Wednesday 12 December 2012

Legal Updates: Commercial Law & Contracts

Legal Updates by JD SupraDecember 12, 2012
Commercial Law & Contracts
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Federal Reserve Bank of Boston Examines Security of Mobile Payment Technologies

The Federal Reserve Bank of Boston recently released a paper that examines how mobile payment technologies, chiefly NFC and cloud based technologies, address...more

by Davis Wright Tremaine LLP

Freedom of Speech in Social Media – UK Employee Unlawfully Demoted for Christian Gay Marriage Facebook Posts

In the recent UK case of Smith v. Trafford, the Claimant was awarded just £98 (approx. $150) by the English High Court for a successful breach of contract...more

by Orrick - Global Employment Law Group

SEC Sets Rulemaking Agenda for 2013

In its fiscal year 2012 Agency Financial Report released last week, the Securities and Exchange Commission published its rulemaking agenda for 2013 under both...more

by Katten Muchin Rosenman LLP

Dancing Around The Edges: A Journey In The FCPA Guidance

I am really enjoying reading and re-reading the FCPA Guidance. It is a fascinating document, well written and chock full of salient points, messages, explicit...more

by Michael Volkov

Right-To-Work Becomes Law In Michigan: What It Means For Employers

On December 11, 2012, the Michigan House passed and Governor Snyder signed HB 4003 and SB 116, commonly referred to as "right-to-work" legislation. This...more

by Varnum LLP

Optimism Abounds at the CREFC After-Work Seminar: "Lender Perspective: Current State of the Debt Markets & Trends for 2013"

As Philadelphians, it's easy to think that 2012 has been a disappointment. Our beloved Eagles are 4-9, the Phillies had the most disappointing season in recent...more

by Dechert LLP

Officer Liability for Bank Losses: The Jury Speaks

Last week, a jury in Los Angeles federal court in a case entitled FDIC v. Van Dellen, et al. found three former officers of the failed IndyMac Bank liable for...more

by Manatt, Phelps & Phillips, LLP

Anti-Spam Legislation: A Work in Progress

At the end of 2010, Canada enacted strict anti-spam legislation (the "Act") relating to the sending of electronic messages, as well as to other aspects of...more

by Field Law

California Attorney General Brings Privacy Law Enforcement Action Against Delta Air Lines Over "Fly Delta" Mobile Application

Long-known as an ardent protector of individual privacy rights, California brought its first legal enforcement action under state privacy laws on December 6,...more

by White & Case LLP

IRS Issues Final Regulations Implementing the Affordable Care Act's Medical Device Excise Tax

On December 5, 2012, the Internal Revenue Service (IRS) published final regulations regarding the implementation of the excise tax applicable to the sale of...more

by King & Spalding

Dismissal of Putative Class Action Lawsuit for Alleged Violations of the Servicemembers' Civil Relief Act

In a putative class action handled by Robert Maddox, Mike Pennington, and Keith Anderson, the Northern District of Alabama recently dismissed a lawsuit for...more

by Bradley Arant Boult Cummings LLP

Supreme Court Grants Cert in Watson Pay-For-Delay Case

On December 7, 2012, the Supreme Court granted certiorari in FTC v. Watson Pharmaceuticals. The Supreme Court is now poised to resolve the circuit split on...more

by Howard Ullman

Medical Device Final Regulations Published

On Wednesday, December 5, 2012, the Internal Revenue Service ("IRS") released an advanced copy of the final regulations, which were officially issued Friday,...more

by Bryan Cave

Privacy Litigation Alert: First Lawsuit Filed Under California's Online Privacy Protection Act

The People of the State of California v. Delta Air Lines Inc., No. 12-526741 (Superior Court for the State of California, City and County of San Francisco...more

by Fenwick & West LLP

Second Circuit Rules that Pharma Rep's Promotion of Drug for Off-Label Use is Protected Speech

The Second Circuit's December 3, 2012 decision in United States v. Caronia, No. 09-5006-CR, could cause a sea change in the growing number of prosecutions...more

by BakerHostetler

Newly Enacted State Laws Will Affect Companies Operating In California

With the New Year comes a slew of California employment regulations that every company conducting business in the Golden State must follow. Unless...more

by Pepper Hamilton LLP

U.S. Supreme Court To Decide When Sufficient Contractual Basis Exists for Class Arbitration

In another demonstration of its interest in resolving issues arising under the Federal Arbitration Act (FAA), the U.S. Supreme Court has agreed to hear a case...more

by Ballard Spahr LLP

U.S.-China Trade Concerns Highlighted In Report To Congress

On November 14, 2012, the U.S.-China Economic and Security Review Commission ("USCC") released its annual report to Congress on developments in both bilateral...more

by King & Spalding

TRANSACTIONAL: Transaction: Allocation of Ship-Shore Liability: Use of Port Liability Agreements to Provide Protection and Mitigate Uncertainty for U.S. LNG Project Participants

The use of port liability agreements to allocate ship-shore liability in a marine casualty event has been widely adopted by U.S. LNG import terminals. As many...more

by King & Spalding

Hotel Properties Tricky Collateral For Loans

As funding slowly returns for hotel properties, lenders should be more cautious when underwriting hotels as collateral for loans. Unlike other types of...more

by Bilzin Sumberg Baena Price & Axelrod LLP

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