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HTMLThird Party Vendor Issues and Checklist
E. Andrew Keeney; Kaufman & Canoles A Professional Corporation;
Legal Alert/Article
May 16, 2013
For years, credit unions have been alerted by the NCUA to the need for vendor due diligence and other third-party vendor relationship requirements. Now, the Federal Reserve Board has alerted banks, and the Consumer Financial Protection Bureau has joined the bandwagon and is even issuing unfair and...

 

HTMLProposed Legislation to Expand Growler Sales in North Carolina
M. Keith Kapp, Jennifer A. Morgan; Williams Mullen;
Legal Alert/Article
May 15, 2013, previously published on May 13, 2013
Retailers in North Carolina, including grocery stores, bars, restaurants, and specialty beer and wine shops, may soon be allowed to fill and sell growlers to customers for off-premises consumption if new legislation currently being considered by the North Carolina General Assembly goes into effect.

 

HTMLIn re School Specialty, Inc.: Delaware Bankruptcy Court Upholds Secured Lender's "Make-Whole" Claim Under New York Law
Marina Fineman, Kizzy L. Jarashow; Stutman, Treister & Glatt Professional Corporation;
Legal Alert/Article
May 7, 2013, previously published on April 2013
A Delaware bankruptcy court has upheld a secured lender's $23.7 million "Make-Whole" claim on a $67 million principal term loan, over the objections of the official committee of unsecured creditors ("Committee"). In re School Specialty, Inc., No. 13-10125 (KJC), 2013 WL/LEXIS...

 

Adobe PDFCalifornia Appellate Court Confirms Cap on Past Medical Expenses Applies to Medicare Payments and Should Be Imposed before Further Reductions for Contributory Negligence
John R. Clifford, Edward P. Garson, Laura P. Kelly, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 1, 2013, previously published on April 25, 2013
In Luttrell v. Island Pacific Supermarkets, Inc. (April 8, 2013, A134089), California’s First District Court of Appeal held that Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 specifically applies to limit a plaintiff’s recovery of past medical expenses to the...

 

HTMLCalifornia Transparency in Supply Chains Act
Michael F. Taveira; Foley & Lardner LLP;
Legal Alert/Article
April 19, 2013, previously published on April 18, 2013
As of last year, the California Transparency in Supply Chains Act requires qualifying businesses to disclose their efforts to eradicate human trafficking and slavery from their direct supply chains.

 

Adobe PDFRetailers Should Use Caution In Collecting Zip Codes From Consumers
Mark A. Bross; Adler Pollock & Sheehan P.C.;
Legal Alert/Article
April 17, 2013, previously published on April 15, 2013
In a recent decision, Tyler v. Michaels Stores, the Supreme Judicial Court of Massachusetts (“SJC”) has increased the risk of class action lawsuits under M.G.L. c. 93A against retailers who collect consumers’ ZIP codes during credit card transactions and use this information for...

 

HTMLCollection of Zip Codes by Massachusetts Retailers Constitutes Unfair Business Practice
Paul E. White; Sugarman, Rogers, Barshak & Cohen, P.C.;
Legal Alert/Article
April 5, 2013, previously published on April 2, 2013
Massachusetts highest court has recently issued an important decision concerning the collection of zip code information by retailers that is likely to generate lawsuits against many of the largest retailers that do business in Massachusetts.

 

Adobe PDFMA ZIP Code Ruling: Implications for Online Retailers, Gas Stations and Others
Keller Heckman LLP;
Legal Alert/Article
April 3, 2013, previously published on April 2, 2013
Since 2011, California has been the primary venue for suits alleging the illegality of collecting ZIP codes in connection with a credit card transaction. Based on a recent decision by the Supreme Judicial Court of Massachusetts, the State's highest court, more such lawsuits will likely be filed in...

 

Microsoft WordFashion Beyond Borders: A Fusion of Technology and Free Trade Agreements Pave the Way Into the Largest Economy in the World - A Case Study on the African Growth and Opportunity Act (AGOA) and the African Fashion Industry
Deanna D. Clark; Shayne Law Group, P.C.;
White Paper
April 2, 2013, previously published by International Foundation of Fashion and Technology Institutes (2012) on Spring 2013
Technology has provided the opportunity for fashion brands to emerge out of "home grown" marketing avenues such as through the creation of an online presence on Facebook. Together with the ubiquity and mass market pricing of the mobile phone with a digital camera, both budding and...

 

Adobe PDFIn Key Decision, Supreme Court Applies "Rigorous Analysis" to FRCP 23(b)(3) Class Determination in Reversing Class Certification Based on Lack of Showing That Damages Can Be Measured On Classwide Basis
Jordan D. Grotzinger, Jeff E. Scott; Greenberg Traurig, LLP;
Legal Alert/Article
April 2, 2013, previously published on April 1, 2013
In 2011, the Supreme Court explained in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541, 2551 (2011) that, “[w]hat matters to class certification . . . is not the raising of common ‘questions’ -- even in droves -- but, rather the capacity of a classwide proceeding to generate...

 


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