Jun 26, 2017Supreme Court: Securities Acts Three-Year Time Limit is a Statute of Repose that Cannot be TolledOn June 26, 2017, in a 5–4 decision, the U.S. Supreme Court, in an opinion written for the majority by Justice Anthony Kennedy, ruled that the Securities Act of 1933’s three-year time limit for filing liability lawsuits is a statute of repose and therefore is not subject to equitable tolling…Simon Consultancy8 min readSimon Consultancy8 min read
Jun 26, 2017Can a seller contractually prohibit a customer from revoking his or her consent to receive…Can a seller contractually prohibit a customer from revoking his or her consent to receive autodialed and/or pre-recorded message calls under the Telephone Consumer Protection Act (TCPA)? According to the U.S. Court of Appeals for the Second Circuit, the answer is “yes.” On June 22, 2017, in Reyes v. Lincoln…Simon Consultancy3 min readSimon Consultancy3 min read
Jun 26, 2017Congress Faces Tough Questions on the Road to Governing Self-Driving CarsJay Leno — himself a consummate car guy — once quipped: “A new study published by The British Medical Journal found that inactivity can kill you. I mean, these are the kinds of findings that just scare the hell out of Congress.” Self-driving cars must also scare the hell out…Simon Consultancy7 min readSimon Consultancy7 min read
Jun 26, 2017First-of-its-Kind Verdict That Inaccessible Website Violates the ADAAs I have previously noted (more recently here), in recent months a small number of plaintiffs’ law firms have launched a host of lawsuits under the Americans with Disabilities Act (ADA) based on allegations of website inaccessibility. In light of a recent development, these lawsuits may become an even bigger…Simon Consultancy6 min readSimon Consultancy6 min read
Jun 22, 2017We have seen the scenario before — shortly after its debut, an IPO company releases unexpected…We have seen the scenario before — shortly after its debut, an IPO company releases unexpected results, the company’s share price declines, and the lawsuits appear. Usually when this happens, the updated results pertain to reporting periods following the IPO. But what about a situation where the disappointing results pertain…Simon Consultancy9 min readSimon Consultancy9 min read
Jun 22, 2017The U.S. Supreme Court ruled unanimously on June 19, 2017 that the Lanham Act’s disparagement…The U.S. Supreme Court ruled unanimously on June 19, 2017 that the Lanham Act’s disparagement clause prohibiting federal registration of “disparaging” trademarks unconstitutionally limits free speech in a case involving a band named “The Slants.” …Simon Consultancy3 min readSimon Consultancy3 min read
Jun 22, 2017Is Congress Finally Getting Serious About Curtailing Design Patents in the Auto Industry?In recent years, OEMs have been growing their design patent portfolios at a rapid pace. …Simon Consultancy5 min readSimon Consultancy5 min read
Jun 22, 2017How the Qatar Crisis Could Shape the Middle EastHow the Qatar Crisis Could Shape the Middle East published first on http://ift.tt/2kTPCwoSimon Consultancy1 min readSimon Consultancy1 min read
Jun 22, 2017The Insured vs.The Insured vs. Insured exclusion is a standard provision found in most D&O insurance policies. As its name implies, the exclusion precludes coverage for claims brought by one insured against another insured. The exclusion is a frequent source of coverage disputes, particularly in the bankruptcy context, due to frequent disagreements…Simon Consultancy10 min readSimon Consultancy10 min read
Jun 22, 2017The Rise and Fall of Uber’s Controversial CEOThe Rise and Fall of Uber’s Controversial CEO published first on http://ift.tt/2kTPCwoSimon Consultancy1 min readSimon Consultancy1 min read