Catagory:Uncategorized

1
“Take Me Out to the Ballgame?” Asked the Inspector: Saying “Yes” May Now Be a Federal Crime
2
The New Jersey Truth-In-Consumer Contract Warranty and Notice Act: What You Need to Know About “TCCWNA” and the Rise in Consumer Class Actions
3
Not Starry-Eyed: Massachusetts Imposes Rigorous Standard on Fair Housing Disparate Impact Claims in Burbank Apartments
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Heard at the 2016 SIFMA Conference
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PREPAID ACCESS GARNERS REGULATORY ATTENTION
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General Counsel Rank K&L Gates Among Top 10 Law Firms for Client Service for Second Straight Year
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K&L Gates Ties for Most National First-Tier Rankings in Latest U.S. News “Best Law Firms” Survey
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Webinar: Is Your Institution Ready for Federal Scrutiny of Diversity Practices?

“Take Me Out to the Ballgame?” Asked the Inspector: Saying “Yes” May Now Be a Federal Crime

By Barry M. Hartman, Michael D. Ricciuti, Jasmine S. McGhee, Brian J. Smith

Imagine this hypothetical: A local fire marshal says to Mary Jones, who runs the residence halls at a major university, “It must be nice having seats at the Saturday football games.” Mary gets the message and thinks that if she agrees to offer the fire marshal tickets, he will be less likely to “nitpick” during his inspections of the residence halls. Could the government claim that this is a bribe by Mary within the meaning of the Hobbs Act’s proscription against “extortion” by public officials?

On May 2, in Ocasio v. United States, the U.S. Supreme Court broadened the reach of federal corruption law to cover private individuals who are involved in extortion conspiracies with government officials and held that anyone — even the bribe payor — who has conspired to engage in extortion can be charged for violation of the Hobbs Act, the federal statute that federal prosecutors use to indict state officials who solicit and take bribes, and can be convicted of conspiracy. In doing so, the Supreme Court has given federal prosecutors a new, and potent, weapon.

To read the full alert, click here.

The New Jersey Truth-In-Consumer Contract Warranty and Notice Act: What You Need to Know About “TCCWNA” and the Rise in Consumer Class Actions

By Loly Garcia Tor, Patrick J. Perrone

Businesses with consumer products should be aware of the rise in class action filings based on the New Jersey Truth-In-Consumer Contract Warranty and Notice Act (“TCCWNA”). Although the statute has been in place since 1981, it was relatively dormant for decades and only recently became a favorite of plaintiffs’ attorneys. In the past five months, more than a dozen putative class actions have been filed based on alleged TCCWNA violations in the District of New Jersey alone. [1] This alert provides an overview of key points of which businesses should be aware.

To read the full alert, click here.

Not Starry-Eyed: Massachusetts Imposes Rigorous Standard on Fair Housing Disparate Impact Claims in Burbank Apartments

By Andrew C. Glass, Paul F. Hancock, Olivia Kelman and Joshua Butera

The Massachusetts Supreme Judicial Court (“SJC”) recently answered the question of whether the Massachusetts anti-discrimination statute Chapter 151B recognizes a disparate impact theory of discrimination. In Burbank Apartments Tenant Association v. Kargman, the SJC held that Chapter 151B recognizes such a theory. In doing so, however, the SJC adopted the framework from the U.S. Supreme Court’s decision in Texas Department of Housing & Community Affairs v. The Inclusive Communities Project, Inc., and held that in pleading a disparate impact claim under Chapter 151B, a plaintiff must satisfy a rigorous burden. Because the Burbank Apartments plaintiffs failed to meet the rigorous burden, the SJC affirmed the dismissal of their claims.

To read the full alert, click here.

Heard at the 2016 SIFMA Conference

By Stephen G. Topetzes, Jon Eisenberg, Stavroula E. Lambrakopoulos, Shanda N. Hastings, Erin Ardale Koeppel, Nicole A. Baker, Andrew Edwin Porter and Ted Kornobis

Recently, attorneys from K&L Gates’ Government Enforcement practice group attended the Securities Industry and Financial Markets Association’s (“SIFMA”) Compliance and Legal Society Annual Seminar. We wanted to share with you a summary of the highlights of what we “heard at the SIFMA conference” from various regulators about key enforcement issues.

To read the full alert, click here.

PREPAID ACCESS GARNERS REGULATORY ATTENTION

By: Sean P. Mahoney

Bank regulators are paying more attention to the role of banks in the prepaid card industry as evidenced by their new guidance on the applicability of know your customer requirements and proposed regulations on record-keeping with respect to master deposit accounts for prepaid cards and other products utilizing “pass-through” deposit insurance.

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General Counsel Rank K&L Gates Among Top 10 Law Firms for Client Service for Second Straight Year

For a second consecutive year, global law firm K&L Gates LLP has been identified by general counsel as one of the top 10 law firms for client service excellence, according to the “2016 BTI Client Service 30” released today. K&L Gates is one of only six firms to rank in the top 10 for client service in each of the last two years.

To read the firm’s News Advisory, please click here.

K&L Gates Ties for Most National First-Tier Rankings in Latest U.S. News “Best Law Firms” Survey

Continuing its historically strong showing in the annual ranking, global law firm K&L Gates LLP is one of two firms to have earned 45 National first-tier rankings — the highest number of National first-tier rankings among more than 12,700 firms — in the 2016 edition of the U.S. News-Best Lawyers “Best Law Firms” survey, released today.

In total, K&L Gates earned nearly 190 first-tier rankings, including top honors in one or more practices in 19 different state and metropolitan areas, placing K&L Gates among the top three law firms in overall first-tier rankings each year since the survey’s 2010 inception. K&L Gates also was honored for a third consecutive year as the “Law Firm of the Year” in the Securities Regulation category.

To read the firm’s News Advisory, please click here.

Webinar: Is Your Institution Ready for Federal Scrutiny of Diversity Practices?

Section 342 of the Dodd-Frank Act – which established additional federal oversight over the diversity policies and practices at financial services institutions – has become a reality for regulated institutions with the release on June 9th of an interagency policy statement establishing the final standards. The standards impact a broad swathe of business activity and focus on self-assessment and voluntary disclosure of diversity practices. What do legal, compliance and risk management leaders at regulated financial services institutions need to do to comply?

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