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HTMLThe Fiduciary Exception to the Attorney-Client Privilege: Whose Privilege is it in Litigation?
Staci Norman Criswell; Spilman Thomas & Battle, PLLC;
Legal Alert/Article
August 28, 2015, previously published on August 28, 2015
The attorney-client privilege is a cornerstone of the legal practice. The privilege protects the confidentiality of communications between a client and an attorney from disclosure to a third party when the communications are intended to be confidential and the confidentiality is not waived. Can a...

 

HTMLGuzman v. Hacienda Records and Recording Studio, INC.
Loeb Loeb LLP;
Legal Alert/Article
August 27, 2015, previously published on August 27, 2015
Defendant Hacienda Records and Recording Studio, Inc. prevailed on a copyright infringement claim brought by plaintiff Jose O. Guzman following a bench trial in the U.S. District Court for the Southern District of Texas. Hacienda moved for attorneys’ fees, which the district court denied,...

 

HTMLTri-State Fights EPA MATS Rule for Colorado Facility
Sutherland Asbill Brennan LLP;
Legal Alert/Article
August 27, 2015, previously published on August 26, 2015
Tri-State Generation and Transmission Association, Inc. (Tri-State) has renewed its attempt to suspend the April 2016 compliance deadline under the Mercury and Air Toxics (MATS) rule for the 110-MW Nucla Station. Tri-State has asked the D.C. Circuit to suspend the compliance deadline, arguing that...

 

HTMLA Pick Off Play Strikes Out at the First Circuit, But There Are More Innings to be Played; the Debate Over Rule 68 Offers of Judgment Continues
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
August 27, 2015, previously published on August 26, 2015
Sorry, we couldn’t resist mixing our baseball metaphors. In Bais Yaakov of Spring Valley v. ACT, Inc., the First Circuit affirmed a district court decision refusing to dismiss a putative class action as moot based on an unaccepted offer under FRCP 68 that defendant claimed would provide...

 

HTMLEleventh Circuit Addresses Statutory Penalty Claims under ERISA
Joshua Bachrach, Tanya I. Suarez; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
August 26, 2015, previously published on August 25, 2015
The ERISA statute authorizes a court to award a penalty of up to $110 per day based on the failure of an Administrator to respond to a participant’s or a beneficiary’s request for plan documents. The term “Administrator” is defined under ERISA as “the person...

 

HTMLIn Bed Bug Case, Court Denied Defendants’ Motion to Dismiss Plaintiffs’ Fraud, Consumer Protection, and Punitive Damages Claims for Failure to State a Claim
Colleen K. O'Brien; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
August 26, 2015, previously published on August 2015
Myles v. Rent-A-Center, Inc., U.S.D.C. D. Md. Civ. No. JKB-15-300 (July 7, 2015), involved the sufficiency of Plaintiffs’ consumer protection, fraud, and punitive damage claims against the Defendants in a bed bug case on Defendants’ Motion to Dismiss for failure to state a claim...

 

HTMLWhere Will the Cardinals Fly? Arizona Court Orders Refunds of Football Stadium Tax
Stephen A. Burroughs, Amy Nogid; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
August 26, 2015, previously published on August 25, 2015
The Superior Court of Arizona, Maricopa County, rejected the Department of Revenue’s request that rental car companies be granted only prospective relief from the court’s earlier decision which declared the car rental charge illegal. The voter-approved surcharge was enacted for the...

 

HTMLBanks’ Class Certification Motion Trumpets Target Data Security Failings, Ignores Impact of Card Association Settlements
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
August 26, 2015, previously published on August 25, 2015
Card-issuing banks are forging ahead with their lawsuit against Target arising from the 2013 holiday shopping season data breach. Their July 1 motion for class certification has just been unsealed, allowing a glimpse at plaintiffs’ version of the events during November and December 2013 that...

 

HTMLBreaking News: FTC vs. Wyndham Update
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
August 25, 2015, previously published on August 24, 2015
Rather than our usual Privacy Monday “bits and bytes,” we have a breaking story relating to the ongoing Wyndham/FTC saga.

 

HTMLAre “Personal Flamethrowers” Under the Jurisdiction of the CPSC?
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
August 25, 2015, previously published on August 24, 2015
Yes. You read that correctly. Two US companies are selling personal flamethrowers to the public. Once grisly weapons of war, the flamethrowers are now being marketed for more practical purposes such as clearing brush and snow, incinerating weeds between cracks on the driveway, controlled burns,...

 


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