Pillsbury Winthrop Shaw Pittman LLP

Sixth Circuit Rejects Clean Air Act Preemption of State Common Law Claims: Four Things to Know

In two decisions released on November 2, 2015, Merrick, et al. v. Diageo Americas Supply, Inc. and Little et al. v. Louisville Gas & Electric Company; PPL Corporation, the U. S. Court of Appeals for the Sixth Circuit…more
| Civil Procedure, Conflict of Laws, Energy & Utilities, Environmental Law, Personal Injury

As Reliance on “Digital Influencers” Grows, So Does FTC Enforcement

As we saw in a prior post regarding Kim Kardashian and Instagram, the FDA pays attention to how brand companies use paid celebrities to endorse their products. Likewise, the FTC closely scrutinizes how brand companies use paid…more
| Communications & Media Law

Say “Yes” to the Service Desk: 4 Keys to Documenting Services like a Champ

Of Silk and ServicesAs I listened to my wife, a custom wedding dress designer, talk a hysterical bride off the cliff this past weekend, I realized the conversation sounded eerily familiar. My wife was certain that the completed…more
| Commercial Law & Contracts

The Dos and Don’ts of an SEC Examination

The regulatory environment for SEC-registered advisers has become more complex as the result of a more aggressive and interconnected Securities and Exchange Commission (SEC). The connecting hub within the SEC is the Office of…more
| Administrative Law, Commercial Law & Contracts, Finance & Banking, Securities Law

Senate Passes Cybersecurity Information Sharing Bill Long Sought by Industry

On Tuesday, October 27, the U.S. Senate approved legislation, strongly supported by business groups, that would facilitate information sharing between government and industry and provide liability protection to companies that…more
| Elections & Politics, Privacy, Science, Computers, & Technology

The Cape Town Convention in the UK: IDERA Guidance from the CAA

The UK Civil Aviation Authority (CAA) has now issued detailed guidance on the irrevocable de-registration and export request authorisation (IDERA) process which is available here. All forms referenced below are also available on…more
| Administrative Law

Don’t Get Caught with your Transition Services Down (part 2 of 2)

In the first installment of this post, I posited that one factor contributing to disappointing results following a merger or acquisition is the flawed perception that transition services are not that important. I noted that this…more
| Business Organizations, Commercial Law & Contracts, International Law & Trade, Mergers & Acquisitions

SEC Finally Adopts “Regulation Crowdfunding”

The SEC’s final crowdfunding rules, which are largely consistent with the proposed rules, provide broader access to capital for startups and small businesses, though concerns over cumbersome disclosure and regulatory…more
| Business Organizations, Communications & Media Law, Finance & Banking, Securities Law

New DMCA Exemption Keeps Enthusiasts in the Game

Due to efforts by the Electronic Frontier Foundation (EFF), the Library of Congress adopted in its recent guidelines a limited exemption to the Digital Millennium Copyright Act (DMCA), allowing gamers and preservationists to…more
| Intellectual Property, Science, Computers, & Technology

Establishing the Boundaries of the OCILLA Safe Harbor

As user-generated content explodes over the Internet, intellectual property disputes over posting or uploading such content without the owner’s consent continue to escalate. As we touched on in a recent post, social media…more
| Art, Entertainment, & Sports Law, Communications & Media Law, Intellectual Property

Road Work Ahead: Automobiles and Augmented Reality

With still about a week left to go, Hudway’s Kickstarter campaign, which began last Wednesday for its augmented reality vehicle accessory, already has over 6,500 backers pledging more than $450,000—several times its initial…more
| Communications & Media Law, Science, Computers, & Technology, Transportation

False Hope or a Possible Safe Harbor Reboot?

With EU-U.S. data transfer scheme Safe Harbor being found to be “invalid” recently by Europe’s top court, pressure has increased on U.S. and EU officials to put aside differences and see if an alternative 2.0 scheme could be…more
| Commercial Law & Contracts, Elections & Politics, International Law & Trade, Privacy, Science, Computers, & Technology

The Cape Town Convention in the UK: Effective 1 November 2015

Following accession to the Cape Town Convention1 by the UK on 27 July 2015, the International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015 (the “Regulations”) will enter into force on 1 November…more
| Bankruptcy, Commercial Law & Contracts, Finance & Banking, International Law & Trade, Transportation

Top EU Court’s Ruling Subjects Companies Doing Business Across Europe To “New Sanctions” in Potentially Unfamiliar Jurisdictions

The Court of Justice of the European Union (CJEU) has been very busy in recent weeks re-shaping EU privacy laws. In addition to the much-anticipated decision in “Schrems” (Case C-362/14), which essentially rules the US-EU Safe…more
| Civil Procedure, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

South Carolina’s 1,000-Year Flood Requires Immediate Recovery Action

South Carolina was recently pummeled by a devastating storm that Governor Haley described as happening “once in a thousand years.” Compounding the resultant flooding, many dam breaks exacerbated the catastrophic losses South…more
| Commercial Law & Contracts, Insurance
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