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Florida Senate Health Committee Passes Bill Addressing Unconstitutional Requirement In Medical Marijuana Law

by Fox Rothschild LLP on

Following up on my post from earlier this week, the Florida Senate Health committee unanimously passed SB 1134 which would strip out the requirement that black farmers who want to obtain a coveted medical marijuana license be...more

No Jurisdiction in Aviation Dispute Based on Online Manuals and Services Program

by Lane Powell PC on

In the modern economy, courts must grapple increasingly with questions about whether an out-of-state company’s online presence and programs subject it to potential jurisdiction in states throughout the country. This risk is...more

Supreme Court to Review SEC ALJs

by Burr & Forman on

On January 12, the US Supreme Court agreed to review the constitutionality of the SEC’s administrative law judges. On November 29, 2017, the SEC did an abrupt about-face, telling the Court it now regards its ALJs as...more

Cheers to Lifting Blue Laws on Pub Brewers

by Bowditch & Dewey on

Separation of church and state? Not so much when it comes to some liquor laws. For centuries, the so-called “blue laws” have placed restrictions on the sale of alcohol in Massachusetts. To be clear, the U.S. Supreme Court...more

The Data Breach Legal Limbo On Consumers’ Ability To Sue Hacked Companies

by Ifrah PLLC on

The first of the year is a good time to makes assessments, resolutions and predictions. We have some recommendations for companies that store and process consumer data: It is a good time to assess the strength of your data...more

Advanced Video Technologies LLC v. HTC Corporation Et Al.

by Knobbe Martens on

Federal Circuit Summaries - Before Newman, O’Malley, and Reyna. Appeal from the United States District Court for the Southern District of New York. Summary: A co-inventor did not transfer ownership interests in a...more

California Class Actions: 2018 Update

I. TWO SCOTUS DECISIONS THAT MATTERED - A. Litigation Tourism, Type 1: Bristol-Myers Squibb. - If you are sued by a “litigation tourist” in a class or mass action and suit is not brought in your home state, you now...more

Does California’s Alcoholic Beverage Control Act Provide an Independent Right to Terminate a Beer Distributor Agreement?

by Mulcahy LLP on

The recent case of Mission Beverage Company v. Pabst Brewing Company, 15 Cal.App.5th 686 (2017), explores whether California law provides an independent right to terminate a beer wholesaler’s distributor agreement and whether...more

Second Department Affirms Commercial Division Decisions Leaving Withdrawing LLC Members Without Compensation for Their Membership...

In Matter of Jacobs v. Cartalemi, No. 2016-05041, 2017 BL 435890 (2d Dep’t Dec. 6, 2017) (“Jacobs I”), a unanimous Appellate Division, Second Department panel affirmed an order by Westchester County Commercial Division...more

Standing Still: Fan Gets Second Chance to Bring Precarious NY/NJ Super Bowl Ticket Case

by Foley & Lardner LLP on

Recently, the Third Circuit U.S. Court of Appeals turned the switch on a fan’s seemingly dormant class action suit against the National Football League concerning its 2014 Super Bowl Ticket Distribution Policy, which limited...more

Texas Court Affirms Constitutionality of Statute Prohibiting Brewers from Selling Distribution Rights to Their Products

by McDermott Will & Emery on

Texas craft beer distributors received an early Christmas present in 2017. On December 15, 2017, the Texas Court of Appeals for the Third District, at Austin issued an opinion in Texas Alcoholic Beverage Commission v. Live...more

Voters May Petition to Tax Cannabis

by Low, Ball & Lynch on

California Cannabis Coalition v. City of Upland State - Supreme Court of California (August 28, 2017) - In California Cannabis Coalition v. City of Upland State, the Supreme Court of California held that while the state...more

Tam Extended: Prohibition of “Immoral and Scandalous” Trademarks Unconstitutional

The Court of Appeals for the Federal Circuit recently extended First Amendment protections for trademark applications in In re Brunetti, No. 15-1109 (Fed. Cir. December 15, 2017), ruling that Section 2(a) of the Lanham Act’s...more

Forum Selection, Jury Waiver and Choice of Law Provisions in Acquisition Agreements – March 2018

by Jackson Walker on

View Jackson Walker partner Byron Egan’s publication entitled, Forum Selection, Jury Waiver and Choice of Law Provisions in Acquisition Agreements, prepared for the TexasBarCLE Essentials of Business Law: Protecting Your...more

FIDIC Updates its Rainbow Suite of Contracts

by Jones Day on

Background: Fédération Internationale Des Ingénieurs-Conseils ("FIDIC")'s Red (Construction), Yellow (Plant and Design and Build) and Silver (EPC) Books ("Rainbow Suite of Contracts") are widely used on major construction and...more

How "Highest and Best Use" Can Substantially Impact Just Compensation for Landowners

by Nexsen Pruet, PLLC on

The taking of private property for public use is referred to as condemnation or eminent domain. While federal, state, and municipal governments may unilaterally take private property for public use, landowners are...more

Nation on Hold for Supreme Court Carpenter v. United States Decision

by Reed Smith on

On November 29, many interested audience members packed into the Supreme Court to witness oral argument on the issue of whether the Fourth Amendment demands that the government obtain a warrant in order to acquire long-term,...more

Court Holds Federal Law Preempts California Regulations Promoting Renewable Energy Projects

by Holland & Knight LLP on

• A solar developer claimed that California Public Utilities Commission (CPUC) orders promoting solar and wind generation under 3 megawatts (MW) prevented it from securing a contract from a utility under the Public Utility...more

DOJ sides with Lucia against the SEC in dispute over whether ALJs are inferior officers

by Ballard Spahr LLP on

The Supreme Court is considering a cert petition requesting that it hear the Lucia case, which we have blogged about extensively due to its potential impact on the outcome of the PHH case. Significantly, the DOJ recently...more

The Supreme Court - December 11, 2017

by Dorsey & Whitney LLP on

On Friday, the Supreme Court granted certiorari and agreed to hear arguments in seven cases: China Agritech, Inc. v. Resh, No. 17-432: Whether the rule from American Pipe and Construction Co. v. Utah, 414 U.S. 538 (1974),...more

Government Actions are Not Protected Speech Under California Anti-SLAPP Law - Appellate Opinion Stems from Disputed Construction...

by Best Best & Krieger LLP on

When a government entity issues a construction permit, that is government action not protected by California’s anti-SLAPP law — which extends only to constitutionally protected exercises such as “free speech” — the California...more

Third Circuit Continues the Marathon Battle Over Delaware’s Escheat Law

by Alston & Bird on

On December 4, 2017, the Third Circuit Court of Appeals vacated the Delaware federal district court’s dismissal of the plaintiffs’ claims in Marathon Petroleum Corp., et al. v. Cook. The court held that the plaintiffs did in...more

Top Considerations for Companies Engaging in Political Expression

by Perkins Coie on

We all know to avoid the topic of politics with family and friends at the holidays, but in recent months, American companies and the CEOs who lead them have spoken publicly on social and political issues like never before....more

The SEC Urges Supreme Court Review Of The Constitutionality Of Its Administrative Law Judges

On November 29, 2017, the Solicitor General filed a brief on behalf of the Securities and Exchange Commission (the "Commission") in Raymond J. Lucia et al. v. Securities and Exchange Commission, No. 17-130, asking the Supreme...more

Supreme Court Searches for Fourth Amendment Line for the Digital Economy

by Ropes & Gray LLP on

On November 29, 2017, the Supreme Court heard oral argument in Carpenter v. United States. The Court’s decision could have critical implications for companies operating in the digital economy and their ability to limit...more

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