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HTMLGovernor Vetoes Proposed Changes to California Franchise Law
Michael A. Bowen, Roberta F. Howell; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 3, 2014
To the surprise of many, California Governor Jerry Brown has vetoed the proposed changes to California’s franchise laws that were discussed in our Client Alert on August 28, 2014. In his veto message, Governor Brown criticized the bill’s substitution of “substantial and material...

 

HTMLWe Need a Smarter, Greener Grid, But How?
David R. Zoppo; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 3, 2014
There is no denying that the U.S. electrical grid is in need of replacing, but the route to achieving that goal is unclear. The EPA added another curve in June 2014 with its proposed and highly controversial Clean Power Plan, which requires the total carbon dioxide emissions from existing U.S....

 

HTMLSecond Circuit Adopts Broad Pleading Standard for Whistleblower Protection Under Sarbanes-Oxley Act, But Affirms Dismissal of Complaint
Bryan B. House, Pamela L. Johnston, Courtney Worcester; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 3, 2014
On August 8, 2014, the United States Court of Appeals for the Second Circuit in Nielsen v. AECOM Technology Corp., No. 13-235-cv, -- F.3d -- (2d Cir. Aug. 8, 2014), joined a growing number of federal appellate courts that have adopted the Department of Labor’s plaintiff-friendly pleading...

 

HTMLTelephone Consumer Protection Act Express Consent Narrowed Again
Michael C. Lueder; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 17, 2014
Albert Nigro just wanted to turn off his deceased mother-in-law’s electricity. He called the electric company, but it required that he provide his mobile telephone number to disconnect service. It turned out though that the mother-in-law had an outstanding bill of $68. Nigro did not know...

 

HTMLRecent College Coach Lawsuits Emphasize the Importance of Good Contract Language
Daniel W. Werly; Foley & Lardner LLP;
Legal Alert/Article
October 17, 2014, previously published on October 13, 2014
The recent flurry of scandals in professional sports, particularly those from the NFL that dominated headlines in recent weeks, are not without their counterparts in the college ranks. Indeed, in the past year there have been an increasing number of controversies involving college coaches, which in...

 

HTMLSeventh Circuit Warns Intervenors Not to Sleep on Their Rights
Eric G. Pearson; Foley & Lardner LLP;
Legal Alert/Article
October 17, 2014, previously published on October 13, 2014
It’s an ancient principle of equity, drawn from Roman law: Equity relieves the vigilant, not those who sleep upon their rights. And it sums up quite well the Seventh Circuit’s recent decision in SEC v. First Choice Management Services, Nos. 14-1270 & 14-2284 (Sept. 11, 2014). First...

 

HTML"Turning Up the Heat" - Organizing Efforts in the South
Jeffrey S. Kopp; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 9, 2014
It is no coincidence that the incredible resurgence of manufacturing in the Southeastern United States occurred in the absence of unionized facilities. Automotive, aerospace, and appliance manufacturers have flocked to the South, from the Carolinas, to Alabama, and Kentucky, where they enjoy...

 

HTMLMais Reversed: If You Give Me Your Number, I Can Call It, However I Want
Michael C. Lueder; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 1, 2014
“If you give me your number, I can call it, however I want.” For more than twenty years this statement has summarized the Federal Communications Commission view of prior express consent under the Telephone Consumer Protection Act. On September 29, 2014, the United States Court of...

 

HTMLSeventh Circuit Uses Fed. R. Civ. P. 60(b)(5) to Reopen 23-Year Old Judgment
Eric G. Pearson; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 9, 2014
Federal Rule of Civil Procedure 60(b)(5) allows a party to move for relief from a final judgment on the ground that “it prospectively is no longer equitable.” Motions under Rule 60(b)(5) must be made “within a reasonable time” under Rule 60(c)(1), but subsection (c)(1)...

 

HTMLAfter the Bank Forecloses, Must It Actually Sell Your House?
Philip C. Babler; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 1, 2014
The Wisconsin Supreme Court will answer this question in Bank of New York v. Carson, No. 2013AP544. It heard argument in this case last Tuesday.

 


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