales or other transfers to family members that incorporate significant discounts on the value of the property transferred. These discounts can range from 15…more

Business Entities, Estate Planning, Family Members, Gifts, Inter Vivos Gifts

See All Updates »

FCC Order Clarifies Many Details in TCPA and FCC Rules Regarding Call and Text Message Marketing

In response to 20 petitions from various marketing companies, industry groups and advertisers, as well as a request for clarification from the National Association of Attorneys General, the Federal Communications Commission…more

Attorney Generals, Auto-Dialed Calls, Call Blocking, Declaratory Rulings, Exemptions

See All Updates »

The USPTO Offers Additional Clarifications on Patent Eligibility

Since the U.S. Supreme Court issued its most recent ruling on patentable subject matter in June 2014, examiners, applicants, and practitioners have had a difficult time determining what is patentable subject matter. In Alice…more

CLS Bank v Alice Corp, Patent Litigation, Patent-Eligible Subject Matter, Patents, SCOTUS

See All Updates »

Naruto v. Slater - USDC, N.D. California, January 28, 2016

District court dismisses copyright infringement action brought on behalf of macaque monkey who took “selfies” using defendant photographer’s camera, holding that animals lack standing under the Copyright Act…more

Article III, Copyright Infringement, Copyright Litigation, PETA, Standing

See All Updates »

Contact

10100 Santa Monica Boulevard Suite 2200
Los Angeles, California 90067-4164, United States

  • 310.282.2000
  • 310.282.2200

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
  • Criminal Law
  • Debtor/Creditor
  • Energy & Utilities
  • Environmental Law
  • Finance & Banking
  • Insurance
  • Intellectual Property
  • International Law & Trade
  • Labor & Employment Law
  • Litigation
  • Mergers & Acquisitions
  • Privacy
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Taxation
  • Wills, Trusts, & Estate Planning
See more
Locations
Other U.S. Locations
  • California
  • D.C.
  • Illinois
  • New York
  • Tennessee
Other Countries
  • China
  • Hong Kong
Number of Attorneys

100+ Attorneys

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