ERISA plan could sue special needs trust 
Published: May 10, 2013
Tags: ERISA, reimbursement, special needs trust
An ERISA plan could sue a special needs trust in order to obtain reimbursement for medical costs borne on behalf of a plan beneficiary injured in an automobile accident, the en banc 5th U.S. Circuit Court of Appeals has ruled in reversing judgment.
Lawmakers renew bid to ban mandatory arbitration
Published: May 10, 2013
Tags: arbitration, Arbitration Fairness Act, consumer protection
Senator Al Franken, D-Minn., has reintroduced a bill that would prohibit the enforcement of mandatory arbitration clauses against employees and consumers.
Report: Patent pools may stifle competition
Published: May 10, 2013
Tags: antitrust, competition, Department of Justice, Federal Trade Commission, patent law, patent pools
WASHINGTON – Patent pools, designed to spur innovation and reduce the cost of litigation, may actually be having anticompetitive effects according to a report released by the former competition policy director for the Federal Trade Commission.
Land Sales Act disclosures required for condo deal
Published: May 9, 2013
Tags: condominiums, consumer protection, Interstate Land Sales Full Disclosure Act
A single-floor condominium unit in a multistory building was a “lot” subject to the disclosure and reporting requirements of the Interstate Land Sales Full Disclosure Act, the 2nd U.S. Circuit Court of Appeals has ruled in affirming judgment.
Yahoo! couldn’t enforce online forum selection clause
Published: May 8, 2013
Tags: contracts, e-mail, forum selection clause, Yahoo!
Yahoo! could not enforce an online forum selection clause accepted when a user opened an e-mail account, the Massachusetts Appeals Court has ruled in reversing a dismissal.
ESI expenses only partially recoverable as ‘costs’
Published: May 7, 2013
Tags: costs, Discovery, e-discovery, electronically stored information, ESI
A prevailing defendant in a business lawsuit could not recover the vast majority of its discovery expenses relating to the collection of electronically stored information, the 4th U.S. Circuit Court of Appeals has ruled in affirming judgment.
Banking lawyers uneasy about national loan data collection
By:
Sylvia Hsieh
Published: May 7, 2013
Tags: CFPB, Consumer Financial Protection Bureau, Federal Housing Finance Agency, Richard Cordray
Recent Senate hearings have sparked renewed debate over a national mortgage database that will hold information about millions of mortgage, credit card and auto loans, loan terms, borrowers’ credit profiles and financial information.
Contract enforceable despite party’s mental incapacity
Published: May 6, 2013
Tags: contracts, landlord-tenant, leases, mental incapacity
Tenants may enforce a lease agreement that their former landlord signed when she was mentally incapacitated, the en banc D.C. Court of Appeals has ruled.
IRS issues new guidance for green energy tax credits
Published: May 6, 2013
Tags: American Taxpayer Relief Act, green energy, renewable energy, tax credits, taxation
The Internal Revenue Service has issued new guidelines for determining when construction has begun on a renewable energy facility in order for a taxpayer to become eligible for certain tax credits created under last year’s American Taxpayer Relief Act.
Aflac could arbitrate death benefits dispute
Published: May 3, 2013
Tags: accidental death benefits, Aflac, arbitration, insurance
American Family Life Assurance Company (Aflac) could compel arbitration of state-law claims challenging the distribution of death benefits under an accident insurance policy, the 5th U.S. Circuit Court of Appeals has ruled in affirming a summary judgment.
