• 02.14.11

    Industry Launches New Food Labeling Plan

    The Grocery Manufacturers Association and the Food Marketing Institute announced a voluntary industry program that will allow participating companies to place certain nutritional information on the front of food packaging.

  • 02.14.11

    Incentive-Based Compensation for the New Banking Environment

    With considerable fanfare, the FDIC has passed and then quickly announced its proposed rules implementing Section 936 of the Dodd-Frank legislation—even before the other regulatory agencies could put their own imprimatur on the jointly developed proposal.

  • 02.07.11

    Behavioral Advertising Suit Results in Split Decision

    A Montana federal court dismissed claims under the Electronic Communications Privacy Act (ECPA) in a suit alleging that an Internet Service Provider (ISP) funneled its customers’ Internet traffic to a third party that then used the information for behavioral advertising, but the court ruled ...

  • 02.04.11

    It’s Hard for Banks to Tell It Like It Is

    After Call Reports are filed and earnings are released in January, the attention of boards and management at many publicly-held community banks and bank holding companies turns to preparation of 10-K filings and Annual Reports to shareholders, with Proxy Statements next on the horizon. 

  • 02.04.11

    Is Anyone Not a Foreign Official Under the FCPA?

    Recent years have seen a rise in the number of enforcement actions taken by the Department of Justice (DOJ) and the Securities Exchange Commission (SEC) under the Foreign Corrupt Practices Act (FCPA), as well as a notable expansion of the types of conduct covered by these prosecutions.

  • 02.03.11

    Appellate Court Reverses Favorable Summary Judgment Ruling Regarding Independent Contractor Status

    In Azrate v. Bridge Terminal Transport, Inc., decided on January 31, 2011, the Court of Appeal considered whether the defendant company established, as a matter of law, that plaintiff truck drivers were independent contractors and therefore not entitled to unpaid wages under the Labor Code.

  • 02.03.11

    Court Ruling Adds Hurdle to Implementation of California Greenhouse Gas Rules

    A California Superior Court issued a tentative ruling  on January 24, 2011 against the California Air Resources Board (CARB or Board) putting in question the Board’s ambitious schedule for reducing greenhouse gases (GHGs) in the state.

  • 02.02.11

    Court Ruling Adds Hurdle to Implementation of California Greenhouse Gas Rules

    A California Superior Court issued a tentative ruling  on January 24th against the California Air Resources Board (CARB or Board) putting in question the Board’s ambitious schedule for reducing greenhouse gases (GHGs) in the state.

  • 01.31.11

    U.S. Supreme Court to Decide Marketing Consent Law

    The United States Supreme Court granted certiorari to decide whether the First Amendment prohibits a law that requires the consent of drug prescribers before their non-public, identifying information is sold or marketed.

  • 01.27.11

    Supreme Court Unanimously Concludes That Title VII Permits Third-Party Retaliation Claims

    In Thompson v. North American Stainless, LP, 562 U.S. __ (2011), the U.S. Supreme Court held that third parties may pursue retaliation claims under Title VII of the Civil Rights Act of 1964.