Articles

07.21.16

“Official Acts”—What They Are… and Are Not

Why it matters: On June 27, 2016, the Supreme Court decided McDonnell v. U.S., holding that, for purposes of the federal public corruption statutes, an “official act” consists of a concrete decision or action taken with respect to a proceeding pending before a court, agency or ...


07.21.16

Supreme Court Clarifies the Extraterritorial Reach of RICO

Why it matters: On June 20, 2016, the Supreme Court decided RJR Nabisco, Inc. v. The European Community, in which the Court clarified the extraterritorial scope of the Racketeer Influenced and Corrupt Organizations Act (RICO) and held that RICO can, under certain circumstances detailed in the ...


07.21.16

Final Data Transfer Agreement for U.S. & EU Is Here

The final agreement between the United States and the European Union to regulate the transatlantic transfer of data is now in place.The proposal for the EU-U.S. Privacy Shield was released in February after the previous iteration of the agreement, the Safe Harbor, was struck down by the EU's ...


07.21.16

State Money Transmitter Laws Update

South Carolina became the 49th state to enact a money transmitter licensing statute, leaving Montana as the lone jurisdiction in the United States not to require money transmitters to be licensed to offer services to residents of its state. (Massachusetts still requires licensing only for ...


07.19.16

Text Spam Will Cost iHeartMedia Inc. $8.5M to Settle TCPA Action

Unsolicited text spam will cost iHeartMedia Inc. $8.5 million in a deal to settle a Telephone Consumer Protection Act class action against the company filed in an Illinois state court. Listeners to the company’s radio stations were encouraged to text song requests or send a message to the ...


07.14.16

13-Judge Panel Rejects Brady's Claim That Goodell Ran "Roughshod Over the Rule of Law"

The claim of Tom Brady’s lawyers that his case was crucial for all unionized workers never really rang true. Mr. Brady does not have to punch a time clock, and that is just one of many dissimilarities between him and most union members.   The fact that his lawyers made this argument no ...


07.14.16

VW Will Pay $14.7B in Largest FTC False Ad Suit

Volkswagen made a $14.7 billion deal with the Federal Trade Commission, the Department of Justice, and the California Attorney General over charges that the auto manufacturer deceived consumers with claims about emissions standards for its cars.Last year it was revealed that the German-based ...


07.14.16

FTC's Ban on Certain Payment Types Takes Effect Under Telemarketing Sales Rule

Advertisers, take note: The Federal Trade Commission's ban on certain types of payment under the Telemarketing Sales Rule has now taken effect and the agency has increased the maximum civil penalties for a host of violations of Section 5 of the Federal Trade Commission Act.Last November the FTC ...


07.14.16

Julia Child's Foundation Hungry for a Publicity Rights Lawsuit

Julia Child's estate served up a lawsuit against Airbnb after the company ran a contest invoking the famous chef's name.According to the California state court complaint, the short-term rental service reached out to the Julia Child Foundation for Gastronomy and the Culinary Arts in April, ...


07.13.16

IRS Proposes Clarifications to Benchmark ACA Calculations

The IRS issued a notice of proposed rulemaking (NPRM) that would provide technical clarifications across a range of issues affecting individuals’ eligibility for and amount of ACA premium tax credits, including how benchmark plan premiums are calculated. Notably, the regulations would ensure ...