Articles

04.20.17

Nine Practices of Successful Public/Private Partnerships

Public/private partnerships—collaborations between the public and private sectors—are increasingly important vehicles to facilitate high-quality development and redevelopment and creation of public facilities and infrastructure.Though PPPs are not new, they are being used more widely in ...


04.20.17

Do Landlords Have the Right to Remove Residential Property From the Rental Market?

Multifamily housing is often treated as if it were a quasi-public resource, for example by rent control laws. The degree to which apartments should or shouldn’t be so treated was recently addressed by a California court in Coyne v. City and County of San Francisco, which considered the limits ...


04.13.17

Supreme Court Refuses to Hear Interchange Settlement Appeal

The U.S. Supreme Court denied a request to review the U.S. Court of Appeals for the Second Circuit's ruling overturning a $7.25 billion settlement agreement in a case brought by retailers against the card networks and banks, ending any question as to whether that agreement would survive court ...


04.13.17

Court Tosses CFPB Suit Against Payment Processor

A payment processor scored a victory against the Consumer Financial Protection Bureau (CFPB) when a North Dakota federal court dismissed the Bureau's lawsuit for failing to plead facts sufficient to support the conclusion that the processor engaged in unfair practices resulting in harm to ...


04.10.17

No Opt-Out? No Problem: D.C. Circuit Overturns the FCC's Solicited Fax Rule

In a major decision that will surely impact the healthcare industry, a split panel of the U.S. Court of Appeals for the District of Columbia Circuit invalidated the Federal Communication Commission's Solicited Fax Rule in Bais Yaakov of Spring Valley et al. v. FCC, 14-1234 (D.C. Cir. Mar. 31, ...


04.06.17

FTC Commissioners Testify on Combatting Fraud

Acting Federal Trade Commission Chair Maureen K. Ohlhausen and Commissioner Terrell McSweeny testified recently about the agency's efforts to combat fraud.Speaking before the Senate Committee on Commerce, Science, and Transportation's Subcommittee on Consumer Protection, Product Safety, and ...


04.05.17

New Ad-Friendly FCC Trumps Old, Rule By Rule

In a major victory for marketers everywhere, a split panel of the U.S. Court of Appeals for the District of Columbia Circuit invalidated the FCC’s Solicited Fax Rule. The FCC created the Solicited Fax Rule in a 2006 order, requiring that fax advertisements sent with a recipient’s prior ...


04.05.17

Schumer's Task Is Democratic Unity

Chuck Schumer was dealt a weak hand by the 2016 elections. He is the Senate minority leader, not the majority leader, as most thought might happen last fall. And now, he faces several obstacles in a high-stakes game of political pinochle.After Donald Trump's inauguration, Democrats were ...


03.31.17

Ninth Circuit Permits Internal Whistleblower to Sue

Why it mattersBroadening a circuit split, the U.S. Court of Appeals for the Ninth Circuit determined that a whistleblower was entitled to the protections of the Dodd-Frank Wall Street Reform and Consumer Protection Act despite failing to report his concerns about corporate actions to the Securities ...


03.31.17

FCRA Suit Against Amazon Moves Forward

A Fair Credit Reporting Act (FCRA) suit against Amazon can move forward in Florida federal court, a judge recently ruled. Donovan Hargrett accused the online retailer of violating the statute by failing to provide two separate forms for his job application and background check authorization at a ...