News & Analysis as of

Vagueness

CFTC Case Updates: Settlement Highlights Agency’s New Premium on Cooperation; 7th Circuit Upholds Criminal Spoofing Conviction

On August 7, 2017, the Commodity Futures Trading Commission (CFTC or Commission) announced a settlement for a civil penalty of $600,000 with the Bank of Tokyo Mitsubishi UFJ, Ltd. (BTMU) for alleged spoofing violations, with...more

Unmet Garmin Factor 3 Proves Fatal for Additional Discovery Request

by Jones Day on

In Polygroup Ltd. v. Willis Electric Co., Ltd., the Patent Trial and Appeal Board denied a Patent Owner request for documents already provided in a co-pending lawsuit but restricted from use by a protective order....more

Beckles v. United States: Supreme Court holds that sentencing guidelines may not be challenged on vagueness grounds

by Nexsen Pruet, PLLC on

In a unanimous (7-0) decision, Beckles v. the United States, the U.S. Supreme Court held on Monday that defendants cannot challenge the sentencing guidelines on vagueness grounds because the guidelines, unlike statutes, are...more

A Lesson on the Meaning of “Harangue” and “Oration”

In U.S. v. Brownstein, the U.S. Court of Appeals for the DC Circuit, reversing the District Court, held that a federal law regulating conduct in the Supreme Court Building, 40 U.S.C. § 6134, which prohibits “harangues and...more

NLRB Continues to Click “Dislike” on Social Media Policies

by Foley & Lardner LLP on

As the National Labor Relations Board (NLRB) continues its assault on employer personnel policies, certain policies seem to be getting particular attention. Various recent NLRB opinions have imposed a number of limitations on...more

Supreme Court to Decide if Disparagement Provision in the Lanham Act is Invalid Under the First Amendment

by Fenwick & West LLP on

On September 29, 2016, the Supreme Court agreed to review Lee v. Tam, better known as “THE SLANTS” case, to assess the constitutionality of the Trademark Office’s refusal to register disparaging marks under Section 2(a) of...more

Court Enjoins Enforcement of “Safe Harbor” Deadline for Piece Rate Law

by Seyfarth Shaw LLP on

Seyfarth Synopsis: A court has temporarily suspended the deadline for employers to elect the statutory “safe harbor” for purposes of complying with recent legislation that makes it even more difficult for employers that pay...more

DOL Persuader Regulations Expose Every Employer to Reporting Requirements and Disclosures

by Morgan Lewis on

All employers should examine their use of labor and employment service providers to mitigate unwanted disclosure of fees paid to such providers. To protect confidentiality and the integrity of the attorney-client...more

The Supreme Court - April 2016 #2

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued one decision on April 18, 2016: - Welch v. United States, No. 15-6418: Last term, the Supreme Court, in Johnson v. United States, 576 U.S. __ (2015), held that the residual...more

Two Additional Lawsuits Filed Challenging the DOL’s Final Persuader Rule

by Seyfarth Shaw LLP on

In follow-up to our earlier blog post about the first lawsuit to challenge the U.S. Department of Labor’s Final Persuader Rule that was promulgated in late March, two additional lawsuits have been filed challenging the Final...more

The Year in Review

by Ellis & Winters LLP on

As 2015 comes to a close, we thank you, our readers, for your interest and support. When we started this blog, we sensed that businesses, judges, and lawyers had a watchful eye on N.C. Gen. Stat. § 75-1.1. Thank you for...more

California Law and Background Screening

by Arnall Golden Gregory LLP on

Happy post-Thanksgiving! News flash for the background screening industry as well as users of background checks in California. The California Supreme Court has agreed to consider whether the Investigative Consumer Reporting...more

Strike Three: Antitrust Claims in Florida Auto Insurer Proceeding Dismissed With Prejudice

by Baker Donelson on

On September 23, District Court Judge Gregory Presnell (Middle District of Florida) dismissed the antitrust claims asserted by a class of auto body shops in A&E Auto Body v. 21st Century Centennial Insurance, this time with...more

California’s ICRAA is Not Unconstitutionally Vague

by Arnall Golden Gregory LLP on

An appeals court in California recently held that California’s Investigative Consumer Reporting Agencies Act (ICRAA) is not unconstitutionally vague. (Connor v. First Student, Inc., et al., Cal. Court of Appeal, Second...more

CT Law of the Land

by Pullman & Comley, LLC on

Week of July 6 - In June 2015, the Connecticut Appellate Court issued two significant land use decisions summarized below. In the first decision the Court analyzed when a town’s zoning regulation might be deemed void...more

Void-for-Vagueness Challenges to Section 75-1.1

by Ellis & Winters LLP on

This month’s Clark v. Toyota decision from the U.S. District Court for the Western District of North Carolina has a number of interesting features, as we noted in our last post. Today, we’ll look at another one of those...more

Appellate Court Notes - Week ending March 24

by Pullman & Comley, LLC on

SC18996 - Meyers v. Livingston, Adler, Pulda, Meiklejohn & Kelly, P.C. This case arrived from a divided Appellate Court where some jurist opined that the plaintiff’s attorney malpractice claims sounded solely in tort,...more

BB&K Police Bulletin: Ammunition Regulations: Criminal Statutes Restricting “Handgun Ammunition” Vague and Invalid

by Best Best & Krieger LLP on

Overview: A California appellate court recently held that criminal statutes regulating handgun ammunition (defined as ammunition “principally for use” in “pistols, revolvers, and other firearms”) were unconstitutionally vague...more

Australia: GST clause held to be void for uncertainty

by DLA Piper on

A recent decision of the Victorian Supreme Court, in the case of Cityrose Trading Pty Ltd v Booth, highlights the need for suppliers to ensure that all of their transaction documents (including contracts, agreements and...more

What Can a Business Leader Learn from the Missteps of Basketball Star Derrick Rose?

by Greentarget on

When a company is confronted with any big issue, it must decide whether to adopt a “no comment” stance or offer a response. Depending on the situation, one choice may outweigh the other. But sometimes that decision changes...more

Law 360 Quotes Proskauer’s Concerns & Guidance Regarding NDAA Whistleblower Rules

In an Employment Law 360 article (subscription required) today, Steve Pearlman, co-head of Proskauer’s Whistleblowing & Retaliation Group, commented on the ramifications of the passage of the National Defense Authorization...more

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