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HTMLCPSC Settles Complaint Against Ex-CEO of Buckyballs and Buckycubes
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
May 21, 2014, previously published on May 13, 2014
On May 9, 2014, the CPSC and the maker of Buckyballs and Buckycubes settled the July 2012 administrative case brought by the CPSC alleging that these “rare earth magnets” pose a substantial product hazard. The settlement agreement includes a voluntary recall of Buckyballs and Buckycubes...


HTMLVermont Goes GMO Alone
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
April 29, 2014, previously published on April 21, 2014
In January, this space discussed the Maine and Connecticut laws that would require labeling for foods made with geneticially engineered ingredients (GMOs). Each of the bills had a trigger qualification: 4 other states, or states with a combined population of 20 million, had to adopt similar...


HTMLB.C. Even Closer to Enacting Franchise Legislation
Jordanna Cytrynbaum, Miriam Isman, Adam Ship; McCarthy Tétrault LLP;
Legal Alert/Article
April 23, 2014, previously published on April 3, 2014
British Columbia has no special franchise legislation - franchise relationships are governed by the terms of franchise agreements and the common law of contracts. However, a new report reveals that interested parties are largely in favour of changing this regime through the introduction of...


HTMLDoing Business in Quebec: Does the Charter of the French Language Prevent the Use of Trade-Marks in Languages other than French in Signs, Posters and Advertising?
Marie-Hélène Beaudoin, Julie-Martine Loranger, Anne-Marie Naud, Chantal C. Tremblay; McCarthy Tétrault LLP;
Legal Alert/Article
April 23, 2014, previously published on April 14, 2014
Doing business in Quebec requires that enterprises pay particular attention to the requirements set out in the Charter of the French Language, R.S.Q., c. C-11 (commonly known as “Bill 101”, hereinafter referred to as the “Charter”), a statute adopted in 1977 with the purpose...


HTMLTarget Becomes a Target: Proposed California Bill Aims to Make Retailers Liable for Data Breach Incidents
Jake Romero; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
April 22, 2014, previously published on April 17, 2014
Following a string of high-profile data breaches and new data suggesting that approximately 21.3 million customer accounts have been exposed by data breach incidents over the past two years, the California legislature has introduced legislation aimed at making retailers responsible for certain...


HTMLCPSC Announces Forman Mills Civil Penalty and Compliance Program
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
April 14, 2014, previously published on April 09, 2014
For the first time in nearly a year, a unanimous U.S. Consumer Product Safety Commission (“CPSC”) announced that a company will pay a hefty civil penalty and enact a strict compliance program to resolve allegations regarding its reporting practices. This announcement comes almost one...


HTMLSupreme Court: Severance Payments Are Wages Subject To FICA Taxes
Fisher Phillips LLP;
Legal Alert/Article
March 28, 2014, previously published on March 25, 2014
On March 25, 2014 the U.S. Supreme Court unanimously held that a certain type of severance payment known as supplemental unemployment compensation constituted “wages” subject to Federal Insurance Contributions Act (FICA) payroll taxes. The Court’s decision resolves a split of...


Adobe PDFSite Plan Modifications - Traps for the Unwary
John H. Sokul; Hinckley, Allen & Snyder LLP;
Legal Alert/Article
March 10, 2014, previously published on February 27, 2014
Change is inevitable. Projects evolve. Seemingly simple changes to approved projects can sometimes cause unexpected complications. One project we recently worked on illustrates this. A client had obtained site plan approval for a restaurant. Before beginning construction, the client desired to...


HTMLDomestic Anti-Treaty-Shopping Proposals and Further Consultation Announced in Canada's Federal Budget 2014
Jared A. Mackey, Darcy D. Moch; Bennett Jones LLP;
Legal Alert/Article
February 21, 2014, previously published on February 18, 2014
In the Canadian Federal Budget released on February 11, 2014, the Department of Finance signaled its intention to enact a domestic treaty-shopping rule, generally allowing the Canada Revenue Agency (CRA) to deny treaty benefits when the "main purpose" of a particular transaction is to...


HTMLNinth Circuit Concludes That Common Issues Do Not Predominate Where Retailer’s In-Store Signs and Oral Sales Statements Place Each Putative Class Member’s Exposure to Misleading Statements in Doubt
Sascha Henry, John M. Landry; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
February 18, 2014, previously published on February 13, 2014
In Berger v. Home Depot USA, Inc., Case No. 11-55592, 2014 U.S. App. LEXIS 2059 (9th Cir. Feb. 3, 2014), the Ninth Circuit Court of Appeals affirmed the denial of class certification based largely on evidence that the defendant’s point-of-sale signs and oral statements supplied allegedly...


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