Alerts

In a landmark ruling for college athletes, US District Judge Claudia Wilken ruled that the National Collegiate Athletic Association (NCAA) cannot stop players from selling the rights to their names, images, and likenesses to the schools that they attend.

In an IP-related story that seems ripped from the headlines of The Onion, a British photographer has claimed exclusive ownership of a Nat Geo-worthy image of a smiling crested black macaque that was shot with his camera during his 2011 trip to Indonesia. The twist? The monkey took the photo.

As part of the Federal Trade Commission’s (FTC) regular rule and guidelines review process, it recently reviewed the rule governing the “Use of Prenotification Negative Option Plans” (Negative Option Rule).

As the crisis in Ukraine intensifies and broadens, more foreign investment is likely to find itself caught in the crossfire. The situation raises novel questions about the application of Ukraine’s many investment treaties in the context of armed conflict and belligerent occupation.

The Third Circuit agreed with the Bankruptcy Courts finding that the proposed releases were not adequately disclosed to the bondholders as required by Bankruptcy Rule 3016(c), and therefore would not be approved.

The French luxury goods conglomerate LVMH Moët Hennessy Louis Vuitton S.A. (LVMH) recently settled its long-running court battle with eBay, Inc. over the online auction website’s alleged distribution of counterfeit luxury goods.

After announcing planned additional sanctions in the energy and military end-use sectors, the European Union and the United States both made good on their promises.

On July 29, 2014, the General Counsel of the National Labor Relations Board (NLRB or Board), Richard Griffin, authorized NLRB Regional Directors to file unfair labor practice complaints against McDonald’s as an alleged “joint employer” alongside its local franchisees.

On July 11, 2014, amendments designed to reform Medicare regulations that the Centers for Medicare and Medicaid Services (CMS) has identified as “unnecessary, obsolete, or excessively burdensome on health care providers and suppliers” became effective.

A 2014 bill protects NY unpaid interns from discrimination based on age, race, creed, color, origin, orientation, or military/domestic violence victim status.

. TRIA provides a federal backstop given that catastrophic terrorism is an uninsurable risk, as described in a 2014 RAND Corporation analysis. Congress approved two TRIA extensions with reforms in 2005 and 2007.

On July 21, 2014, President Barack Obama issued an Executive Order (the Order) prohibiting employment discrimination based on sexual orientation and gender identity by federal contractors and agencies.

On July 14, 2014, the US Equal Employment Opportunity Commission (EEOC) issued a new Enforcement Guidance on “Pregnancy Discrimination and Related Issues.”

On July 14, 2014, the DC Council unanimously approved the Fair Criminal Record Screening Act (the Act) that bars private employers from asking about an applicant’s criminal conviction record until the employer has extended a conditional job offer.

In Lawson, the Court held that employees of a mutual fund, traditionally outside the coverage of Sarbanes-Oxley Act (SOX), are nonetheless protected by its whistleblower provision.

On July 16, 2014, the US Office of Foreign Assets Control (OFAC) escalated Russian sanctions by issuing “Sectoral Sanctions” — prohibitions on certain finance related transactions with certain entities, including two major Russian banks and two oil and natural gas producers.

The Ninth Circuit has affirmed the dismissal of a putative class action against Redbox, holding that its ZIP code collection practices fall within an exception to California’s Song-Beverly Credit Card Act of 1971 (Song-Beverly Act).

All good wealth management includes estate planning as a component. Changes in the tax laws, modern trust conventions and family changes make periodic reviews of estate plans a real necessity.

On July 17, 2014, responding in part to the expiration of numerous tax incentives last December 31, the House of Representatives approved by a 277–130 vote a bill (H.R. 4719, The America Gives More Act) containing permanent extension of several tax incentives related to charitable deductions.

The crux of the issue the District Court considered was the interplay between sections 363(f) and 365(h) of the Bankruptcy Code.

The DC Circuit recently held that the attorney-client privilege applies to internal investigations, even when the investigations are mandated by law and are not conducted with the sole purpose of obtaining or providing legal advice.