Articles

05.19.16

Why You Should Continue to Pay Attention to PACE

As commercial property owners and tenants continue to seek sustainable building designs that incorporate energy efficiency or green building features, Property Accessed Clean Energy (PACE) financing will continue to receive more attention, and rightfully so.With the increasing population, growing ...


05.19.16

Fake Subscription Notices, Real FTC Lawsuit

Fake subscription notices are the subject of a new lawsuit filed by the Federal Trade Commission in an Oregon federal court.The defendants, a web of dozens of companies, sent consumers "Notice of Renewal/New Order" mailers for subscriptions to real magazines and newspapers, such as The ...


05.16.16

Greener Pastures Ahead for Class Action Bar

California is already fertile ground for the class action bar, but the land is about to become even greener.On May 5, the federal Consumer Financial Protection Bureau proposed rules that will, if adopted in their present form, provide a decisive blow to consumer arbitration provisions in nearly all ...


05.12.16

What the Defend Trade Secrets Act Means for Businesses

On Wednesday, President Obama signed into law the Defend Trade Secrets Act of 2016, marking the most significant trade secret reform in almost two decades. The DTSA received an overwhelming bipartisan support, passing the Senate on April 4, 2016, with a 87-0 vote and the House of Representatives on ...


05.11.16

Ohio's Medicaid Reform Explores Unmapped Territory

On April 15, 2016, Ohio released a draft Section 1115 waiver application to implement the Healthy Ohio Program. The Healthy Ohio Program, a five-year demonstration beginning in 2018, would modify features of coverage for Medicaid beneficiaries aged 18 to 64 who are newly eligible under the ...


05.10.16

In 9th Circ. Neighbors Say No, Fair Housing Act Says Yes

"The Ninth Circuit Court of Appeals recently reversed a decision in favor of the city of Yuma, Arizona, and concluded instead that there was sufficient evidence to present to a jury that the city had rejected the developer's application for an increase in zoning density for reasons of ...


05.10.16

This Article Is 100% Natural (I Hope the FTC Agrees)

Consumer demand for “natural” products is showing little sign of slowing, and marketers are eager to meet that demand. The problem, of course, is the question: just what is “natural”? Is something still “natural” after it has been processed? Is something ...


05.06.16

What's the Latest on AB 32 at the California Air Resources Board?

It seems like a simple question: “What’s happening with AB 32 in California these days”? But the answer to that relatively straightforward question is rather complex, potentially very lengthy, constantly changing, but always fascinating. Let me give it a shot in under 1,000 ...


05.06.16

Employer Dodges Liability for Employee's Disparaging Social Media Posts

Why it matters: Taking a commonsense approach to a lawsuit seeking to hold an employer responsible for an employee's social media posts about a customer, a federal court judge in Hawaii noted that "the law does not impose strict liability on an employer every time an employee steps out of ...


05.05.16

Kanye's Promise of Exclusivity a Siren Song, Suit Says

Kanye West's latest drama involves the courtroom—specifically, a putative class action complaint alleging false advertising, unfair competition, and unjust enrichment.In February, West tweeted that his new album The Life of Pablo "will never never never be on Apple. And it will never ...