September 23, 2018

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September 20, 2018

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FEATURED ARTICLES

Factors to Consider with Cybersecurity Insurance
While procuring cyber insurance is an increasingly important business decision, choosing cyber insurance is not a simple process of merely... Read More >
Future of ATDS on TCPA under Marks
It has been an interesting time in TCPAland since ACA Int’l was decided in March. We’ve seen a number of decisions going... Read More >
China Trade War Tarifffs
It is mid-September, months into the United States’ trade dispute with China, and there is no end in sight to the dispute.  There are... Read More >
Visa Mastercard Merchant Fees Antitrust Settlement
Visa, Inc., Mastercard, Inc., and other financial institutions have agreed to pay merchants between $5.56 billion and $6.26 billion to settle a 13-... Read More >
There were no lazy days of summer to be had in 2018—at least not when it came to the introduction of new immigration policies by the Trump... Read More >
Medical Marijuana Banking Finance
As of September 2018, nine states, including the District of Columbia, allow adult-use (recreational) marijuana and thirty-one states have adopted... Read More >
GDPR Data Protection Litigation
The European Union’s widely anticipated General Data Protection Regulation (GDPR) went into effect on May 25, 2018. Designed to provide EU... Read More >
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immigration gavel, H-4 EAD
The uncertainty regarding the rescission of the H-4 Employment Authorization Document (EAD) Rule... Read More >
hospital, boston med, patient privacy
On September 20, the Department of Health and Human Services Office for Civil Rights (OCR)... Read More >
sec logo, stock exchange
On September 19, Commissioner Robert J. Jackson, Jr. of the Securities and Exchange Commission gave... Read More >
china and usa fists, trade issues, ustr
Encore Wire Corporation and Southwire Company, LLC (“Petitioners”), on September 21, 2018, filed... Read More >

Federal Court News

bankruptcy, fcra, wisconsin

Who is the real holder of a FCRA claim brought by a Chapter 7 debtor?  That’s the question that confronted the Eastern District of Wisconsin recently in Kitchner v. Fiergola, 2018 WL 4473359 (E.D. Wis. Sept. 18, 2018...

phone, atds, tcpa, ninth circuit

A unanimous three-judge panel of the U.S. Court of Appeals for the Ninth Circuit on Thursday handed the plaintiffs’ bar a resounding win. The panel held that the Telephone Consumer Protection Act’s (TCPA) statutory definition...

ATDS definition expansion and violation of tcpa, ninth circuit

The very first clause in the TCPA is the definition of an Automatic Telephone Dialing System, which the statute defines as “equipment which has the capacity—(A) to store or produce telephone numbers to be called, using a random...

Illegal dumping CERCLA violation

The Ninth Circuit Court of Appeals in Pakootas v. Teck Cominco Metals, Ltd., affirmed the Eastern District of Washington’s decision to find Teck liable for more than $8.25 million in damages to the Colville...

insurers held liable in computer fraud claims

Policy holders alleging that computer fraud provisions of their insurance policies extended to fraud that stemmed from an intercepted email and a spoofing attack notched wins before two separate appellate courts recently. The...

State Court News

California Student Loans

California Governor Jerry Brown has signed into law Assembly Bill 38, which significantly modifies...

EIT tax rates in Pennsylvania and payroll taxes following tax law amendment.

The payment and withholding of earned income taxes (“EIT taxes”) in the Commonwealth of Pennsylvania at times seems like a complex maze and is challenging for human resource professionals or a company’s payroll tax team. In May of 2018,...

Joint stock definition and how California penalizes businesses in the state

Occasionally, I have devoted space to the topic of unincorporated associations.  See Thinking About...

INTERNATIONAL LAW NEWS

eu parliament, agri, econ, eu

Summary

Next week will be a political group week and a committee week in the European Parliament. Members of the European Parliament (“MEPs”) will hold meetings with their respective political party to...

UK treasury committee seeks to make changes to crypto-asset regulations

On September 19, the UK’s House of Commons Treasury Committee (Treasury Committee) published a report on its inquiry into crypto-assets, launched in February 2018. The report is an update of what was provided on its website in...