Code of Federal Regulations

  • Biotech Business

    Issue number #31-7 (July 2018) of publication Biotech Business is now available

    Jul 14, 2018 4:50 AM

  • Worldwide Biotech

    Issue number #30-7 (July 2018) of publication Worldwide Biotech is now available

    Jul 14, 2018 4:50 AM

  • Real Estate Weekly

    Issue number #63-36 (July 2018) of publication Real Estate Weekly is now available

    Jul 14, 2018 4:50 AM

  • Worldwide Energy

    Issue number #29-7 (July 2018) of publication Worldwide Energy is now available

    Jul 14, 2018 4:49 AM

  • Electro Manufacturing

    Issue number #31-7 (July 2018) of publication Electro Manufacturing is now available

    Jul 14, 2018 4:49 AM

  • Worldwide Databases

    Issue number #30-7 (July 2018) of publication Worldwide Databases is now available

    Jul 14, 2018 4:49 AM

  • Multimedia Publisher

    Issue number #2018 (July 2018) of publication Multimedia Publisher is now available

    Jul 14, 2018 4:49 AM

  • 2nd Circuit Upholds Dismissal of Class Action Against E-Merchants’ Sharing of Data

    “On May 7, 2018, the Court of Appeals for the Second Circuit upheld the dismissal of a putative class action against a collection of e-merchants. The putative class had alleged that the e-merchants had deceptively enrolled its consumers in rewards programs, which automatically charged monthly fees, when the e-merchants exchanged consumer data between one another. The district court originally dismissed the claim, finding that the plaintiffs had failed to show that they had never consented to the exchange of information.” See Article.

    Jul 13, 2018 7:29 PM

  • Arizona Supreme Court: a stipulated dismissal with prejudice of an agent-surgeon does not preclude a party from asserting a claim against the surgeon's principal

    The Arizona Supreme Court has held “that a stipulated dismissal with prejudice of an agent-surgeon does not preclude a party from asserting a claim against the surgeon's principal for its own independent negligence. This is true even when the independent negligence claim requires proof of the surgeon's negligence.” In this case the suit was filed after complications from a bariatric surgery where a settlement was reached with the surgeon, but not the hospital. See Decision.

    Jul 13, 2018 7:28 PM

  • 2nd Circuit Holds Arbitration of Alleged Violation of Discharge Injunction Conflicts with Purposes of Bankruptcy Code

    “Recently, in Anderson v. Credit One Bank, N.A.,1 the Second Circuit affirmed the denial of a credit card issuer's attempt to compel arbitration of a discharged Chapter 7 debtor's putative class action to enforce the bankruptcy discharge injunction. The Second Circuit found that arbitration of an action to enforce a discharge injunction severely conflicts with the purposes of the Bankruptcy Code, as ‘the bankruptcy court alone has the power to enforce the discharge injunction.’” See Article.

    Jul 13, 2018 7:27 PM

  • Iowa Supreme Court: premarital-agreement waiving attorney fees related to child/spousal support unenforceable

    The Iowa Supreme Court held that a premarital-agreement waiving attorney fees related to child support or spousal support “adversely affects the right to such support and is therefore unenforceable under Iowa Code section 596.5(2).” See Decision.

    Jul 13, 2018 7:27 PM

  • District of Massachusetts Adds Certainty to Local Patent Rules

    “Effective June 1, the local rule for patent cases in the US District Court for the District of Massachusetts, Local Rule 16.6, has been amended. The amendments replace the former rule entirely and apply to all cases for which a scheduling order has not yet been issued as of the date of adoption. The amendments constitute a significant overhaul to the District of Massachusetts patent rules, first adopted nearly 10 years ago.” See Article.

    Jul 13, 2018 7:25 PM

  • CA Supreme Court: San Diego Superior Court's policy of not providing official court reporters for parties who cannot afford them is inconsistent with section 68630, subdivision (a)

    The California Supreme Court held that “the San Diego Superior Court's general policy of not providing official court reporters in most civil trials while permitting privately retained court reporters for parties who can afford to pay for such reporters is inconsistent with the general teaching of prior California in forma pauperis judicial decisions and the public policy of facilitating equal access to the courts embodied in section 68630, subdivision (a).” See Decision.

    Jul 13, 2018 7:24 PM

  • Minimum Wage Inches Closer to Reality for Tipped Workers in the District of Columbia

    “On June 19, 2018, District of Columbia residents voted to pass (by a 55.14% to 44.86% margin) Initiative 77, providing for a single minimum wage for all employees, including tipped workers.” See Article.

    Jul 13, 2018 7:22 PM

  • Southern District of Texas Dismisses Securities Class Action Against Oil and Gas Exploration Company Based on Alleged Misstatements Regarding Compliance with Safety Standards

    “On June 19, 2018, Judge Lee H. Rosenthal of the United States District Court for the Southern District of Texas dismissed with leave to amend a putative securities class action against Anadarko Petroleum Corporation [] and certain of its officers...The Court found all but one of the alleged misstatements was not actionable because they amounted to opinions and "corporate cheerleading." Although the Court found one alleged misstatement actionable, it held that the complaint failed to establish scienter, and granted leave to amend the complaint.” See Article.

    Jul 13, 2018 7:22 PM

  • Advisory Opinion on the institution of asylum and its recognition as a human right in the Inter-American System of Protection

    On May 30, 2018, the Inter-American Court of Human Rights ("the Court") issued an Advisory Opinion on the institution of asylum and its recognition as a human right in the Inter-American System, which was released today. This Advisory Opinion was presented by Ecuador. See Article.

    Jul 13, 2018 3:38 PM

  • OAS and PADF will support social inclusion policies in destination countries of Venezuelan migrants

    The Organization of American States (OAS) and the Pan American Development Foundation (PADF) today agreed to support the governments of the destination countries of Venezuelan migrants. The main objective of the agreement is to implement actions in areas related to the protection and local integration of Venezuelan migrants and refugees, the development of social inclusion policies, and the generation of economic opportunities that facilitate their autonomy and allow them to contribute to the communities who receive them. See Article.

    Jul 13, 2018 3:37 PM

  • Harvard Journal of Law & Public Policy

    Issue number #41-3 (June 2018) of publication Harvard Journal of Law & Public Policy is now available

    Jul 13, 2018 10:49 AM

  • Department of Justice Announces Regulatory Steps to Address Opioid Epidemic

    “The Department of Justice [yesterday] announced the finalization of an April proposal to improve the Drug Enforcement Administration’s ability to control the diversion of dangerous drugs in the midst of the national opioid crisis. Announced in April by Attorney General Jeff Sessions, the final rule sent for publication today in the Federal Register establishes that DEA will take into consideration the extent that a drug is diverted for abuse when it sets its annual opioid production limits.” See Press Release.

    Jul 12, 2018 9:27 PM

  • CA Supreme Court reverses order requiring Yelp to remove certain consumer reviews

    The California Supreme Court has reversed an order requiring Yelp to remove certain consumer reviews posted on it's website. The Court reasoned that “[i]n directing Yelp to remove the challenged reviews from its website, the removal order improperly treats Yelp as 'the publisher or speaker of...information provided by another information content provider.' (§ 230(c)(1).) The order therefore must be revised to comply with section 230.” See Decision.

    Jul 12, 2018 9:26 PM

  • New York’s Court of Appeals Reminds You to Know Your Limitations

    “Recently, New York's highest court, the Court of Appeals, held that New York State's "borrowing statute" for statute of limitations applies for non-resident plaintiffs even when the contracting parties have agreed that their agreement would be "enforced" according to New York law. The result was dismissal of the complaint based on a Canadian two-year statute of limitations for breach of contract claims even though New York has a six-year statute of limitations for such claims.” See Article.

    Jul 12, 2018 9:25 PM

  • President Trump has issued a pardon for Dwight Lincoln Hammond, Jr., and his son, Steven Hammond

    President Trump has issued a pardon for Dwight Lincoln Hammond, Jr., and his son, Steven Hammond who were convicted of arson on federal land. Dwight Hammond is now 76 years old and has served approximately three years in prison. Steven Hammond is 49 and has served approximately four years in prison out of their 5-year sentence. See Statement.

    Jul 12, 2018 9:25 PM

  • New York District Court Denies Conditional Certification of Class of Café Managers

    “The United States District Court has rendered a decision that is interesting in at least two respects. First, it is a lengthy and thoughtful opinion denying certification of a putative class of 1,100 café managers under the Fair Labor Standards Act (FLSA). Second, the court based the decision, at least in part, on the recent United States Supreme Court decision in Encino Motor Cars, LLC v. Navarro, 138 S. Ct. 1134 (2018), which more than arguably altered prior case law requiring FLSA exemptions to be construed narrowly.” See Article.

    Jul 12, 2018 9:06 PM

  • Ohio Supreme Court: trial court not required to inform offender at the time of sentencing of consequences of committing a felony during a period of post-release control

    The Ohio Supreme Court held that a trial court is not required inform an offender at the time of sentencing that the commission of a felony during a period of post-release control permits a trial court to impose a new prison term for the violation to be served consecutively with any prison term for the new felony. See Decision.

    Jul 12, 2018 9:03 PM

  • Tidy Answer on Attorneys’ Fees in ‘Sloppy Tuna’ Trademark Row

    “Addressing for the first time whether attorneys' fees should be included in an award of costs under Fed. R. Civ. P. 41(d), the US Court of Appeals for the Second Circuit affirmed the district court's decision to include such fees, but nonetheless vacated and remanded the district court's dismissal of the complaint pursuant to the "first-filed" rule.” See Article.

    Jul 12, 2018 9:02 PM

  • President Trump signs an executive order exempting administrative law judges from competitive service

    On July 10, President Trump signed an executive order exempting administrative law judges from competitive service. The President noted that “[p]lacing the position of ALJ in the excepted service will mitigate concerns about undue limitations on the selection of ALJs, reduce the likelihood of successful Appointments Clause challenges, and forestall litigation in which such concerns have been or might be raised.” See Executive Order.

    Jul 12, 2018 9:01 PM

  • New Hampshire Business Review

    Issue number #40-10 (May 2018) of publication New Hampshire Business Review is now available

    Jul 11, 2018 10:48 AM

  • 5th Circuit Strikes Down DOL Fiduciary Rules

    “On June 21, 2018, the Fifth Circuit issued a mandate finalizing its March 2018 decision vacating the DOL's 2016 regulation that, among other things, expanded the scope of persons subject to fiduciary obligations (the "fiduciary rule"). The final decision relates to the definition of investment advice under ERISA, and certain related new prohibited transaction exemptions and amendments to existing prohibited transaction exemptions.” See Article.

    Jul 10, 2018 8:00 PM

  • 1st Circuit Invalidates Arbitration Clause in Uber’s User Agreement

    “User agreements for websites and apps have become increasingly prevalent in recent years, and courts have had to adapt traditional rules of contract interpretation to the new digital frontier. On Monday, June 25, 2018, the First Circuit in Cullinane v. Uber Technologies, Inc. reversed a district court decision enforcing an arbitration clause contained in the terms of service for Uber's smartphone app, finding that those terms were not sufficiently "conspicuous" for a user to know that he or she had agreed to be bound by them.” See Article.

    Jul 10, 2018 7:59 PM

  • VA Supreme Court: § 56-49.01(A) allows a natural gas company to gain access to private property for the purpose of conducting surveys

    The Supreme Court of Virginia held that Code § 56-49.01(A) allows a natural gas company to gain access to private property for the purpose of conducting surveys and other activities that are only necessary for the selection of the most advantageous route. See Decision.

    Jul 10, 2018 7:57 PM