Articles

04.20.18

PCI DSS and Card Brands: Standards, Compliance and Enforcement

The payment card industry and the major card brands have a set of data security requirements—PCI DSS—that are unregulated by government, yet every company worldwide that accepts, processes, stores or transmits credit card information must comply with and follow the card brands’ ...


04.19.18

Two Trials and Other Developments as RMBS Litigation Continues Unabated

Almost a decade has passed since the mortgage foreclosure crisis of 2007–08, but the litigation from the economic fallout of the crisis continues. As one court put it, the 2007 residential mortgage-backed securitizations (RMBS) “earthquake may have subsided, but its aftershocks ...


04.18.18

The Most Significant Music Licensing Bill in a Generation

Dubbed "the most significant licensing bill in a generation," the Music Modernization Act is the product of broad consensus adopted by both the music business and its historic combatants. The House Judiciary Committee approved the act last week, and the Senate is expected to introduce a ...


04.10.18

Interest on Escrow Funds? Yes, Even From National Banks, Says Ninth Circuit in ‘Lusnak’

In a shot across the bow for national banks, the U.S. Court of Appeals for the Ninth Circuit ruled that such banks may not avoid paying interest on funds held in California escrow accounts. The reason? The California law does not significantly interfere with or impede a national bank’s ...


04.03.18

A Class-ic Exception

"Trial court proceedings are like a black box into which each side throws facts, evidence and law, and what pops out is a judgment—a formal, enforceable decree declaring a winner. Human nature being what it is, the loser probably wants a second chance to fight again. And that loser, no ...


04.01.18

America’s Opioid Crisis

"The nation’s opioid epidemic claimed more than 42,000 lives in 2016, and experts fear it will get worse before it gets better. What can be done to combat this multifaceted threat to public health? This article looks at how the crisis began, reviews how four sectors have responded and ...


03.28.18

Constitutional Protection Against Temporary Takings

"It is probably time to say a few words about a pending petition for certiorari that is getting a lot of play in the popular, as well as legal, press. The case involves Martins Beach in Northern California. More particularly, it involves the question of ownership and control of access to that ...


03.23.18

Experiential Marketing at SXSW—Worth the Hype?

From Viceland’s baby goats to Warner Bros.’ Ready Player One activation to HBO’s real-life Westworld, SXSW goers enjoyed another year of buzzworthy and impressive film and TV marketing activations. Since its founding in 1987, SXSW has experienced tremendous growth in attendance, ...


03.22.18

NLRB’s Prior Joint Employer Standard Back in Effect

Why it mattersIn a blow to employers, the National Labor Relations Board (NLRB) vacated its decision in Hy-Brand Industrial Contractors, Ltd., where the majority had reversed the “joint employer” standard adopted in Browning-Ferris Industries of California, Inc. In 2015, the NLRB ...


03.07.18

A Letter to Songwriters on the Copyright Royalty Board

After a two year battle and tens of millions of dollars spent by the NMPA and the digital streaming services regarding setting new streaming mechanical rates, the Copyright Royalty Board recently posted its decision on streaming payouts to songwriters and publishers. Though the headline news is a ...