Due Process

New York Appeals Court Overturns Sanction Requiring Bank To Accept Terms Of Trial Loan Modification

by BuckleySandler LLP on 5/20/2013

On May 1, the Supreme Court of the State of New York, Appellate Division, overturned a lower court’s order requiring a lender to modify a borrower’s loan agreement under the terms employed in the trial period as the penalty...more

Marketplace Fairness Act of 2013 Passes United States Senate

by Stanley Kaminski, Carolyn Sprinchorn | Duane Morris LLP on 5/9/2013

On May 6, 2013, the United States Senate passed the Marketplace Fairness Act of 2013 (the "Act") by a vote of 69 to 27. The legislation (S. 743) now moves to the House of Representatives for consideration....more

The Evolving Law of Personal Jurisdiction May Affect International Supply Chain Risk

by Jonathan M. Cohen, Katrina Johnson | Gilbert LLP on 5/9/2013

In the last two months, the United States Supreme Court granted review in two cases involving the limits of federal court jurisdiction over foreign companies: DaimlerChrysler AG v. Bauman, No. 11-965 (cert. granted Apr. 22,...more

Weekly Law Resume - May 2, 2013: Torts – Public Entity – Qualified Immunity for Police Officers

by Kevin Allen | Low, Ball & Lynch on 5/8/2013

A.D., et al. v. California Highway Patrol, et al. - United States Court of Appeals, Ninth Circuit (April 3, 2013) - The concept of qualified immunity involves shielding a police officer from a lawsuit where the...more

The Supreme Court Again Revisits (And May Rein In) Personal Jurisdiction: Two Cases Now Up Next Term

by Grant Esposito, Brian Matsui | Morrison & Foerster LLP on 4/30/2013

On April 22, 2013, the Supreme Court granted review in another personal jurisdiction case: DaimlerChrysler AG v. Bauman, No. 11-965 (cert. granted Apr. 22, 2013). The question presented in DaimlerChrysler is “whether it...more

Proposed E-Commerce Taxation Bill Might be Unconstitutional

by Michael Abate | Dinsmore & Shohl LLP on 4/26/2013

Much attention has been paid to the Marketplace Fairness Act currently under consideration in Congress. Understandably, that coverage has focused on whether the bill, which would permit states to require out-of-state...more

E-Commerce Providers Take Note: New York’s Highest Court Upholds “Amazon” Sales Tax Statute

by Hollis L. Hyans, Irwin M. Slomka | Morrison Foerster - Social Media on 4/25/2013

On March 28, 2013, the Court of Appeals, New York’s highest court, issued a decision in Overstock.com, Inc. & Amazon.com, LLC, et al., holding that New York’s “click-through nexus” statute does not violate the Commerce Clause...more

Agencies Are Barred From Using Two Attorneys From The Same Private Law Firm Where One Acts As Advocate And One As Advisor In A...

by Jeffrey L. Massey, Laura Izon Powell, Bruce A. Scheidt, Kristianne Seargeant, David W. Tyra | Kronick, Moskovitz, Tiedemann & Girard on 4/22/2013

A police officer claimed his due process rights were violated when a partner in a law firm advocated on behalf of a department within a city at a non-binding arbitration. Subsequently a partner from the same law firm advised...more

MoFo New York Tax Insights - Volume 4, Issue 4 - April 2013

by Hollis L. Hyans, Kara M. Kraman, Amy F. Nogid, Irwin M. Slomka | Morrison & Foerster - State + Local Tax... on 4/8/2013

In This Issue: New York Court of Appeals Upholds “Amazon” Statute; Guilty Plea and $5.5 Million Settlement Resolve New York’s False Claims Case; City ALJ Dismisses Case Seeking Interest on $30 Million Refund;...more

Sue and Settle – The Growing Problem of Closed-Door Rulemaking

by Christopher Nestor, David Overstreet | K&L Gates LLP on 4/8/2013

So-called “sue and settle” tactics are becoming an increasingly popular, problematic, and oftentimes successful litigation strategy used by pro-regulatory environmental groups. Because these groups, as well as regulators, are...more

Federal Judge Orders Service of Process through Facebook

by Alan Pate | BakerHostetler on 4/5/2013

In March, Judge Paul Engelmayer of the Southern District of New York ordered service of process on several international defendants through novel means—Facebook. ...more

Constitutionality of Detroit's Emergency Manager Challenged

by William W. Kannel, Adrienne Walker | Mintz Levin - Public Finance on 4/4/2013

Within days of Kevyn Orr’s appointment as Detroit’s Emergency Manager, a group of elected officials, union representatives, civil rights activist and clergy brought a lawsuit against Gov. Rick Snyder and Treasurer Andy Dillon...more

The Cahill Prosecution In Massachusetts: Vagueness Is Still A Problem After Skilling

by Jonathan Sack | Morvillo Abramowitz Grand Iason & Anello P.C.... on 4/4/2013

Vagueness is a common problem in white-collar criminal cases. In many instances the line between legal and illegal conduct is blurry at best. This means that someone could face prosecution, a damaged reputation, loss of...more

Webinar: Investigating and Resolving Sexual Assaults on Campus [Video]

by Pepper Hamilton LLP on 3/28/2013

Angelo Stio and Gina Maisto Smith discuss what was covered during the webinar and give a look at what to expect for future webinars on this topic. Every day, colleges and universities throughout the country, face the...more

Investigating and Resolving Sexual Assaults on Campus

by Pepper Hamilton LLP on 3/28/2013

Every day, colleges and universities throughout the country, face the challenge of promoting personal responsibility while striving to make their campuses as safe as possible. Efforts to make campuses as safe as possible...more

District Court Finds Boys’ Basketball Haircut Policy Does Not Constitute Discrimination Or Infringe Student Rights

by Brian P. Crowley | Franczek Radelet P.C. on 3/27/2013

In Hayden v. Greensburg Community School Corporation, the U.S. District Court for the Southern District of Indiana found that a school’s haircut policy for the boys’ basketball team did not constitute gender discrimination,...more

District Court Finds First Amendment Does Not Protect Former Guidance Counselor’s Sexually-Explicit Book

by Kendra Berner | Franczek Radelet P.C. on 3/12/2013

The Northern District Court of Illinois found that Rich Township High School District 227 did not violate the free speech rights of former guidance counselor and girls’ basketball coach Bryan Craig when it dismissed him based...more

New York Federal Court Holds SEC’s FCPA Enforcement Theory “Far Too Attenuated” For Jurisdiction

by BuckleySandler LLP on 3/1/2013

On February 19, the U.S. District Court for the Southern District of New York held that the SEC’s allegations of personal jurisdiction over a former CEO of Siemens’ Argentinian subsidiary – a German citizen with no direct...more

Limiting The FCPA’s Reach — Squaring Two Recent Decisions

by Michael Volkov on 2/28/2013

You can always count on the FCPA paparazzi. When things are quiet in the FCPA world, they will take a mountain and turn it into a molehill. They have nothing better to write about; they have nothing better to focus on then...more

PA Supreme Court Issues Business / Nonbusiness Income Decision

by Randy Varner | McNees Wallace & Nurick LLC on 2/27/2013

The Pennsylvania Supreme Court has held that a taxpayer’s gain from the sale of timberland was apportionable business income using the “functional test” of Pennsylvania’s amended definition of “business income.” Glatfelter...more

Ninth Circuit Clarifies Extraterritorial Reach of California Antitrust Laws

by Robert G. Kidwell, Evan Nadel, Harvey Saferstein | Mintz Levin - Antitrust on 2/25/2013

In AT&T Mobility LLC v. AU Optronics Corp., Ninth Circuit Case No. 11-16188 (Feb. 14, 2013), the Ninth Circuit held that California’s antitrust law, the Cartwright Act, could apply to a price fixing conspiracy of LCD panels...more

Sudden and Accidental Pollution in Massachusetts — Not Always Fatal To Coverage

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 2/22/2013

In some jurisdictions, an environmental claim under a liability policy with a “sudden and accidental” pollution exclusion has the same prospect of success as a due process claim under the strict scrutiny standard — strict in...more

Recent Administrative Law Notes

by Messer & Caparello, P.A. on 2/22/2013

The Fourth District Court of Appeal recently held that the due process rights of a party are not violated in the circumstance where the administrative law judge who issued the recommended order was not the same administrative...more

Additional State AGs Join Challenge To Dodd-Frank Act Provisions

by BuckleySandler LLP on 2/22/2013

On February 13, the plaintiffs in a case challenging portions of the Dodd-Frank Act sought leave to file a second amended complaint to add as plaintiffs the state attorneys general (AGs) of Alabama, Georgia, Kansas, Montana,...more

Ninth Circuit Upholds Denial of Compensation for Access Impairment

by Ben Rubin | Nossaman LLP on 2/21/2013

Earlier this week, in an unpublished decision (pdf), the Ninth Circuit affirmed the denial of compensation for construction that altered a point of access to an existing business. (Wardany v. City of San Jacinto (9th Cir....more

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New York Appeals Court Overturns Sanction Requiring Bank To Accept Terms Of Trial Loan Modification

Marketplace Fairness Act of 2013 Passes United States Senate

The Evolving Law of Personal Jurisdiction May Affect International Supply Chain Risk

Weekly Law Resume - May 2, 2013: Torts – Public Entity – Qualified Immunity for Police Officers

The Supreme Court Again Revisits (And May Rein In) Personal Jurisdiction: Two Cases Now Up Next Term

Proposed E-Commerce Taxation Bill Might be Unconstitutional

E-Commerce Providers Take Note: New York’s Highest Court Upholds “Amazon” Sales Tax Statute

Agencies Are Barred From Using Two Attorneys From The Same Private Law Firm Where One Acts As Advocate And One As Advisor In A...

MoFo New York Tax Insights - Volume 4, Issue 4 - April 2013

Sue and Settle – The Growing Problem of Closed-Door Rulemaking

Federal Judge Orders Service of Process through Facebook

Constitutionality of Detroit's Emergency Manager Challenged

The Cahill Prosecution In Massachusetts: Vagueness Is Still A Problem After Skilling

Webinar: Investigating and Resolving Sexual Assaults on Campus [Video]

Investigating and Resolving Sexual Assaults on Campus

District Court Finds Boys’ Basketball Haircut Policy Does Not Constitute Discrimination Or Infringe Student Rights

District Court Finds First Amendment Does Not Protect Former Guidance Counselor’s Sexually-Explicit Book

New York Federal Court Holds SEC’s FCPA Enforcement Theory “Far Too Attenuated” For Jurisdiction

Limiting The FCPA’s Reach — Squaring Two Recent Decisions

PA Supreme Court Issues Business / Nonbusiness Income Decision

Ninth Circuit Clarifies Extraterritorial Reach of California Antitrust Laws

Sudden and Accidental Pollution in Massachusetts — Not Always Fatal To Coverage

Recent Administrative Law Notes

Additional State AGs Join Challenge To Dodd-Frank Act Provisions

Ninth Circuit Upholds Denial of Compensation for Access Impairment

Webinar: Investigating and Resolving Sexual Assaults on Campus [Video]

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