News & Analysis as of

Third-Party

Troutman Pepper

FDIC Proposes New Rule to Strengthen Recordkeeping for Third-Party Deposits

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On September 17, the Federal Deposit Insurance Corporation (FDIC) announced a notice of proposed rulemaking (Proposal) aimed at enhancing recordkeeping for bank deposits received from fintech and other third-party, non-bank...more

Mintz - Antitrust Viewpoints

Senators Urge FTC, DOJ to Investigate AI Models That Copy Third-Party Content — AI: The Washington Report

On September 10, eight Democratic Senators urged the heads of the FTC and DOJ’s Antitrust Division to investigate certain generative AI features used by dominant online platforms that may violate competition laws. ...more

Farella Braun + Martel LLP

Careful What You Wish For: Demand Letters Can Result in Unintended Litigation

When seeing similar trademarks or trade dress employed by a third party, companies often immediately react with a demand letter requiring the target to “immediately cease and desist” its use of the IP and threatening...more

Foley & Lardner LLP

Fourth Circuit Holds No Article III Standing Where No Third-Party Viewed Inaccurate Information

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On September 11, 2024, the Fourth Circuit Court of Appeals held that there is no publication to a third party — and therefore no Article III standing under the Fair Credit Reporting Act (FCRA) — where the recipient of a...more

Conn Maciel Carey LLP

Crossover Alert: Illinois Day and Temporary Labor Services Act Imposes Various Labor Law and Workplace Safety Requirements on...

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By: Ashley D. Mitchell & Aaron R. Gelb On August 3, 2023, Illinois Governor J.B. Pritzker signed several amendments to the Illinois Day and Temporary Labor Services Act (“Act”) into law. The Act provides protections to...more

Womble Bond Dickinson

Calhoun v. Google - Continued Considerations for Privacy Notices

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Website owners often struggle to design privacy policies that are not only comprehensive, but also comprehensible. The tension between these competing concerns was in sharp focus in a recent Ninth Circuit decision, Calhoun v....more

Hendershot Cowart P.C.

OSHA's Controversial Walkaround Rule

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The Occupational Safety and Health Administration (OSHA) introduced a new walkaround rule this year to clarify that, like employers, employees have the right to designate a non-employee third party to be their representative...more

Vinson & Elkins LLP

"Supreme Court Rules Most Collateral Warranties Are Not Construction Contracts" in Abbey Healthcare v Simply [2024] UKSC 23

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On 9 July 2024, the Supreme Court unanimously held that collateral warranties deriving from or reflective of the primary building contract, and merely promising continued construction, are not generally considered agreements...more

Cranfill Sumner LLP

Supreme Court Sends Earthquake Through Bankruptcy Cases, Past, Present, and Future

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The legal wrangling over Purdue Pharma, L.P.’s bankruptcy plan has been splashed over the news. In Purdue Pharma’s case, the reorganization plan called for Purdue Pharma to become a non-profit organization, while the Sackler...more

Ward and Smith, P.A.

Think Twice — Avoiding Waiver of the Attorney-Client Privilege Through Issuance of a Press Release

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Imagine that your company has just been sued by a competitor for patent infringement, deceptive advertising, unfair competition, or any number of other business torts. The news of the lawsuit has been reported in various...more

Seyfarth Shaw LLP

New York Joins States Permitting Dealers To Claim Warranty Reimbursement Using Third Party Labor Time Guides - Seyfarth's Future...

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On September 4, 2024, New York Gov. Kathy Hochul signed into law an amendment to New York’s warranty reimbursement statute, N.Y. Veh. & Traf. Law § 465, requiring manufacturers to compensate dealers for labor using the...more

Husch Blackwell LLP

U.S. Privacy Litigation Update: August 2024

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Keypoint: California district courts continue to split over whether “knowledge” is required to plead liability under Section 631(a)’s fourth prong while two decisions show courts taking different approaches to VPPA claims at...more

BCLP

Possible Reprieve on Federal PFAS Reporting Under TSCA: US EPA Issues Direct Final Rule Extending TSCA PFAS Reporting Deadlines

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Companies subject to the Toxic Substances Control Act (“TSCA”) Section 8(a)(7) Reporting and Recordkeeping Requirements for Perfluoroalkyl and Polyfluoroalkyl Substances (“PFAS”)—also known as the “TSCA PFAS Reporting...more

Kerr Russell

Price Collusion in the Crosshairs

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There has been a spate of legislation and lawsuits targeting the use of software that gives visibility to competitors’ prices. This allows firms to adjust their prices, either undercutting the competition or setting a de...more

Baker Botts L.L.P.

Lawline Sued under the VPPA

Baker Botts L.L.P. on

On August 23, 2024, a proposed class action lawsuit was filed by Kamilah Jolly, against FurtherEd, Inc., doing business as Lawline, which centers on allegations that Lawline violated the Video Privacy Protection Act (VPPA)....more

Fox Rothschild LLP

The Impact of Purdue Pharma

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It has been approximately two months since the highly anticipated Supreme Court decision in Harrington v. Purdue Pharma L.P., and it is already making a significant impact in bankruptcies around the country. In September...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Storage Tanks/Rate Establishment Guide for State Financial Assurance Funds: ASTSWMO Report

The Association of State and Territorial Solid Waste Management Officials (“ASTSWMO”) issued on August 24, Part One of a document titled: Rate Establishment Guide for State Financial Assurance Funds (“Guide”)....more

Husch Blackwell LLP

U.S. Privacy Litigation Update: July 2024

Husch Blackwell LLP on

Keypoint: Courts have started to issue Pixel-based wiretapping decisions, the Seventh Circuit weighs in on when a manufacturer can be forced to pay arbitration fees, and three courts showed different approaches to dismissing...more

Faegre Drinker Biddle & Reath LLP

Post-Purdue Pharma, Two Bankruptcy Courts Chime In on Preliminary Injunctive Relief for Nondebtors

For decades, bankruptcy courts have extended the automatic stay through preliminary injunctions halting litigation against a debtor’s nondebtor codefendants. Such relief was relatively routine when the codefendants were the...more

Husch Blackwell LLP

BIS Issues New Guidance to Combat Russia Diversion Risks and Highlights Recent Enforcement Actions

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Recently, the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”) issued new guidance to exporters intended to further assist BIS in its efforts to crack down on third-party diversion to Russia. ...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The truth about index funds and fee disclosure

I’ve always been a big fan of index funds, probably more so when exchange-traded funds became a thing. From experience, most funds fail to meet the benchmarks. Yet, I grew up in the retirement plan business when it was...more

BCLP

Federal Court Rejects Motion to Dismiss Wiretap Claims Using HIPAA to Support Crime-Tort Exception Allegations

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It has now become commonplace for Plaintiffs’ attorneys to bring claims alleging that routine marketing techniques, including the deployment of behavioral advertising cookies and pixels, constitute wiretaps in violation of...more

Stark & Stark

Workplace Liability When a Third Party is Negligent

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When an individual suffers a work-related injury in the State of New Jersey, their employer (if the employer is self-insured), or the employer’s workers’ compensation insurance carrier is legally obligated to provide three...more

Fisher Phillips

Google Halts Plan to Phase Out Third-Party Cookies: 3 Essential Next Steps for Businesses

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Google no longer plans to remove third-party cookies from its web browser, according to a July 22 announcement. Instead, the tech giant will explore other options that allow users to make informed choices that apply across...more

Mayer Brown

Using Customer-Facing Platforms in Multi-Channel Approach

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Companies, across a variety of industries, are increasingly taking a multi-channel approach to core product and service delivery. While a company-owned website or app often remains the primary way for the company to interface...more

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