In February 2018, I reported on a 20-state objection brief, filed with the U.S. Supreme Court, asking the Court to reverse the approval of the class action settlement in Gaos v. Google.  That deal would have distributed a few million dollars to nonprofit groups, while the AGs wanted money paid to real people, even if that... Continue Reading…

Last week, in Cline v. Touchtunes Music Corp., No. 18-1756,  the Second Circuit Court of Appeals upheld a Manhattan district judge’s decision to approve a low-cost class action settlement in what the judge termed a “nuisance” case, while basically zeroing out the $100,000 fee requested by the plaintiffs’ class counsel. Defendants who have faced silly but... Continue Reading…

Few issues in bankruptcy create as much contention as disputes regarding the right of setoff. This was recently highlighted by a decision in the chapter 11 case of Orexigen Therapeutics in the District of Delaware.  Judge Kevin Gross denied a motion to allow a “triangular” setoff, whereby a corporate parent sought to have an obligation...… Continue Reading

The judicial power of the United States is vested in courts created under Article III of the Constitution. However, Congress created the current bankruptcy court system over 40 years ago pursuant to Article I of the Constitution rather than under Article III.  The Supreme Court has long held that Article I courts are limited to...… Continue Reading

“Yes FCC, we meet again old friends” was the message comedian John Oliver had for the FCC on his show Last Week Tonight, when he devoted nearly 20 minutes to an in-depth criticism of “robocalls” and the FCC’s approach to regulating such calls. (Oliver had previously taken aim at the FCC in multiple segments about... Continue Reading…

After multiple enforcement actions totaling hundreds of thousands of dollars in penalties against importers and retailers of LED signs last year, it appears that the message has not been fully received. To the contrary, the FCC is back at it in enforcing its equipment marketing rules against importers and retailers of LED signs in 2019.... Continue Reading…

Shortly after publishing the now-infamous Steele dossier about President Trump’s alleged connections with Russia, BuzzFeed was sued for defamation by Aleksej Gubarev, a Russian tech entrepreneur based in Cypress.  The dossier claimed that Gubarev’s company XBT Holdings S.A., its subsidiary Webzilla, Inc., and affiliates played a significant role in hacking the Democratic Party leadership.  Dkt...… Continue Reading

Less than three months after Paramount Pictures released the hit movie The Wolf of Wall Street in December 2013, former Stratton Oakmont attorney and executive Andrew Greene sued the studio and the movie’s production companies for claims including invasion of privacy and libel per se.  Greene took the position that one of the movie’s outlandish...… Continue Reading

The National Milk Producers Federation (NMPF) yesterday submitted a citizen petition to FDA related to the use of dairy terms such as “milk,” “yogurt,” “cheese,” “ice cream” and “butter” in the statements of identity for non-dairy plant-based substitutes. The petition argues that the use of these standardized dairy terms to name non-dairy foods falls short...… Continue Reading

The U.S. and other companies that export foods, additives, colorings, etc. to the European Union (EU) should take notice: new legislation applicable to the agri-food industry is being billed as one of the world’s “most transparent” laws raising potential concerns about protecting proprietary information from competitors.  Controversy surrounding the use of genetically modified organisms and...… Continue Reading

Committee Hearings Tues, Mar 12, 2019 House Committee on Oversight and Reform Subcommittee on Economic and Consumer Policy Examining the Public Health Risks of Carcinogens in Consumer Products Tues, Mar 12, 2019 House Committee on Natural Resources Subcommittee on Energy and Mineral Resources “Examining the Policies and Priorities of the Bureau of Land Management, the...… Continue Reading

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Tuesday, Mar 05, 2019 10:00 AM – SD-366 Senate Energy and Natural Resources Hearings to examine the electricity sector in a changing climate. Tuesday, Mar 05, 2019 10:00 AM – SD-406 Environment and Public Works Subcommittee on Clean Air and Nuclear Safety Hearings to examine states’ role in protecting air quality, focusing on principles of...… Continue Reading

The post Energy Hearings This Week appeared first on Fracking Insider.

Earlier today, US EPA released the inaugural draft list of 20 “high priority” and 20 “low priority” chemicals for risk evaluation purposes as required by the 2016 amendments to the Toxic Substances Control Act (TSCA).   EPA must finalize the listings by December 2019, at which point “high priority” chemicals will be required to go through... Continue Reading

The anticipated issuance of a final Proposition 65 exemption for chemicals, such as acrylamide, “created by and inherent in the processes of roasting coffee beans or brewing coffee,” has been delayed to allow for an additional comment period to address a modest clarification to the pending regulation.  Earlier today, the California Office of Environmental Health... Continue Reading

In a decision that could have wide-ranging implications for all employers, the Fourth Circuit recently held that an employer’s failure to stop a false rumor that a female employee slept with her male boss to obtain a promotion, could give rise to employer liability under Title VII for gender discrimination. Parker v. Reema Consulting Services...… Continue Reading

The New York City Human Rights Law prohibits employers, housing providers, and providers of public accommodations from discriminating against an individual on the basis of race. The New York City Commission on Human Rights (the “Commission”) issued guidance banning discrimination based on an individual’s hair, specifically the hair and hairstyles traditionally worn by Black people....… Continue Reading

The Luxembourg Competition Authority recently handed down a decision that found an app-based taxi booking system, Webtaxi, was not a hardcore violation of the relevant competition law banning price fixing.  The algorithm determined the precise fare the passenger would pay for a trip.  The taxis remained competitors otherwise and the cabs on the app represented...… Continue Reading

On June 14, 2018, in Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., the Supreme Court held that Courts are not obliged to accept statements from a foreign government agency on the meaning and effects of its laws but should consider other evidence in addition to such statements to judge their value.  The Court...… Continue Reading

03/13/2019 – Region 4 OSHA News Release – U.S. Department of Labor Cites South Florida Restaurant Operator For Safety Violations After Employee Suffers Burn Injuries 03/11/2019 – Region 5 OSHA News Release – U.S. Department of Labor Cites Wisconsin Aluminum Castings Manufacturer After Three Employees Develop Occupational Lung Disease 03/08/2019 – OSHA Trade Release –... Continue Reading

This article was written by Barbara E. Hoey and Diana R. Hamar, and originally posted to Kelley Drye’s Labor Days Blog. In a decision that could have wide-ranging implications for all employers, the Fourth Circuit recently held that an employer’s failure to stop a false rumor that a female employee slept with her male boss... Continue Reading

Last week, China amended a draft of a proposed foreign-investment law in an effort to address global concern over forced technology transfers.  The new law, which bans officials from divulging corporate secrets, was approved by the Chinese legislature on Friday.  The amendments were made shortly before the law was put to a vote and are...… Continue Reading

U.S. Reps. Terri Sewell (D-AL) and Fred Upton (R-MI) on Wednesday introduced legislation (H.R. 1710) that would preclude President Trump from imposing  Section 232 tariffs on imported automobiles and automotive parts until the U.S. International Trade Commission (USITC) conducts “a study of the economic well-being, health, and vitality of the United States auto-motive industry.”  The...… Continue Reading