Document(s) published by this organization: 66
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|FAA Interim Policy Further Supports Section 333 Exemption Process|
Judy Lin Bristow, Kevin D. Pomfret; Williams Mullen;
April 15, 2015, previously published on April 02, 2015Last week, the Federal Aviation Administration (FAA) announced an interim policy that it hopes will facilitate the use of Unmanned Aircraft Systems (UAS), commonly referred to as “drones,” for commercial purposes.
|Trinity Wall Street v. Wal-Mart Stores, Inc.: Is it About Guns on the Shelves or Guns in the Streets?|
Charles Everett James, Camden R. Webb; Williams Mullen;
April 15, 2015, previously published on April, 02.2015 In late November of 2014, a federal district court in Delaware ruled that Wal-Mart must include in its 2015 proxy materials a shareholder proposal seeking heightened board oversight concerning the societal, community, and reputational effects of the company’s sale of certain products,...
|Clearing Up the Confusion as to Preclusion: Supreme Court’s Trademark Ruling Gives Deference to the Trademark Trial and Appeal Board (TTAB)|
Thomas F. Bergert, Neil Magnuson, Amy G. Marino, Richard T. Matthews, Robert C. Van Arnam; Williams Mullen;
April 15, 2015, previously published on March 27, 2015 The U.S. Supreme Court on Tuesday ruled that federal court decisions on “likelihood of confusion” can be precluded by earlier findings on the same issue from the Trademark Trial and Appeal Board (“TTAB”). Following an 18-year fight between B&B Hardware Inc. and Hargis...
|Sixth Circuit Overturns the Lower Court’s Award of $3.8 Million in Alleged Profits Arising From a Denial of Benefits|
Mark S. Thomas; Williams Mullen;
April 13, 2015, previously published on March 11, 2015The U. S. Court of Appeals for the Sixth Circuit, sitting en banc, has overturned the decision of a divided three-judge Sixth Circuit panel which had affirmed the district court’s award of $3.8 million of “disgorged” profits, in a case involving the denial of long-term disability...
|It’s a Bird, It’s a Plane, It’s...Super Priority! A Brief Primer on Purchase Money Security Interests|
Jamie Watkins Bruno; Williams Mullen;
March 24, 2015, previously published on March 5, 2015A “purchase-money security interest” (or “PMSI”) is a security interest securing a “purchase-money obligation”, or an obligation incurred by a debtor to buy collateral (known as “purchase-money collateral”). Such obligation can be in the form of...
|Court Holds That Physician’s State Law Claim For Disability Benefits Is Preempted by ERISA: Hershan v. Unum Group Corporation|
Mark S. Thomas; Williams Mullen;
March 24, 2015, previously published on February 27, 2015A federal court has held that a radiologist’s state law contract claim for certain disability insurance benefits arose under a welfare benefit plan governed by ERISA and was therefore preempted by ERISA. In Hershan v. Unum Group Corporation, No. 2:14-6120 (D.N.J., February 5, 2015), the court...
|Southeast State & Local Tax: Important Developments - March 2015|
Stephanie Lipinski Galland, Samantha Trencs, Kyle Hudson Wingfield; Williams Mullen;
March 24, 2015, previously published on March 17, 2015Direct Marketing Association v. Brohl. The U.S. Supreme Court recently held that the federal Tax Injunction Act does not bar an action in federal court to enjoin the enforcement of Colorado’s use tax reporting statute, which requires out-of-state vendors to provide Colorado with a list of...
|Coastal Flooding and Resiliency: New Challenges and Opportunities for the Commercial Real Estate and Finance Industry|
Henry R. "SPEAKER" Pollard; Williams Mullen;
March 24, 2015, previously published on March 5, 2015Virginia, North Carolina and other mid-Atlantic coastal communities are no strangers to severe weather and related storm surges and flooding. However, many of these communities are experiencing storm surges and tidal and routine rainfall-related flooding with greater frequency and intensity. This...
|Fourth Circuit Dismisses EEOC’s Background Check Lawsuit Based on Its Reliance on “Laughable” And Unreliable Expert Report Filled With “Errors and Analytical Fallacies”|
Daniel P. Watkins; Williams Mullen;
March 24, 2015, previously published on March 18, 2015Earlier this session, in Equal Employment Opportunity Commission (“EEOC”) v. Freeman, No. 13-2365 (4th Cir. Feb. 20, 2015), the Fourth Circuit affirmed the award of summary judgment against the EEOC in its suit alleging that the defendant’s use of credit and criminal background...
|Cybersecurity: Mitigating the Legal Risks of On-Line Banking With Business Customers|
J.P. McGuire Boyd, Robert Dean Perrow; Williams Mullen;
March 24, 2015, previously published on March 20, 2015On-line or electronic banking (“e-banking”) offers many well-known advantages to financial institutions engaged in banking and to their business customers. A significant risk of on-line bank accounts for both financial institutions and their business customers is unauthorized transfers...