The FCC recently released a Notice of Apparent Liability (“NAL”) for a forfeiture of $ 8,000 that should be a cautionary tale for other broadcast licensees that conduct contests for listeners or viewers. This fine arose out of the station’s failure to conduct a contest in accordance with its announced terms, and specifically to make payment of a prize by the deadline which the station had established for itself. The FCC found that this failure was a violation of its … Read the rest
As we begin the new year, the aviation industry is closely following certain Department of Transportation (DOT) Notices of Proposed Rulemakings (NPRM) published in 2022. These proposed rulemakings relate to consumer protections, including ancillary fees and airline ticket refunds. In contrast to the NPRM relating to ancillary fees, the NPRM relating to ticket refunds arguably codifies existing DOT enforcement practices.
Ancillary fees
In this alert, we focus on the NPRM relating to ancillary fees, a term used to describe charges … Read the rest
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In an 8-1 opinion on Thursday, the justices provided a new definition to the limits on the right to strike under federal labor law. At issue in Glacier Northwest v. International Brotherhood of Teamsters, Local Union 174was whether an employer could sue its employees’ union under state law for damage the employer incurred as a result of the union’s strike. The case produced a surprisingly broad majority agreeing that the strike at issue was not even arguably protected … Read the rest
Fund structures are gaining popularity among wealthy individuals in India as optimum structures to help with wealth planning, investments, and tax management. Family offices are viewing GIFT City, India’s first international financial services centre (“IFSC”), for the purpose of facilitating global investments in a structured manner.
The IFSC funds regime envisages a ‘Family Investment Fund’ (“FIF”) as a self-managed fund set up in the IFSC for pooling money from a ‘single family’. FIFs can be set … Read the rest
The USDA’s Food Safety and Inspection Service are seeking public comments on proposed rules and notices, which are viewable on the FSIS Federal Register & Rulemaking webpage.
Of note is that FSIS extended the written comment period on the proposed Salmonella framework to Dec. 16, 2022. Written comments should be submitted through Regulations.gov. Visit the FSIS website to view the Federal Register notice and details on how to comment.
FSIS is currently seeking comments on the following:
- Until December 16: Proposed Framework for Controlling Salmonella
By: Louann Fang Richard, Brent L. Bernell, Andrew D. Ledbetter, Eric Forni, Rita M. Patel, Keith Ranta, Bryan Card
The Securities and Exchange Commission (SEC) has approved, by a 3-2 vote, final rules that require publicly traded companies to adopt policies regarding recovery of erroneously awarded incentive-based compensation, or “clawback” policies. The SEC initially proposed clawback rules in July 2015, but the rules have been pending finalization until the SEC reopened the comment period in October 2021 and again in … Read the rest
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The Supreme Court on Monday clarified the meaning of “mistake” in the federal procedural rule that allows litigants to seek relief from erroneous final judgments. In an 8-1 opinion in Kemp v. United States, the court ruled that “all mistakes of law made by a judge” constitute “mistakes” under Federal Rule of Civil Procedure 60(b)(1).
The case involved the various subsections of Rule 60(b), which establishes different deadlines for motions designed to correct various errors that courts … Read the rest
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In a series of decisions, the Supreme Court has insisted that the Federal Arbitration Act requires courts to put arbitration contracts on “equal footing” with other kinds of contracts. These decisions have often favored companies seeking to enforce arbitration agreements, rejecting rules that give employees or consumers a way out from contract clauses requiring them to arbitrate their disputes on an individual basis. But Monday’s unanimous decision in Morgan v. Sundance clarifies that the equal-footing rule works both ways. … Read the rest