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HTMLCosts of a Non-Party’s Compliance with a Subpoena Will Shift to the Requesting Party If Costs Are “Significant"
Douglas J. Behr, Alyssia J. Bryant; Keller and Heckman LLP;
Legal Alert/Article
April 14, 2014, previously published on April 8, 2014
The United States Court of Appeals for the Ninth Circuit recently joined the D.C. Circuit in finding that a non-party to a lawsuit may recover the costs of complying with a subpoena if those costs are significant. According to the Court of Appeals, if a subpoena imposes an expense and that expense...

 

HTMLVermont Senate Approves Pricey Green Chem Bill, Now in House’s Hands
Nathan S. Cardon, Sheila A. Millar, Jean-Cyril Walker; Keller and Heckman LLP;
Legal Alert/Article
April 8, 2014, previously published on April 7, 2014
The Vermont Senate has approved a bill, S. 239, that would allow the state to require extensive, expensive chemical reporting and impose high fees on nearly everyone doing business in the state. All consumer products - not just children’s products - except electronics, motor vehicles,...

 

HTMLFTC Determines that Pinterest Contest Entries Constitute Product Endorsements that Require Disclosures
Nathan S. Cardon, Tracy P. Marshall, Sheila A. Millar, Carrie Teeter; Keller and Heckman LLP;
Legal Alert/Article
April 8, 2014, previously published on April 4, 2014
A recent closing letter from the Federal Trade Commission (FTC) to Cole Haan relating to a contest conducted on the social media site Pinterest is instructive for companies that sponsor online contests that involve the submission of user-generated content. The FTC revised its Guides Concerning the...

 

HTMLRockefeller Releases Report on Target Breach and Chairs Hearing on Cybersecurity
Nathan S. Cardon, Tracy P. Marshall, Sheila A. Millar, Carrie Teeter, Jean-Cyril Walker; Keller and Heckman LLP;
Legal Alert/Article
April 2, 2014, previously published on March 28, 2014
Senator Jay Rockefeller released a report detailing missed opportunities to improve security and vulnerable security methods which allegedly contributed to the data breach suffered by Target Inc. The report is based on information from reports and expert witnesses related to the recent high-profile...

 

HTMLCPSC Holds Workshop on Potential Ways to Reduce Third Party Testing Costs
Nathan S. Cardon, Tracy P. Marshall, Sheila A. Millar, Carrie Teeter, Jean-Cyril Walker; Keller and Heckman LLP;
Legal Alert/Article
April 2, 2014, previously published on March 28, 2014
The CPSC will hold a workshop on April 3, 2014, to discuss ways to decrease third-party testing costs for products containing trace elements of lead and six phthalates found in children’s toys. Under current regulations, companies manufacturing children’s toys subject to the Toy...

 

HTMLSCOTUS Rules Indirect Competitors May Bring 43(a) False Advertising Action
Richard J. Leighton; Keller and Heckman LLP;
Legal Alert/Article
April 1, 2014, previously published on March 26, 2014
On March 26, 2014, the Supreme Court of the U.S. ruled unanimously, in an opinion by Justice Scalia, that a company - whether or not it is a direct competitor - has standing to bring a false advertising action under Section 43(a) of the Lanham Act where it alleges that it lost sales and/or had its...

 

HTMLFSMA Update: FDA Seeks Input on Reportable Food Registry Requirements
Melvin S. Drozen, Alissa D. Jijon, Evangelia C. Pelonis; Keller and Heckman LLP;
Legal Alert/Article
April 1, 2014, previously published on March 26, 2014
FDA has issued an Advanced Notice of Proposed Rulemaking (ANPRM) to seek comments, data, and information from stakeholders that will assist the Agency with implementing amendments to the Reportable Food Registry (RFR) requirements that were enacted as part of the FDA Food Safety Modernization Act...

 

HTMLPresident Nominates CPSC Executive Director Elliot Kaye to be Chairman
Nathan S. Cardon, Tracy P. Marshall, Sheila A. Millar, Carrie Teeter, Jean-Cyril Walker; Keller and Heckman LLP;
Legal Alert/Article
April 1, 2014, previously published on March 28, 2014
President Obama announced yesterday his intent to nominate Elliot Kaye to be chairman of the U.S. Consumer Product Safety Commission. Kaye currently serves as Executive Director, and previously as Chief of Staff for and Senior Counsel to Inez Tenenbaum. Among Kaye’s key areas of focus at the...

 

Adobe PDFFDA Announces Major Revisions to the Nutrition and Supplement Facts Labels
Melvin S. Drozen, Leslie T. Krasny, Eric S.C. Lindstrom, Richard F. Mann, Frederick A. Stearns; Keller and Heckman LLP;
Legal Alert/Article
March 5, 2014, previously published on February 27, 2014
Today, the Food and Drug Administration (FDA) announced the availability of three proposed rules that would revise the Nutrition Facts label requirements. These proposals will be published in the Federal Register on Monday, March 3.

 

Adobe PDFEPA Narrows Controversial Definition of “Diesel Fuels” in Hydraulic Fracturing Permitting Guidance
Adrienne M. Timmel, Jean-Cyril Walker; Keller and Heckman LLP;
Legal Alert/Article
February 24, 2014, previously published on February 21, 2014
As hydraulic fracturing continues to play a strong role in reviving the U.S. energy economy, pressure remains on Federal and state authorities to regulate the practice. To date, the U.S. Environmental Protection Agency’s (“EPA”) approach has been inconsistent. On the one hand, it...

 


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