Pillsbury Winthrop Shaw Pittman LLP

Ready For Takeoff! FAA’s New Commercial Drone Rule Takes Effect on August 29, 2016

The FAA’s new final rule, which will revolutionize commercial operations of small drones (also known as small Unmanned Aircraft Systems or “sUAS”), will become effective on Monday, August 29, 2016. The FAA is replacing its…more
| Transportation

FCC Enforcement Monitor ~ August 2016

Pillsbury’s communications lawyers have published FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others. This month’s issue includes: -…more
| Civil Procedure, Communications & Media Law

Texas SWDA Preempts Plastic Bags-Related Ordinance

On August 17, 2016, the Fourth District Court of Appeals sitting in San Antonio held, in a 2 to 1 decision, that a City of Plastic bagsLaredo ordinance prohibiting the distribution of “single use” plastic bags at check-out…more
| Conflict of Laws, Elections & Politics, Environmental Law

Proposed Section 2704 Regulations

On August 2, 2016, the Treasury Department released proposed regulations amending and expanding upon the current regulations to Internal Revenue Code Section 2704. The proposed regulations, if adopted, would affect the valuation…more
| Business Organizations, Taxation, Wills, Trusts, & Estate Planning

Unique Ruling Regarding Joint CERCLA Liability and Government Contracting Law and Practices

Lockheed Martin Corporation, one of the largest defense contractors in the United States, operated three California facilities that manufactured solid-propellant rockets for the United States Department of Defense pursuant to…more
| Environmental Law, Government Contracting

Florida Court: Bitcoin Isn’t “Money”, and Selling It Isn’t “Transmission”

A Florida criminal court has exonerated a defendant charged with violating state money transmission and money laundering laws. In Florida v. Espinoza, the State of Florida charged Michell Abner Espinoza with one count of…more
| Criminal Law, Finance & Banking, Science, Computers, & Technology

FinCEN Expands Scope of “All Cash” GTOs

Continuing its efforts to deter the use of real estate as a vehicle to launder proceeds of criminal activity, the Financial Crimes Enforcement Network (FinCEN) recently announced its plan to extend the reach and time frame of…more
| Criminal Law, Finance & Banking, Real Estate - Commercial, Real Estate - Residential

Brexit Board Briefing

The world is awash with uncertainty about Brexit. We imagine that you, like most, are sorting through it all. Pillsbury is here to help. Our dedicated Brexit Team is monitoring developments and weighing the legal risks and…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, International Law & Trade, Mergers & Acquisitions, Privacy

9th Circuit Agrees With BLM: Incidental Take Statements Are Reserved For Fish and Wildlife

In Center for Biological Diversity, et al., v. Bureau of Land Management, the U.S. Court of Appeals for the Ninth Circuit held that the Bureau of Land Management (BLM) did not violate the Endangered Species Act (ESA) when its…more
| Environmental Law, Zoning, Planning & Land Use

The EU’s Data Transfer “Privacy Shield”—Full Body Armor or a Candle in the Wind?

With the August 1st start of the Privacy Shield, the European Commission’s new and long-awaited transatlantic data transfer agreement with the U.S., businesses that had previously relied on the invalidated Safe Harbor scheme now…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade, Privacy, Science, Computers, & Technology

Sixth Circuit Upholds Criminal Restitution

An earlier case, decided by the U.S. Court of Appeals for the Sixth Circuit on June 3, 2016, is noteworthy because it resulted in an opinion affirming the government’s use of the criminal restitution laws to require a defendant…more
| Civil Procedure, Criminal Law, Environmental Law

Amazon Case Means EU B2C Website Terms May Need an Update

If you operate a website which does business with consumers based in the European Union, read on. In the recent case, Verein für Konsumenteninformation v Amazon EU Sàrl (28 July 2016), brought by Austrian consumer…more
| Commercial Law & Contracts, Consumer Protection, International Law & Trade

6th Circuit: Fed Agency Had No Authority to Preempt State-Law Limitations on States’ Activities

The U.S. Court of Appeals for the Sixth Circuit has decided a new federalism case. stopIn State of Tennessee, et al., v. Federal Communications Commission, decided on August 10, 2016, the Court of Appeals held that Section 706…more
| Civil Procedure, Communications & Media Law, Conflict of Laws

Fifth Circuit Declines to Stay of Compliance Order Flowing from Spill But Directs Expedited Briefing Schedule

On August 11, the U.S. Court of Appeals for the Fifth Circuit issued an opinion rejecting the ExxonMobil Pipeline Company’s request for a stay pending appeal of a Compliance Order issued by the Pipeline and Hazardous Materials…more
| Energy & Utilities, Transportation

Third Circuit: Federal Law Did Not Commandeer States To Act in Violation of Constitution

Can the federal government at times and, in all places, commandeer the states to act in a certain way? “Commandeering” refers to a federal requirement that state officials enact, administer, or enforce a federal regulatory…more
| Art, Entertainment, & Sports Law, Conflict of Laws, Constitutional Law, Elections & Politics
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