Mondaq Latest Added Articles

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Probation Company Is Not A Government Entity For The Purpose Of CAFA 
McGlinchey Stafford PLLC

A question arose before the Eleventh Circuit if a probation company is a government entity so that it could not assert federal jurisdiction under CAFA.
Does Your Arbitration Agreement Provide For Its Governing Law? 
Nishith Desai Associates

Hong Kong International Arbitration Centre has updated its model arbitration clause to include specific words "The law of this arbitration clause shall be ... (Hong Kong law)".
Bitcoin And The Bureau: CFPB Issues Warning, Takes Complaints On Virtual Currencies 
Morrison & Foerster LLP

Earlier today, the Consumer Financial Protection Bureau released a consumer advisory outlining certain risks that may be associated with virtual currencies and announced that the CFPB will begin accepting consumer complaints regarding virtual currencies through its consumer complaint database.
Coco No-Go For Ordinary Joe 
Morrison & Foerster LLP

The UK’s Financial Conduct Authority, on 5 August 2014, announced the introduction of new temporary product intervention rules in relation to the retail distribution of contingent convertible instruments.
A New Innings For Arbitration In India - Overhaul Suggested For The Arbitration & Conciliation Act, 1996 
Nishith Desai Associates

Law Commission releases proposed amendments to the Arbitration & Conciliation Act, 1996
Entreprises Canadiennes : À Vos Marques! Ce Que Vous Devez Savoir Maintenant Sur Les Modifications : À La Loi Sur Les Marques De Commerce 
Bereskin & Parr LLP

Les principales modifications apportées à la Loi sur les marques de commerce qui ont été adoptées mais ne sont pas encore en vigueur, offrent autant d’opportunités que des risques pour les entreprises canadiennes
5 Ways To Prevent Workplace Bullying 
Fisher & Phillips LLP

Jeff Mandel's article "5 ways to prevent workplace bullying" was featured in the August 7, 2014 Orlando Business Journal.
SCC Grants Leave In Class Action Trilogy 
McLennan Ross LLP

On August 7, 2014, the Supreme Court of Canada granted leave in three securities class actions: Canadian Imperial Bank of Commerce et al. v. Howard Green et al., IMAX Corporation et al. v. Marvin Neil Silver et al. and Celestica Inc. et al. v. Trustees of the Millwright Regional Council of Ontario Pension Trust Fund et al. All three appeals will be heard together.
How Not To Market Your Business Online (Even If It Works): Claims Against Fake Review Sites And Stolen Obituary Photos Survive Motion To Dismiss 
Foley Hoag LLP

Despite celebrity endorsements from the likes of Dennis Miller and Alan Thicke, all that glitters isn’t gold when it comes to the marketing of precious metal investments
Common Mortgagee Remedies Which Are Unenforceable Under Wisconsin Law 
Reinhart Boerner Van Deuren S.C.

In addition to providing real estate opinions, members of Reinhart's Real Estate Opinion Team are also fortunate to be called upon regularly to tailor loan documents prepared by out-of-state clients and their principal attorneys to fit with the peculiarities of Wisconsin law.
CSA Proposals For Venture Issuers – More Suitable And Manageable? 

The Canadian Securities Administrators recently issued for comment a package of proposed amendments to existing continuous disclosure, prospectus and audit committee rules and related policies, intended "to make the disclosure requirements for venture issuers more suitable and manageable for issuers at their stage of development."
Payment & Security Settlement Systems And E-Money Insutitions In Turkey 

The law regulating electronic money and electronic payments in Turkey, namely the Law on Payment and Security Settlement Systems, Payment Services and Electronic Money Institutions No. 6493 entered into force as of June 27, 2013 following publication at the Official Legal Journal dated June 27, 2013 and No. 28690
An Unsuccessful Attempt To Claim Protection For IP Rights In Relation To Hermann Rorschach's Psycho Diagnostic Plates 
Studio Legale Hofer Lösch Torricelli

Recently a First Instance Court in Firenze was called to deal with interesting IP issues in a lawsuit between two publishing houses.
Domain Name Regulations In Turkey And In Singapore 

The domain names are parts of a larger system that is a hierarchical distributed naming system for computers, services, or any resource connected to internet or a private network.
Eighth Circuit Dismisses Whistleblower's Suit Finding Facts Were Already Publicly Disclosed 
Foley & Lardner

In an August 7, 2014 opinion, the Eighth Circuit upheld the dismissal of a whistleblower’s suit alleging that a number of pain pump device makers had violated the False Claims Act by marketing their pain pumps for harmful off-label uses.
Federal Circuit Upholds Inequitable Conduct Defense Against Apotex Patent  
Foley & Lardner

This case also serves as a reminder that the USPTO still has not acted on its proposal to align Rule 56 with Therasense.
Liabilities Of The Members Of The Board Of Directors Of Capital Companies Under Turkish And Belgian Laws 

Considering the significant role endorsed by board members within companies, it is important that directors know in which situations they may encounter civil or criminal liabilities for their actions.
NPEs Continue To Play Large Role In Patent Litigation 
Foley & Lardner

The annual patent litigation study recently released by PricewaterhouseCoopers LLP sets forth some interesting trends in patent litigation, including that cases involving non-practicing entities continue to account for a large and increasing amount of patent cases.
Electricity Prices In Turkey And The Market Liberalization 
Herdem & Co

The recent growth of the Turkish economy that had sprawled to the entire last decade gave birth to a new phenomenon of energy price hikes.
"Ban The Box" Legislation Signed Into Law In New Jersey  
Duane Morris LLP

On August 11, 2014, New Jersey joined the growing number of jurisdictions banning the box on job applications that require job applicants to disclose criminal history information.
Arbitration Clause In LOU Held To Replace Charterparty Arbitration Clause 
Reed Smith

The Claimants had claims for cargo damage against the vessel Owners arising under four bills of lading. The vessel was the subject of a chain of three charterparties.
But I Thought They Really Liked Me! Facebook's Prohibition On Like-Gating Apps 
Reed Smith

A recent Facebook Platform Policy change may affect the way many promotions are run on Facebook.
FDA Public Hearing On The Implementation Of Generic Drug User Fee Amendments (Sept. 17) 
Reed Smith

On September 17, 2014 the Food and Drug Administration ("FDA") is holding a public hearing at the College Park Marriot Hotel and Conference Center, in Hyattsville, MD, to discuss the Agency’s implementation of the Generic Drug User Fee Amendments of 2012 (GDUFA) and its obligations under GDUFA as set forth in the GDUFA Commitment Letter accompanying the legislation.
TCPA Plaintiffs Secure Victories in Recent Rulings on Class Certification and Prior Express Consent 
Reed Smith

In separate cases, one Illinois federal judge issued several rulings favorable to Telephone Consumer Protection Act (TCPA) plaintiffs on key issues.
7th Circuit Rejects Public-Disclosure Bar In Qui Tam Case  
Foley & Lardner

A cardinal rule of a qui tam action brought under the False Claims Act is that the relator must be the information’s original source.
CMS Seeks Innovative Models On Beneficiary Engagement And Behavioral Insights 
Reed Smith

CMS is seeking input on potential initiatives to test innovative models that increase the engagement of Medicare, Medicaid, and/or Children’s Health Insurance Program (CHIP) beneficiaries in their health and health care.
The New Texas Two-Step: Texas Supreme Court Articulates Evidence Spoliation Framework 
Jones Day

Spoliation of evidence has, for some time, remained an important topic relating to the discovery of electronically stored information.
Bring Your Own Device Doesn't Mean Bring In Security Breach 
Foley & Lardner

Bring-Your-Own-Device policies have been picking up steam because of increased productivity, improved communications, and the need for employees to work remotely.
Generation Y Boosts Auto Sales  
Foley & Lardner

Whoever figures these answers out first, will get the next big crack at what is now the second largest car buying segment, and growing.
Blast Fax Cases Now Harder To Certify 
Foley & Lardner

Blast fax cases filed under the Telephone Consumer Protection Act just became harder to certify in Minnesota.

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