Code of Federal Regulations

  • 2nd Circuit Court: renewal of precious metals license is not a protected property interest

    The 2nd Circuit Court held that the Town of East Hartford’s decision not to renew plaintiff’s license to deal in precious metals is not in violation on the constitution because Connecticut law does consider the renewal of precious metals license a protected property interest. See Decision.

    Apr 25, 2018 11:22 PM

  • IRS Issues Guidance on Dispositions of Partnership Interests by Non-U.S. Investors

    “On April 2, 2018, the Internal Revenue Service ("IRS") issued Notice 2018-29 (the "Notice"), which provides important interim guidance on the new withholding regime created as part of last December's tax reform legislation, commonly referred to as the Tax Cuts and Jobs Act ("TCJA"). This guidance will impact planning relating to dispositions and redemptions of partnership and LLC interests and is expected to be particularly relevant for private equity and hedge funds.” See Article.

    Apr 25, 2018 11:21 PM

  • Federal Court dismisses challenge to law requiring Tennessee to provide Medicaid benefits to refugees

    On March 19, 2018, a judge for the US District Court for the Western District of Tennessee granted a motion to dismiss a challenge to the federal law requiring Tennessee to provide Medicaid benefits to refugees. The Court dismissed the complaint finding a lack of subject matter jurisdiction as the plaintiff’s lack standing to bring the claim and also the claim is not ripe for review. See Decision.

    Apr 25, 2018 11:20 PM

  • FinCEN Issues Guidance Regarding New Customer Due Diligence Requirements for Covered Financial Institutions

    “On April 3, the Financial Crimes Enforcement Network (FinCEN) issued 37 frequently asked questions (FAQs) and responses with the aim of providing Covered Financial Institutions with a better understanding of the scope of the agency's new Customer Due Diligence Requirements (CDD Rule), which become applicable to new accounts beginning on May 11, 2018.” See Article.

    Apr 25, 2018 11:18 PM

  • New USP to Trademark Use Audit in Registration Maintenance/Renewal Filings

    “Under a new procedure in the United States Patent and Trademark Office ("USPTO"), trademark registration maintenance and renewal filings are randomly selected for audit when the goods or services list includes multiple items. In the audit, the examiner issues an Office action requesting proof of use of the mark for two additional goods or services per class in the registration that were not shown in the specimen(s) of use filed with the maintenance filing. Failure to file a response will result in cancellation of the whole registration. The additional proof of use, such as photographs of packaging for each of the two additional goods or copies of advertisements for services, must be supported by a declaration signed by the registrant.” See Article.

    Apr 25, 2018 11:17 PM

  • CA Court of Appeals finds that Labor Code section 4656, subdivision (c)(2) precludes the Workers’ Compensation awards for disability occurring more than 5 years after the underlying injury

    The California Court of Appeals considered the question of whether Labor Code section 4656, subdivision (c)(2) precludes the Workers’ Compensation Appeals Board from awarding respondent temporary disability payments for periods of disability occurring more than 5 years after the date of the underlying injury. The Court held that the plain language of the statute indicates that “Yes. Section 4656, subdivision (c)(2) provides, ‘Aggregate disability payments for a single injury occurring on or after January 1, 2008, causing temporary disability shall not extend for more than 104 compensable weeks within a period of five years from the date of injury.’” See Decision.

    Apr 25, 2018 11:16 PM

  • U.S. Government to Include Digital Currency Addresses on List of Sanctioned Parties

    “On March 19, 2018, the U.S. Office of Foreign Assets Control ("OFAC") updated its FAQs to include a section on virtual currency. In the new section, OFAC provides guidance about the various money laundering and terrorist financing risks associated with virtual currency. In particular, OFAC states that it will use sanctions to "fight against criminal and other malicious actors abusing digital currencies and emerging payment systems." One of the strategies under consideration is the inclusion of digital currency addresses associated with blocked persons to OFAC's SDN List.” See Article.

    Apr 25, 2018 11:10 PM

  • Eastern District of New York Grants Summary Judgment to Debt Collector in ‘Current Account Balance’ Case

    “On March 22, 2018, the Eastern District of New York granted summary judgment to a collection agency in a "current account balance" case. Specifically, the Court found no violation of the FDCPA because in its letter the debt collector did not have to notify the consumer that her balance may increase and the creditor was appropriately identified.” See Article.

    Apr 25, 2018 11:08 PM

  • Information Outlook

    Issue number #22-1 (January 2018) of publication Information Outlook is now available

    Apr 25, 2018 4:46 AM

  • 5th Circuit Court upholds majority of Texas law forbidding sanctuary city policies

    On March 13, the 5th Circuit Court considered a challenge to Senate Bill 4, “a Texas law that forbids "sanctuary city" policies throughout the state. SB4 prohibits local authorities from limiting their cooperation with federal immigration enforcement, and it requires local officers to comply with Immigration and Customs Enforcement ("ICE") detainer requests.” The Court held that SB4's provisions do not, on their face, violate the Constitution. Accordingly, the Court upheld the statute “in its entirety except for the application of the "endorsement" prohibition, Tex. Gov't Code § 752.053(a)(1), to elected officials.” See Decision.

    Apr 24, 2018 11:47 PM

  • Massachusetts Supreme Judicial Court: Attorney General’s Exxon Investigation Can Proceed

    “On April 13, 2018, Massachusetts' highest court ended a significant chapter in Exxon's long-running dispute with Attorney General Maura Healey…Massachusetts' long arm statute allows out-of-state entities to be brought into court if they have sufficient ties to the state. Exxon alleged its ties were insufficient, citing a franchise agreement with roughly three-hundred Exxon-branded gas stations in Massachusetts but no direct business in the Commonwealth. The SJC, citing Exxon's ability to control advertising of its products in the franchise agreement, held that Exxon's contacts were enough, particularly because the AG's apparent theory of liability rests in part on advertising.” See Article.

    Apr 24, 2018 11:43 PM

  • Chevron Deference Under Attack at State Level

    “On April 11, 2018, Arizona Governor Doug Ducey signed into law HB 2238, which amended the state's administrative procedure laws to remove "Chevron Deference," so that for disputes involving state administrative law, courts will not be required to defer to an agency's interpretation of an ambiguous statutory provision.” See Article.

    Apr 24, 2018 11:42 PM

  • U.S. Senate votes in favor of S.J. Res. 57

    On April 18, the U.S. Senate voted to pass S.J. Res. 57. The Resolution provides “for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by Bureau of Consumer Financial Protection relating to “Indirect Auto Lending and Compliance with the Equal Credit Opportunity Act”.” See Resolution.

    Apr 24, 2018 11:41 PM

  • New York High Court Addresses Scope of ‘Blanket’ additional Insured Endorsements

    “The issue of whether "blanket" additional insured endorsements require direct contractual privity with an insurance policy's "named insured" has received inconsistent treatment by U.S. courts. The New York high court's recent Gilbane decision confirms that the requirements for "additional insured" status continue to be determined by the specific language of additional insured endorsements themselves and not by the insurance requirements of parties' underlying contracts.” See Article.

    Apr 24, 2018 11:41 PM

  • 7th Circuit affirms grant of preliminary injunction regarding JAG grant conditions

    On April 19, 2018, the 7th Circuit Court affirmed the district court’s grant of preliminary injunction finding that the City of Chicago “established a likelihood of success on the merits of its contention that the Attorney General lacked the authority to impose the notice and access conditions on receipt of the Byrne JAG grants.” The case was a challenge to Attorney General Sessions tying of Byrne JAG grants to the recipient’s compliance with three conditions, which included: providing notice to federal authorities of the release date of individuals in local custody who are believed to be aliens, and an “access” requirement which required the local correctional facility to ensure agents access to such facilities and meet with those persons. See Decision.

    Apr 24, 2018 11:39 PM

  • Oregon Amends Data Breach Notification Law

    “In March 2018, Oregon Governor Kate Brown signed into law new measures to strengthen the state's existing data breach notification statute, ORS § 646A.604. The legislation is set to take effect in June 2018 and, among other things, will require organizations that experience a data breach affecting Oregon residents to notify affected individuals of the data breach within 45 days of its discovery, unless asked to delay notification by law enforcement. Previously, Oregon law required notification to be made in the most expeditious time possible, without unreasonable delay.” See Article.

    Apr 24, 2018 11:37 PM

  • Washington Clamping Down on ICOS, Virtual Currencies and Blockchain Enterprises

    “If there was ever a regulatory grace period for virtual currencies and blockchain technology, it is officially over. Five federal regulators: The Financial Crimes Enforcement Network of the US Treasury Department (FinCEN), the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), the Internal Revenue Service (IRS) and the Office of Foreign Assets Control (OFAC), all recently issued statements or took actions in which they clarified their positions on the scope of their jurisdiction over multiple aspects of virtual currency and certain types of blockchain enterprises.” See Article.

    Apr 24, 2018 11:36 PM

  • Federal Communications Law Journal

    Issue number #69-3 (January 2018) of publication Federal Communications Law Journal is now available

    Apr 24, 2018 4:48 AM

  • Real Estate Weekly

    Issues #63-24 (April 2018) and #63-14 (January 2018) of publication Real Estate Weekly are now available

    Apr 24, 2018 4:47 AM

  • Washington University Law Review

    Issue number #95-4 (March 2018) of publication Washington University Law Review is now available

    Apr 24, 2018 4:47 AM

  • Diverse Issues in Higher Education

    Issue number #35-4 (March 2018) of publication Diverse Issues in Higher Education is now available

    Apr 24, 2018 4:47 AM

  • New Hampshire Business Review

    Issue number #40-7 (March 2018) of publication New Hampshire Business Review is now available

    Apr 24, 2018 4:47 AM

  • USA Today Magazine

    Issue number #146-2875 (April 2018) of publication USA Today Magazine is now available

    Apr 24, 2018 4:47 AM

  • Shooting Industry

    Issue number #63-4 (April 2018) of publication Shooting Industry is now available

    Apr 24, 2018 4:46 AM

  • Guns Magazine

    Issue number #64-6 (June 2018) of publication Guns Magazine is now available

    Apr 24, 2018 4:46 AM

  • Notre Dame Law Review

    Issue number #93-3 (January 2018) of publication Notre Dame Law Review is now available

    Apr 24, 2018 4:32 AM

  • District Court Tosses Out Damage Theory Based on Improper Use of Survey

    “During a jury trial, Ericsson asserted that TCL infringed claims 1 and 5 of U.S. Patent No. 7,149,510 (the "'510 Patent") by selling phones and devices that included the Google Android operating system. The jury found that TCL infringed claims 1 and 5, that TCL's infringement was willful, and awarded $75 million as a lump sum royalty. TCL moved for a new trial on infringement and damages. The district court decided the motion for new trial on damages should be granted” as there were at least two independent reasons why a new trial on damages was necessary. See Article.

    Apr 23, 2018 11:15 PM

  • Arizona Supreme Court: self-defense instruction can be given even when defendant asserts misidentification defense

    The Arizona Supreme Court has disavowed the approach of the state court prohibiting a defendant from simultaneously claiming self-defense and asserting a misidentification defense. The Court held that “if some evidence supports a finding of self-defense, the prosecution must prove its absence, and the trial court must give a requested self-defense jury instruction, even when the defendant asserts a misidentification defense.” See Decision.

    Apr 23, 2018 11:14 PM

  • Gaming Law in Washington State: Court Rules that Virtual Chips are ‘Things of Value’

    “The United States Court of Appeals for the Ninth Circuit recently rendered a decision based on the State of Washington's gambling law, known as the Recovery of Money Lost at Gambling Act ("the RMLGA"), that could have broad implications for online gaming platforms. In the lawsuit, Plaintiff Cheryl Kater sued Defendant Churchill Downs Incorporated, the owner and operator of an online gaming platform which operates as a virtual casino. Kater alleged that she lost over $1,000 worth of virtual chips while playing "Big Fish Casino" and that it constituted illegal gambling under the RMLGA. On March 28, 2018, the Ninth Circuit Court of Appeals held that Kater stated a cause of action under the RMLGA, reversing the District Court. In Kater v. Churchill Downs Inc., the Ninth Circuit found that Big Fish Casino's virtual chips are things of value within the meaning of the RMLGA and that the gaming law case should proceed.” See Article.

    Apr 23, 2018 11:13 PM

  • District Court Strikes Infringement Expert Who Provided No Analysis of Infringement

    “In this patent infringement action, Stryker moved to strike the expert report of Karl Storz' ("KSEA") infringement expert because the expert did not provide any analysis of infringement of the patent-in-suit. As explained by the district court, Karl Storz' infringement expert's, Mr. Gould Bear, report included six sections: (1) introduction, (2) summary of conclusions, (3) background and qualifications, (4) materials reviewed, (5) legal principals and methods, and (6) conclusion…The expert report made no effort to explain how the expert determined that the allegedly infringing products include each element of the dependent claim and instead just stated he had made that determination.” See Article.

    Apr 23, 2018 11:12 PM