Client Advisories
 
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03/12/10   GAO Concludes FDA Should Strengthen its Oversight of GRAS Ingredients
On March 5, 2010, the General Accountability Office (GAO) issued a report evaluating the Food and Drug Administration’s (FDA’s) policies concerning food ingredients that have been determined to be “Generally Recognized As Safe” (GRAS). >> Read more		  
03/12/10   CPSC Announces First Civil Penalty Enforcing CPSIA: Daiso Agrees to Create Product Safety Program, to Audit All Products, and to Pay $2 Million Civil Penalty
On March 2, 2010, the Office of Consumer Litigation of the Justice Department’s Civil Division, on behalf of the Consumer Product Safety Commission (“CPSC” or “Commission”) filed a consent decree against Daiso Holding USA Inc., Daiso Seattle LLC, Daiso California LLC, and one of the companies’ officers (collectively, “Daiso”). >> Read more		  
03/12/10   Reminder: FCC Filings Due April 2010
Please be reminded of the upcoming due dates for the Reports listed below:

Form 499-A Annual Telecommunications Reporting Worksheet >> Read more		  
03/05/10   FCC Decides Bulk Billing and Exclusive Marketing Arrangements in the Provision of Video Services to MDUs Should Not Be Restricted
On March 2, 2010, the Federal Communications Commission (“Commission”) released a Second Report and Order (“Order”) in MD Docket 07-51, declining to prohibit Multichannel Video Program Distributors (“MVPDs) from utilizing bulk billing or exclusive marketing arrangements in Multiple Dwelling Units (“MDUs”). >> Read more		  
03/04/10   Ramirez and Brill Confirmed as FTC Commissioners
Late last night, the Senate unanimously confirmed Edith Ramirez and Julie Brill to fill the two vacant seats on the Federal Trade Commission (FTC). >> Read more		  
02/25/10   Supreme Court Clarifies Diversity Jurisdiction Standard
In a unanimous decision on February 23, 2010 in Hertz v. Friend, et al., the Supreme Court clarified the test federal courts should apply to determine a corporation’s citizenship for purposes of diversity jurisdiction, holding that corporations are citizens of the state of their “nerve center” – usually their corporate headquarters – not of any state where a plurality of their business activity occurs. >> Read more		  
02/24/10   FTC Warns Companies of Data Leaks on Peer-to-Peer File Sharing Networks
On February 22, 2010, the Federal Trade Commission (“FTC”) announced that it notified nearly 100 organizations that personal information about the organizations’ customers or employees is available on peer-to-peer (“P2P”) file sharing networks. [1]. >> Read more		  
02/23/10   Federal Court, in Paetec v. Commpartners, Rules VoIP-Originated Transmissions Are Information Service
On February 18, 2010, a federal district court stepped in to fill the gap left by the FCC’s silence on the issue of whether transmission of Voice over Internet Protocol (“VoIP”)-originated calls is an information service exempt from access charges or a telecommunications service subject to access charges. >> Read more		  
02/09/10   Recent Decisions Find in Favor of Insurance Coverage for "Blast Faxing"
Companies facing class action suits brought under the Telephone Consumer Protection Act (“TCPA”) for allegedly faxing unsolicited advertisements (so-called “blast faxes”) to individuals and businesses in turn have sought insurance coverage under their comprehensive general liability (“CGL”) policies for costs incurred defending TCPA suits, and for indemnification of any liability. >> Read more		  
02/08/10   DOJ Approves Ticketmaster-Live Nation Merger, With Conditions
The Department of Justice Antitrust Division (“DoJ”), along with 17 state attorneys general, reached an agreement with the parties last week that allows the merger of Ticketmaster Entertainment, Inc. (“Ticketmaster”) and Live Nation, Inc. (“Live Nation”) to proceed. >> Read more		  
 
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