News & Analysis as of


The Silent No: Initial Adverse Agency Action Can Simply Be No Action at All

Coming on the heels of a decision presenting two timeliness reminders, which we addressed in “GAO Presents a Study in Timeliness Traps,” the GAO once again issued a decision last week presenting a third timeliness trap of...more

FTC Issues Refunds to Allegedly Misled Debt Counseling Customers

by Weiner Brodsky Kider PC on

The Federal Trade Commission announced its plans to mail checks totaling more than $480,000—averaging approximately $84.27 per check—to thousands of customers who were allegedly misled by a national debt counseling company’s...more

A Tale of Two Cases: LinkedIn Postings as Solicitations

by Butler Snow LLP on

Recently, two different courts reached two different results in determining whether employees’ LinkedIn postings amounted to a solicitation in contravention of a nonsolicitation agreement. In Bankers Life & Cas. Co. v. Am....more

Maine Extends Reach of Its Fair Debt Collection Practices Act

by Weiner Brodsky Kider PC on

On February 6, 2018, the state of Maine updated its Fair Debt Collection Practices Act to expand the range of debt collection activities that are subject to the statute’s licensing requirements. The Act made two changes to...more

What went wrong? Campaign telemarketer fined by FTC

by Bricker & Eckler LLP on

While false statements are no longer actionable in the election arena, the Federal Trade Commission (FTC) can, and recently has, targeted telemarketers involved in allegedly deceptive solicitations. ...more

France Announces Its First Deferred Prosecution Agreement

In a move that could signal a new phase of government enforcement in France, on November 27, 2017, French authorities published a Convention judiciaire d’intérêt public (CJIP) with HSBC Private Bank Suisse SA (HSBC PB), the...more

Private Funds and Managers – Navigating Broker-Dealer Requirements

by Foley & Lardner LLP on

When looking to raise capital, broker-dealer compliance may not be at the forefront of a private fund manager’s mind. However, engaging individuals (including the fund manager’s employees) or firms to identify, introduce or...more

SFC Highlights Deficiencies in Asset Management Industry

• The SFC has identified nine common areas of non-compliance in managing funds and discretionary accounts. • The SFC urged licensed corporations to review their existing internal control procedures and operational...more

Nonprofit Fundraiser Escapes TCPA Case

An Illinois federal judge has ruled that a fundraising company working for a nonprofit, tax exempt organization did not violate the Telephone Consumer Protection Act (TCPA) when it called a number listed on the National Do...more

Unstated Evaluation Criteria And Waived Solicitation Requirements (Bid Protest Primer #10)

This week we’ll discuss two protest arguments that are, in some ways, two sides of the same coin: unstated evaluation criteria and waived or relaxed solicitation requirements. In each, the focus of the protest is on what...more

MoFo IP Newsletter - October 2017

by Morrison & Foerster LLP on

8 Ways To Avoid Inter Partes Review Estoppel - Inter partes review has become an enormously popular method of challenging patents. One important downside of filing for IPR, however, is that, if the petitioner loses, it...more

Federal Court Applies Charitable Organization Exemption in Telephone Consumer Protection Act Case

by Jones Day on

The Situation: A federal court recently weighed in on some of the considerations involved in applying the Telephone Consumer Protection Act's ("TCPA") exemption for charities and the third-party services that conduct...more

Arkansas Natural Resources Commission Solicitation: Projects, Programs, Initiatives and Activities Related to Water Quality...

The Arkansas Natural Resources Commission (“ANRC”) states that it is, in cooperation with the University of Arkansas Division of Agriculture Public Policy Center, soliciting information: - . . . of Water Quality...more

Latent Ambiguities and Non-Apparent Solicitation Defects (Post-Award Protest Primer #9)

Having discussed protest grounds you cannot or should not raise, we turn now to the first in a series of grounds that could result in a sustained protest: Latent Ambiguities and Non-Apparent Solicitation Defects....more

Ethics and Advertising: A compilation of North Carolina rules and opinions

by Nexsen Pruet, PLLC on

This paper is a compilation of the North Carolina State Bar rules and opinions on ethics and advertising. As with all other areas governed by the North Carolina State Bar, rules change and additional opinions are...more

LinkedIn Over Her Head: When Broadcasting a Change in Employment Counts as Solicitation

by Fisher Phillips on

A recent blog post discussed an Illinois state court decision evaluating an employer’s claim against a former employee for breach of a non-solicitation agreement, when the employee had added former co-workers on LinkedIn...more

Chris Lazarini Analyzes Challenge to Amended MSRB Political Contribution Rules

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed a challenge brought by three Republican state party organizations related to the legality of the 2016 Amendments to MSRB Rule G-37 barring brokers and dealers from...more

Ending Data Scraping Dispute, Craigslist Reaches $31M Settlement with Instamotor

Craigslist has used a variety of 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. For...more

Don’t be duped by the trademark solicitation

by McAfee & Taft on

The number of companies soliciting trademark renewals and other products or services from trademark registrants has skyrocketed. Why? Because the solicitations are effective in duping trademark owners into thinking the fees...more

Who Poked Whom First: Does a Friend Request or Social Media Invite Count as Solicitation?

by Fisher Phillips on

When Gregory Gelineau quit his job at an Illinois-based insurance company to work for a competitor, he sent LinkedIn invitations to a group of his former co-workers. In response, Gelineau’s former company sued him. The...more

NLRB: Employer Should Not Have Asked an Employee How Things Were Going During a Union Campaign

by Foley & Lardner LLP on

Employers must tread carefully when communicating with employees during union organizing campaigns. A seemingly innocuous question can violate the National Labor Relations Act’s (NLRA) prohibition on employers soliciting...more

Illinois Court Holds that LinkedIn Invitations do not Constitute Solicitations

by Clark Hill PLC on

In Bankers Life & Cas. Co. v. Am. Senior Benefits LLC, 2017 IL App (1st) 160687-U, the Illinois Appellate Court recently held that a former employee’s actions in sending LinkedIn invitations to employees at his prior firm did...more

Employer’s Asking Employee “How Things Are Going?,” Prelude to Unlawful Solicitation of Grievances, Board Majority Rules

We are on the verge of the Board majority changing for the first time in approximately a decade. The President’s two appointees, if confirmed, will bring the Board up to a full five members. After the new members are seated...more

Bid Protest Remedies (Post-Award Protest Primer #4)

Part 4: Bid Protest Remedies - We’ve discussed debriefings and the timelines and timeliness rules that apply to post-award protests. Today we’ll discuss remedies. If you file a protest to challenge a contract award and...more

How Key is the Employee? Identifying When an Employee is a Fiduciary

by Field Law on

A fiduciary employee is an employee trusted with a measure of responsibility by their employer. This in turn creates corresponding duties owed by the fiduciary that go over and above those normally owed by an employee to an...more

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