News & Analysis as of

Solicitation

Financial Services Weekly News - April 2017 #3

by Goodwin on

Editor's Note - Cross River Bank Takes on Colorado in True Lender Action. This past January, the Administrator of Colorado’s Uniform Consumer Credit Code filed a court action against Marlette Funding LLC (Marlette),...more

Craigslist Garners $60 Million Judgment against Radpad in Scraping Dispute

For years, craigslist has aggressively used technological and legal methods to prevent unauthorized parties from violating its terms of use by scraping, linking to or accessing user postings for their own commercial purposes....more

If You Checked The Box, You’re Bound By The Contract

A recent decision by the Third Circuit Court of Appeals highlights the well-established legal maxim that “when a party enters into a signed, written contract, that party is presumed to understand and assent to its terms.”...more

Alabama Ethics Commission Update

Last week, the Alabama Ethics Commission (the “Commission”) held its first of six scheduled meetings for the year. At the meeting, the Commission issued a new opinion addressing charitable solicitations and amended a...more

First Criminal Prosecution Under Amended Arizona Telemarketing Law

by Klein Moynihan Turco LLP on

Last week, Arizona State resident Lukeroy Rose became the first person to plead guilty to an alleged criminal violation of a recently amended Arizona telemarketing law. How can telemarketers and text message marketers...more

Trademark Red Tape: Comeuppance For Trademark Con-Artists

January 2017 - Happy holidays and welcome to the 2017 New Year edition of Trademark Red Tape, our periodic round-up of trademark news and happenings at the United States Patent & Trademark Office. Here are the...more

Scams, The Biggest Threat to Patent and Trademark Owners

After threading the tortuous path through the U.S. Patent and Trademark Office, and withstanding assaults of infringers, who would have thought that one of the biggest problems for patent and trademark owners is scammers? ...more

NY Medical Providers: Use Caution When Soliciting Positive Reviews on Consumer-Review Websites

by Farrell Fritz, P.C. on

Consumers often seek online reviews of a business on platforms such as Yelp, CitySearch, Yahoo and Google Plus Pages before purchasing products or services. This includes patients seeking online reviews of a physician or...more

Alabama Ethics Commission Update

The Alabama Ethics Commission (the “Commission”) held a regularly scheduled meeting on October 5, 2016. At the meeting, the Commission formally extended the comment period for two significant advisory opinions affecting...more

ACA Reporting on Forms 1094-C and 1095-C, AIRTN500 Error Messages, and Incorrect and Missing Taxpayer Identification Numbers...

Employer-sponsored group health plans and health insurance issuers (or carriers) are subject to information reporting requirements under the Affordable Care Act (ACA), including the obligation to report taxpayer...more

ESMA issues advice on extension of the AIFMD Third Country Passport to 12 non-EU countries, including the United States

by Proskauer Rose LLP on

On July 19, 2016, the European Securities and Markets Authority (ESMA) published its final advice (Advice) on extending the application of the marketing passport under the Alternative Investment Fund Managers Directive...more

In Cambridge May Be Found One Reticent Pol/GoodSon/Serious Legislator

by PretiFlaherty on

I’m trying to decide what I like most about Cambridge rep David Rogers’s maiden speech. It’s a toss-up among three things: One, Rogers waited three-and-a-half years to give his maiden speech; two, Rogers spoke lovingly...more

SEC Brings First Action under Dodd-Frank Municipal Advisor Antifraud Rules

Two California-based municipal advisory firms and their executives have agreed to settle SEC charges that they used deceptive practices when soliciting the business of five California school districts....more

Decision: Agencies Are Not Required to Accept Size Standards Increased After Solicitation is Issued

by PilieroMazza PLLC on

Recently, the U.S. Court of Federal Claims issued the decision in Orion Construction Co. v. United States, No. 15-1505C (Fed. Cl. April 1, 2016) which is a cautionary tale for all small business offerors regarding the risk of...more

Valuable Information Security Lessons from the Olympus Mortgage vs. Guaranteed Rate Case

by Baker Donelson on

Late last month a jury awarded Mount Olympus Mortgage Company (MOMC) more than $25 million for their claims against Guaranteed Rate (Guaranteed), which alleged Guaranteed along with other former employees of MOMC illegally...more

Check Your Solicitation Policies and How You Apply Them

Most employers prohibit solicitation in the workplace, often not allowing outsiders to come onto company property and prohibiting employees from soliciting their coworkers while they are working. The National Labor Relations...more

8th Circuit Upholds Employer’s Right to Discipline Workers Who Solicit During Working Time

by Seyfarth Shaw LLP on

Last Friday, a three-judge panel for the Eighth Circuit Court of Appeals ruled in ConAgra Foods v. NLRB, case number 14-3771 (decision), that ConAgra Foods Inc. did not violate federal labor law when it disciplined a worker...more

Court Examines Disclosure Duties in Consent Solicitaion Removing Directors

In Kerbawy v. McDonnell, the Delaware Court of Chancery affirmed the validity of a solicitation of written consents that removed certain directors and appointed new directors. A key theme of the opinion is that stockholders...more

DOE Accepting Nominations For Biomass Research And Development Technical Advisory Committee

by Bergeson & Campbell, P.C. on

On July 15, 2015, DOE posted a solicitation notice for candidates for the Biomass Research and Development Technical Advisory Committee. According to the notice, DOE is specifically looking for candidates with experience in...more

SEC Sets Compliance Date for Pay-to-Play Rule's Ban on Third-Party Solicitation of Government Entities

by Proskauer Rose LLP on

On June 25, 2015, the Securities and Exchange Commission (SEC) set a compliance date of July 31, 2015 for the ban on payments to third parties for the solicitation of advisory business from any government entity under Rule...more

Tennessee Non-Profits Take Note: Failure to Register May Result in Significant Fines

by Burr & Forman on

Over the last few of months, the Tennessee Department of State, Division of Charitable Solicitations and Gaming (the “Division”) has filed at least seven lawsuits against non-profit organizations doing business in Tennessee....more

Construction Corner: Identifying the Need for a Construction Manager for Your School Construction Project

by Shipman & Goodwin LLP on

Now that we have reviewed the necessary steps for a successful solicitation process for a design professional, we will focus on the role a construction manager may play and offer suggestions on how to identify whether or not...more

Good News for Offerors who Provide Unique Low-cost Solutions to the Government

by PilieroMazza PLLC on

The author and playwright Clare Boothe Luce, known for her feline wit, is famously supposed to have said “No good deed goes unpunished.” While that remark may have had validity that in the 1930s New York café society, it...more

Free Speech for All . . . Except Judges?

by Butler Snow LLP on

Last month, in one of the most closely-watched cases of the October 2014 Term, the U.S. Supreme Court held that States may prohibit judges and candidates for judicial office from personally soliciting campaign funds. The...more

SEC Radically Revamps Regulation A - Part 2

by Foley Hoag LLP on

Contents of Offering Statement - For many years, SEC Regulation A languished as an exemption from registration that nobody really used. Although securities issued in a Regulation A offering are not “restricted...more

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