The Federal Reserve Board recently announced the final rules that amend the gift card provisions of the Credit Card Accountability Responsibility and Disclosure Act of 2009 ("Card Act").
A quick guide to the Card Act: what credit card and gift card issuers need to know
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Circular beach towel's trademark is invalid (Kelley Drye & Warren LLP)
In the late 1980s, Clemens Franek sought and received trademark registration status for his "radical" round beach towel.
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Western District of New York upholds non-compete and grants TRO (Seyfarth Shaw LLP)
Plaintiff IDG USA, LLC (“IDG”), a Georgia company with its principal place of business in North Carolina, commenced an action against a former employee, Kevin J. Schupp (“Schupp”), a New York resident, alleging breaches of a Non-Compete Agreement, breach of a Confidentiality Agreement, unfair competition, and theft of trade secrets.
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Shutting down corporate pick-pockets (Gardere Wynne Sewell LLP)
A 10-year employee accounting manager systematically transfers amounts via ACH to her personal checking account.
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Employer wins “cat's paw” case (Foley & Lardner LLP)
On August 11, 2010, a federal court rejected a terminated employee's "cat's paw" argument.
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Massachusetts personnel records statute amended to require employers to notify employees when negative information is placed in personnel records (Goodwin Procter LLP)
Massachusetts recently enacted an economic development statute which contains an important amendment to the Massachusetts Personnel Records Statute, G.L. c. 149, § 52C.
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New rules on lenders repossessing dwelling houses (Mills & Reeve LLP)
Shortly before dissolution the last parliament passed the Mortgage Repossessions (Protection of Tenants etc) Act 2010.
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Tracing claim (Wragge & Co)
Where property is obtained by fraud, equity imposes a constructive trust on the recipient so that the property is recoverable and traceable in equity.
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Pre-action disclosure (Wragge & Co)
An applicant for pre-action disclosure must show that its potential claim is more than merely speculative for an application to succeed.
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Will Dodd-Frank mean the end of operating subsidiaries? (Patton Boggs LLP)
In 2007, the Supreme Court resolved, or so we thought, the dispute between the Office of the Comptroller of the Currency (and its regulated entities) on the one hand, and state regulators on the other, regarding preemption over state laws for operating subsidiaries of national banks.
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The Dodd-Frank Act: a look at the immediate impacts (Fredrikson & Byron PA)
The landscape of the financial services industry changed drastically on July 21, 2010, when President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act).
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In the courts (Arent Fox LLP)
On August 11, 2010, the US District of New York for the Northern District of New York (NDNY) became the second court in as many weeks to deny a request by Level 3 Communications to freeze litigation brought against it for failure to pay for operation of its broadband network over a plaintiff's property (see last week's This Week In Telecom for a summary of the Idaho case).
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Telecom privacy news (Arent Fox LLP)
A South Carolina court of appeals has held that a defendant's unauthorized access of e-mails on a Yahoo! account server violated the Stored Communications Act (SCA).
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Stimulus this week (Arent Fox LLP)
On August 18, 2010, Vice President Biden announced 94 grants for broadband projects under the Broadband Technology Opportunities Program (BTOP), administered by the National Telecommunications and Information Administration (NTIA).
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Legislative outlook (Arent Fox LLP)
The US House of Representatives and the US Senate are out of session.
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Federal Trade Commission (FTC) developments (Arent Fox LLP)
On August 19, the FTC and US Department of Justice (DOJ) jointly released final versions of the Horizontal Merger Guidelines that outline how the federal antitrust agencies evaluate the likely competitive impact of mergers.
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