New Bills Being Served Up That May Soon Impact Food Retailers and Manufacturers
Lex Blog » Southern California Bankruptcy Law Blog
by Kristi Thomas and Julia Anderson
54m ago
California’s Legislature has been busy, proposing a number of bills that may affect California food retailers and manufacturers, should they be signed into law. Some could become effective as early as July 2024. Below are the highlights of some of these bills. AB 82 Dietary Supplements For Weight Loss and Over-The-Counter Diet Pills AB 82 would prohibit retail establishments from selling dietary supplements for weight loss and over-the-counter (OTC) diet pills to individuals under 18 years of age without a prescription. Retailers would also be required to post a notice stating that c ..read more
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NYPD Disqualification Appeals Attorney: Do I Need One?
Lex Blog » Southern California Bankruptcy Law Blog
by Kevin Sheerin
54m ago
– pre-employment evaluation – psychological disqualification – NYPD appeal – forensic assessment 90+ Google Reviews for The Law Firm of Kevin P. Sheerin NYPD Disqualification Appeals Attorney: Do I Need One? In this post we will explore the advantages of hiring an experienced attorney who specializes in NYPD disqualifications and discover how their expertise can elevate your appeal strategy. If you have received a NYPD psychological, medical or character/background disqualification, you should appeal. There are two factors that are crucial in your disqualification appeal.  The ..read more
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Salad kits recalled in Canada because tests show Salmonella contamination
Lex Blog » Southern California Bankruptcy Law Blog
by News Desk
54m ago
A Taylor Farms salad mix is under recall in Canada after government testing showed contamination with Salmonella. The “Mexican Style Street Corn Chopped (Salad) Kit” was sold in New Brunswick, Newfoundland and Labrador, Nova Scotia. Ontario, Prince Edward Island, Quebec and possibly other provinces and territories, according to the Canadian Food Inspection Agency. Taylor Fresh Canada Foods ULC is recalling the following product: Brand Product Size UPC Code Taylor Farms Mexican Style Street Corn Chopped (Salad) Kit 329 g 0 30223 06139 7 Best Before: 2024 FE 21 Anyone with the salad in t ..read more
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OIG Opines Physician Joint Ventures Could Violate Anti-Kickback Statute
Lex Blog » Southern California Bankruptcy Law Blog
by Kelly Shivery
54m ago
The Department of Health and Human Services Office of Inspector General (OIG) recently issued Advisory Opinions 23-05 and 23-06 determining that two proposed physician joint ventures could run afoul of the federal Anti-Kickback Statute. The OIG explained in detail why the proposed physician joint ventures may not qualify for safe harbor protection. In addition, they opined that proceeding with the proposed joint ventures could lead to False Claims Act violations. Safe-Harbor Protections and the Anti-Kickback Statute The federal Anti-Kickback Statute makes it a crime to knowingly and willfull ..read more
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Allegations of Domination, Without More, Insufficient to Support Veil Piercing Claims
Lex Blog » Southern California Bankruptcy Law Blog
by John Lundin
54m ago
On February 13, 2024, Justice Ruchelsman of the Kings County Commercial Division issued a decision in David v. Arbie Processing, LLC, 2024 NY Slip Op. 30476(U), holding that allegations of domination, without more, were insufficient to support veil piercing claims, explaining: Turning to the motion seeking to dismiss the individual defendants Ron and Elizbeth Borvinsky, to succeed on a request to pierce the corporate veil the plaintiff must demonstrate that (1) the owners exercised complete dominion ‘bf the corporation in respect to the transaction attacked; and (2) that such dominion was use ..read more
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Idaho Supreme Court Update: The Court’s original jurisdiction is limited, but the Legislature’s regulation of executive rulemaking is not
Lex Blog » Southern California Bankruptcy Law Blog
by Cory Carone
2h ago
On January 29, 2024, the Idaho Supreme Court issued an opinion in Idaho State Athletic Commission v. Office of the Administrative Rules Coordinator. In the decision, the Court held that it does not have original jurisdiction to decide declaratory actions and affirmed the Legislature’s power to pre-approve rules promulgated by executive agencies. The facts. In 2023, the Legislature adjourned sine die without approving the Idaho State Athletic Commission’s 2022 proposed rules. Because of the Idaho Administrative Procedure Act’s “legislative pre-approval process,” the Legislature’s failure to app ..read more
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Ninth Circuit Dismisses Website Framing Claim as Preempted by Copyright
Lex Blog » Southern California Bankruptcy Law Blog
by Zoe Kaiser
2h ago
The Ninth Circuit recently dismissed a putative class action by an online business over allegations that Google placed search results over the business’s website. While the district court had denied a motion to dismiss, the Ninth Circuit reversed, holding that copies of websites are not chattel that could support a trespass to chattel claim and that the Copyright Act preempted the remaining claims of unjust enrichment, implied in law contract, and unfair competition. In Best Carpet Values, Inc. v. Google, LLC, 90 F.4th 962, 966 (9th Cir. 2024), online business Best Carpet Values brought a rang ..read more
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Chancery Recites Fundamental Principles of Delaware Corporate Law
Lex Blog » Southern California Bankruptcy Law Blog
by Francis Pileggi
2h ago
In the context of explaining why certain challenges to a stockholders’ agreement were not barred by laches and were otherwise timely, the Delaware Court of Chancery recently recited several enduring fundamental principles of Delaware corporate law and corporate governance in the gem of a decision styled: West Palm Beach Firefighters’ Pension Fund v. Moelis & Company, C.A. No. 2023-0309-JTL (Del. Ch. Feb. 12, 2024). Key Takeaways: In support of its reasoning for rejecting arguments that challenges to a stockholders’ agreement were barred by laches and ripeness defenses, the Court of Chancer ..read more
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CPSC Chair Hoehn-Saric Addresses Annual Product Safety Conference  
Lex Blog » Southern California Bankruptcy Law Blog
by Cheryl A. Falvey, Matthew Cohen, Rebecca Baden Chaney, Rachel Raphael and Jessica Gilbert
2h ago
Greetings from Orlando, FL! The Crowell product safety team is currently attending the annual meeting and training symposium of the International Consumer Product Health and Safety Organization (ICPHSO). We just heard keynote remarks from the Chair of the U.S. Consumer Product Safety Commission (CPSC), Alexander Hoehn-Saric, and wish to share some highlights. As he did in October 2023 at the ICPHSO International Conference in Sweden, Chair Hoehn-Saric focused his remarks on addressing products sold on or through online marketplaces. Chair Hoehn-Saric first set the stage by sharing some importa ..read more
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United States Supreme Court Endorses Low Burden of Proof for Whistleblowers
Lex Blog » Southern California Bankruptcy Law Blog
by Melissa Hughes and Christopher Bosch
2h ago
In Murray v. UBS Securities, LLC, 601 U. S. ____, 2024 WL 478566 (2024), the United States Supreme Court (Sotomayor, J.) held that whistleblowers do not need to prove their employer acted with “retaliatory intent” to be protected under the Sarbanes-Oxley Act. Instead, all whistleblower plaintiffs need to prove is that their protected activity was a “contributing factor” in the employer’s unfavorable personnel action. The decision establishes a lower burden of proof for whistleblowers alleging retaliation and, conversely, reaffirms a greater burden on employers who must demonstrate th ..read more
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