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HTMLTCPA Risks Increase for the Financial Services Industry
Keith J. Barnett, Thomas M. Byrne, Ellen M. Dunn, Juan C. Garcia; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 10, 2014, previously published on November 4, 2014
Companies in the financial services industry are being targeted in lawsuits brought under the Telephone Consumer Protection Act (TCPA). Record-setting class action settlements like the recent $75 million settlement involving Capital One have captured the headlines. Moreover, unsettled law...

 

HTMLCFTC Clarifies Dealer Requirement to Notify Customers of Right to Segregation of Initial Margin for Uncleared Swaps
Brian Barrett, James M. Cain, Daphne G. Frydman, David T. McIndoe, Mark D. Sherrill, R. Michael Sweeney; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 10, 2014, previously published on November 4, 2014
On October 31, the Division of Swap Dealer and Intermediary Oversight (Division) of the Commodity Futures Trading Commission (CFTC) issued a staff interpretation regarding the notification of the right to segregation of initial margin in uncleared swap transactions.1 The interpretation also...

 

HTMLJust the Fax: Recent TCPA Developments on Liability for Unsolicited Faxes and Fax Opt-Out Notices
Keith J. Barnett, Thomas M. Byrne, Ellen M. Dunn, Juan C. Garcia, Allegra J. Lawrence-Hardy; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 10, 2014, previously published on November 6, 2014
The end of October 2014 saw two significant developments for Telephone Consumer Protection Act (TCPA) rules governing facsimile transmissions, fax opt-out notices and liability for faxes sent by third parties.

 

HTMLTexas Apartment Association Files Amicus Brief in U.S. Supreme Court Fair Housing Act Case
Peter Hansen, Sean D. Jordan, Robert A. Lemus, Kent C. Sullivan; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 10, 2014, previously published on November 25, 2014
The U.S. Supreme Court will review a Fair Housing Act case to address whether the Act prohibits facially neutral conduct that has an unintended disparate impact on members of a protected class. In its amicus curiae brief, the Texas Apartment Association (TAA) argues that the text and history of the...

 

HTMLAnother Software Patent is Ruled Patent-Ineligible - Are Business Method and Software Patents at Risk?
Umar R. Bakhsh, Christopher J. Chan, Malvern (Griff) U. Griffin, Srikant Viswanadham; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 10, 2014, previously published on November 19, 2014
On November 14, 2014, in a much-anticipated decision following the U.S. Supreme Court’s decision in Alice v. CLS Bank, a unanimous U.S. Court of Appeals for the Federal Circuit held in Ultramercial, L.L.C. v. WildTangent, Inc.1 that the claims of Ultramercial’s asserted patent were...

 

HTMLESMA Issues Revision of the Technical Standards on Reporting under Article 9 of EMIR
Brian Barrett, James M. Cain, Daphne G. Frydman, David T. McIndoe, Mark D. Sherrill; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 10, 2014, previously published on November 24, 2014
On November 10, the European Securities and Markets Authority (ESMA) published a consultation paper relating to the Regulatory Technical Standards and Implementing Technical Standards (collectively, the Technical Standards), which address the reporting obligations under the European Market...

 

HTMLThe Ninth Circuit Raises Pleading Standards for FLSA Plaintiffs
James J. Briody, Thomas R. Bundy, Lee C. Davis, Michael A. Hepburn, Paul R. Lang; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 10, 2014, previously published on November 20, 2014
The U.S. Court of Appeals for the Ninth Circuit makes pleading Fair Labor Standards Act (FLSA) violations more difficult by applying the heightened standard in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009).

 

HTMLEuropean Union Trademark Office Announces New “Fast Track” Procedure
Elisabeth A. Langworthy, Daniel C. Neustadt; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 2, 2014, previously published on November 14, 2014
Since 1994, the European Union’s trademark office ¿ the Office for Harmonization in the Internal Market (OHIM) ¿ has provided trademark owners a centralized and cost-effective registration system for securing trademark protection throughout all of the EU’s member states. The...

 

HTMLU.S. Supreme Court Agrees to Hear Arguments Involving Federal Health Insurance Exchange Subsidies
Brenna M. Clark, Adam B. Cohen, Andrea M. Gehman, Michael A. Hepburn, Paul R. Lang; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
December 1, 2014, previously published on November 11, 2014
On Friday, the U.S. Supreme Court announced that it would review the U.S. Court of Appeals for the Fourth Circuit’s decision in King v. Burwell. In that case, the Fourth Circuit held that tax credits for health insurance coverage can be made available to individuals through both federal and...

 

HTMLDelfin LNG Completes Acquisition of Pipeline System for Deepwater LNG Port
Sutherland Asbill Brennan LLP;
Legal Alert/Article
November 28, 2014, previously published on November 21, 2014
Delfin LNG LLC (Delfin) filed a letter notifying FERC that it has completed its acquisition of the Enbridge Offshore Pipelines (UTOS) natural gas pipeline system. Delfin intends to repurpose the system for use as part of a Deepwater Liquefied Natural Gas Port located in West Cameron Block 167, 30...

 


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