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|The Incredible Shrinking Red Bull Refund: How Should Courts Verify Class Membership?|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
October 23, 2014, previously published on October 16, 2014A 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?
|Consumer Compliance Risks in Social Media|
E. Andrew Keeney; Kaufman & Canoles A Professional Corporation;
October 22, 2014, previously published on Fall 2014Recently, 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...
|Third 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;
October 22, 2014, previously published on October 2014The 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...
|Be Careful What You Ask for: Selecting Forums for Arbitration|
Devin C. Dolive; Burr & Forman LLP;
October 21, 2014, previously published on October 6, 2014On 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...
|The Dilemma of the Unintended Fiduciary|
Edward M. McNally; Morris James LLP;
October 19, 2014, previously published on October 8, 2014A 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,...
|Gun Control Advocates Focus on Retailers|
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
October 17, 2014, previously published on October 9, 2014National 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...
|Avoiding an Ugly Business Divorce|
William A. Goldberg; Lerch Early Brewer Chartered;
October 17, 2014, previously published on September 25, 2014When 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...
|Foundation Law: Constitutive Documents Regulate the Purpose of the Foundation|
Michael Rainer; GRP Rainer LLP;
October 17, 2014, previously published on October 16, 2014Many 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.
|Update: Ontario's Employee Leave of Absence Provisions|
Houser Henry Syron LLP;
October 17, 2014Understanding 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...
|Uniform Voidable Transactions Act Approved by Uniform Law Commission to Replace UFTA|
Mark G. Douglas; Jones Day;
October 16, 2014, previously published on September/October 2014On 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...