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HTMLNo Smoking in the Workplace
Marcus W. Campbell, Joshua D. Meeuwse; Miller Johnson;
Legal Alert/Article
April 7, 2010, previously published on March 26, 2010
Michigan’s new law banning smoking in the workplace goes into effect on May 1. It forces employers to take aggressive actions to enforce the ban and penalizes passive employers as well as illicit smokers. It prohibits smoking in any building where employees perform services—and that...


Adobe PDFNew Kansas Smoking Ban Directly Affects Employers
Boyd A. Byers; Foulston Siefkin LLP;
Legal Alert/Article
April 7, 2010, previously published on March 24, 2010
On March 12, 2010, Kansas Governor Mark Parkinson signed into law a ban on smoking in all public buildings and any indoor place of employment. The smoking ban extends to a ten-foot radius outside building access points, such as doorways, open windows, and air intakes. There are only a few limited...


Adobe PDFFDA Moves to Limit Promotion of Tobacco Products, but Is It Legal?
Elinor A. Hiller, Peter M. Kazon, Marc J. Scheineson, Donald E. Segal, Julie K. Tibbets; Alston & Bird LLP;
Legal Alert/Article
March 31, 2010, previously published on March 22, 2010
In conjunction with the release of the revised 1996 regulations (modified per Congress’ directions in Section 102 of the Family Smoking Prevention and Tobacco Control Act), which take effect on June 22, 2010, on March 18, FDA released a series of documents designed to explain the rule,...


HTMLHemi Group Decision Will Reshape Cigarette Marketing Laws
Ashley L. Taylor; Troutman Sanders LLP;
Legal Alert/Article
February 8, 2010, previously published on January 29, 2010
A recent Supreme Court decision, Hemi Group v. New York City, will result in a dramatic reshaping of the laws governing the marketing of cigarettes. The Hemi Group, an internet seller of cigarettes, sells cigarettes online to residents of New York City. Neither State nor City law required...


HTMLSupreme Court Decides Hemi Group, LLC v. City of New York
Aaron D. Van Oort, Marie E. Williams; Faegre & Benson LLP;
Legal Alert/Article
February 3, 2010, previously published on January 25, 2010
On January 25, the Supreme Court decided Hemi Group, LLC v. City of New York, No. 08-969, holding that the City of New York could not state a claim under RICO against an out-of-state cigarette seller based on its failure to comply with the Jenkins Act's reporting requirements. No opinion commanded...


Adobe PDFSome Tobacco Control Act Advertising Limitations Held Unconstitutional
Richard J. Leighton; Keller and Heckman LLP;
Legal Alert/Article
January 27, 2010, previously published on January 8, 2010
Tobacco interests came away with a partial victory recently in their challenge to the constitutionality of the new Family Smoking Prevention and Tobacco Control Act.


HTMLFourth District Court of Appeal Upholds Two Denials of Class Certification: Addresses In Re Tobacco Cases and Acknowledges Differences in Damages Can Defeat Certification
Ruben D. Escalante; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 7, 2010, previously published on December 23, 2009
Two recent Fourth District Court of Appeal cases affirmed the denial of class certification. Kaldenbach v. Mutual of Omaha Life Insurance Co., 178 Cal.App.4th 830 (2009), was one of the first cases to address the California Supreme Court's decision in the In re Tobacco II Cases, 46 Cal. 4th 298...


HTMLUK: High Court Rules on Avoidance and Breach of Warranty Issues
Edwards Angell Palmer & Dodge LLP;
Legal Alert/Article
December 23, 2009, previously published on December 17, 2009
The claimant, AC Ward & Son Limited (AC Ward) was the owner of a warehouse in Essex, which was left unoccupied at weekends. AC Ward obtained insurance through its brokers, Henderson Insurance Brokers Limited (the Brokers) and the insurance was underwritten by Catlin (Five) Limited (the...


HTMLThe New FDA Guidance on the Listing of Ingredients in Tobacco Products
Diane Romza-Kutz; Troutman Sanders LLP;
Legal Alert/Article
December 18, 2009, previously published on December 14, 2009
The Federal Food and Drug Administration (“FDA”) recently posted a new Guidance for the tobacco industry, entitled Listing of Ingredients in Tobacco Products, (the “Guidance”) concerning the mandatory listing of ingredients with a rapidly approaching deadline of December 22,...


HTMLProfiles in Partnership: The Long View -- J.C. Newman Cigar Co. and Fowler White Boggs P.A.
E. Jackson Boggs; Fowler White Boggs P.A.;
Counsel to Counsel Article
December 14, 2009, previously published by LexisNexis® Martindale-Hubbell® Counsel to Counsel Magazine on November/December 2009
In an era when client relationships are often fleeting and contentious, there's a lot to learn from a true legacy partnership. Fowler White Boggs P.A. has provided service for J.C. Newman Cigar Co. for more than half a century.


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