Articles

07.10.17

Bank Holding Company Execs Not Entitled to Insurance Coverage

By Ivan L. Kallick, Partner, BankruptcyIs a bank holding company that owns and operates banks the same entity both pre- and postbankruptcy filing for the purposes of pursuing directors and officers (D&O) insurance coverage? Yes, the U.S. Court of Appeals, Sixth Circuit, has ruled, finding that ...


07.07.17

FTC Updates COPPA Compliance Guidance

By Richard P. Lawson, Partner, Advertising, Marketing and MediaIn an effort to reflect developments in the marketplace, the Federal Trade Commission (FTC) announced revised compliance guidelines for the Children’s Online Privacy Protection Act (COPPA) and the agency’s COPPA ...


07.06.17

Now Is Not the Time for Democrats to Bail on Nancy Pelosi

U.S. Rep. Kathleen Rice (D-Garden City) has boldly called for Rep. Nancy Pelosi (D-San Francisco) to step down as House minority leader, tweeting, "It's time for Nancy Pelosi to go."   Rice was quoted in The New York Times on the GOP playbook of attacking Pelosi, "Is it ...


07.06.17

Reaching Customers Through Ringless Voicemail: A Legal Perspective

Ringless voicemail technology is a way for businesses to contact consumers without interrupting them on their mobile phones. Also known in the CRM industry as voice drops, v-drops and direct drops, this technology allows businesses to leave messages on a consumer’s voicemail box without ever ...


06.28.17

Spotlight on the False Claims Act June 2017

By John F. Libby, Partner | Jacqueline C. Wolff, Partner | Kenneth B. Julian, PartnerWhy it matters: On May 30, 2017, the Department of Justice announced that Medicare Advantage Organization (MAO) Freedom Health Inc. and nine of its related entities, as well as its former chief operating officer, ...


06.28.17

Nice Guys (Get to Keep Their Property After All)

"Nearly half-a-century ago, the California Supreme Court decided Gion v. City of Santa Cruz, 2 Cal. 3d. 29 (1970). In that case, the court expanded the concept of 'implied dedication' beyond the bounds that had previously contained it. After Gion, evidence that, for a period of ...


06.28.17

Q&A: D.C. Attorney General on Consumer Protection Efforts

State attorney general's offices have become increasingly active in enforcing consumer protection issues. I recently spoke to Karl Racine, Attorney General for the District of Columbia, on his office's priorities related to consumer protection. Following is a transcript of that ...


06.23.17

Is Your Private Property Really Public?

Developers typically provide POPOS because cities require them or in exchange for density bonuses or relaxation of municipal height and setback restrictions. Although the square footage of an individual POPOS may be small, their aggregate footprint can be quite large – at least 530 of these ...


06.22.17

OCC Offers Advice on Fintechs, Marketplace Lenders

By Brian S. Korn, Partner, Financial ServicesIn a new bulletin providing supplemental guidance on third-party relationships, the Office of the Comptroller of the Currency (OCC) answered frequently asked questions about the relationships between financial institutions and fintechs, among other ...


06.22.17

California Appellate Panel Affirms $6.8M Penalty Against Overstock

By Richard P. Lawson, Partner, Advertising, Marketing and MediaIn affirming a $6.8 million penalty against Overstock.com for deceptive pricing, a California appellate panel found that the amount was not excessive.District attorneys in eight counties filed suit in 2010, claiming that the Internet ...