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HTMLThe Incredible Shrinking Red Bull Refund: How Should Courts Verify Class Membership?
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
October 23, 2014, previously published on October 16, 2014
A recent class action settlement has brought fresh attention to two age-old questions. The first: does Red Bull actually give you wings? The second: how carefully should courts screen out bogus claimants from proposed classes of refund-seeking consumers?


HTMLConsumer Compliance Risks in Social Media
E. Andrew Keeney; Kaufman & Canoles A Professional Corporation;
Legal Alert/Article
October 22, 2014, previously published on Fall 2014
Recently, the Federal Financial Institutions Examination Council (FFIEC), which includes NCUA, released new guidelines to help financial institutions, “understand and successfully manage the potential risks regarding the use of social media.” It is important for credit unions, including...


HTMLThird Circuit Holds That Envelope Revealing Consumer’s Account Number Violates the FDCPA
Edward W. Chang, Francis X. Crowley, Kevin C. Rakowski, Wayne Streibich; Blank Rome LLP;
Legal Alert/Article
October 22, 2014, previously published on October 2014
The Third Circuit Court of Appeals recently held that an envelope revealing a consumer’s account number through a clear plastic window constitutes a violation of the Fair Debt Collection Practices Act (“FDCPA”). In doing so, the Third Circuit reversed the District Court of the...


HTMLBe Careful What You Ask for: Selecting Forums for Arbitration
Devin C. Dolive; Burr & Forman LLP;
Legal Alert/Article
October 21, 2014, previously published on October 6, 2014
On October 2, 2014, the United States Court of Appeals for the Eleventh Circuit rendered its decision in Inetianbor v. CashCall, Inc. Although this case did not involve a non-compete agreement, the Eleventh Circuit’s guidance regarding contractual arbitration provisions may have implications...


HTMLThe Dilemma of the Unintended Fiduciary
Edward M. McNally; Morris James LLP;
Legal Alert/Article
October 19, 2014, previously published on October 8, 2014
A recent Delaware decision highlights a trap for the unwary adviser to a business entity. The decision holds that helping a business get started may create fiduciary duties owed by the adviser, even if he or she is not acting in one of the roles that are normally thought of as creating such duties,...


HTMLGun Control Advocates Focus on Retailers
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 17, 2014, previously published on October 9, 2014
National corporate campaigns are not just the province of unions anymore. An organization that advocates for gun control, Moms Demand Action For Gun Sense In America, has gotten into the action as well. The group focuses on national retailers and chain restaurants via social media to pressure them...


HTMLAvoiding an Ugly Business Divorce
William A. Goldberg; Lerch Early Brewer Chartered;
Legal Alert/Article
October 17, 2014, previously published on September 25, 2014
When I was growing up, there was a popular TV commercial for a national automotive repair chain that encouraged potential customers to address small problems up front, rather than waiting until larger, more expensive issues emerged. To emphasize the point that ongoing maintenance was far cheaper...


HTMLFoundation Law: Constitutive Documents Regulate the Purpose of the Foundation
Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
October 17, 2014, previously published on October 16, 2014
Many foundations serve charitable purposes, but there are also those foundations that are run for private benefit, such as the family foundation. The latter can e.g. be used to avoid inheritance disputes.


Adobe PDFUpdate: Ontario's Employee Leave of Absence Provisions
Houser Henry Syron LLP;
Legal Alert/Article
October 17, 2014
Understanding Ontario’s 3 new Employee Leave of Absence Provisions: Effective October 29, 2014 Three new protected employee leaves come into effect October 29th in Ontario to assist employees dealing with the death, disappearance, illness or injury to a child or close family member. As an...


HTMLUniform Voidable Transactions Act Approved by Uniform Law Commission to Replace UFTA
Mark G. Douglas; Jones Day;
Legal Alert/Article
October 16, 2014, previously published on September/October 2014
On July 16, 2014, the Uniform Law Commission (the "Commission") approved a series of amendments to the Uniform Fraudulent Transfer Act (the "UFTA"), which is currently in force in 43 states (all states except Alaska, Kentucky, Louisiana, Maryland, New York, South Carolina, and...


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