Tag Archives: Lewis Rice

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John M. Hessel Named 2020 “Lawyer of the Year” for Litigation – First Amendment

Lewis Rice is proud to announce that The Best Lawyers in America® has named Lewis Rice member John M. Hessel as “Lawyer of the Year” for Litigation – First Amendment for 2020 in the St. Louis metropolitan area. This is the seventh time in the past 10 years that John has received the “Lawyer of the Year” award. He previously received the “Lawyer of the Year” award for Municipal Law in 2011, 2013, 2015, and 2016 and for Litigation – First Amendment in 2014 and 2018. Best Lawyers has also included him in its annual list every year since 2009 for Commercial Litigation, Municipal Law, Litigation – Municipal, and Litigation – First Amendment.

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Privacy Regimes for Protecting Biometric Information

Enforcement of biometric privacy laws has been on the rise, starting with the Illinois case Rosenbach v. Six Flags (discussed in a January alert), which held that statutory non-compliance with the Illinois Biometric Information Privacy Act (BIPA) constitutes sufficient injury to permit suits for damages and injunctive relief. The acquisition of biometric information also is being scrutinized under the European Union’s (EU’s) General Data Protection Regulation (GDPR), with the Swedish Data Protection Authority recently issuing a $20,650 fine to a school that used biometric facial recognition technology to record attendance.

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City of St. Louis Considering Ordinance to Regulate Medical Marijuana

In response to the enactment of Amendment 2 to the Missouri Constitution, which allows marijuana to be used for medical purposes, the government of the City of St. Louis is considering an ordinance to regulate it. Board Bill No. 2, pertaining to the regulation of medical marijuana facilities in the City, was introduced on May 3, 2019 for a first reading before the Board of Aldermen. The proposed ordinance anticipates the August 3 deadline for the state to begin accepting license applications from medical marijuana facilities. Several other Missouri cities have passed medical marijuana ordinances, and many more cities might well follow.

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Remote Sellers Required to Register and Collect Use Tax in Illinois Beginning October 1, 2018

Retailers with physical presence in Illinois have long been required to register and collect Illinois sales and use tax. However, beginning October 1, 2018, use tax registration and collection will also be required for retailers who (1) make sales from locations outside Illinois to customers in Illinois; (2) do not have physical presence in Illinois; and (3) meet either of the following “Threshold Requirements”:

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U.S. Supreme Court Finds that Class Action Waivers in Employment Arbitration Agreements Are Enforceable

Following six years of uncertainty, employers now have assurance that class action waivers in arbitration agreements are enforceable and do not violate the National Labor Relations Act (NLRA). Since 2012, many employers who had entered into written agreements with employees to individually arbitrate employment disputes such as wage-hour claims, found certain courts disregarding such arbitration agreements and thereby allowing employees to bring class and collective actions regarding employee disputes. In a 5–4 decision, the U.S. Supreme Court in Epic Systems Corp. v. Lewis, Case No. 16-285, resolved this uncertainty, holding that the Federal Arbitration Act (FAA) encourages enforcement of arbitration agreements and that agreements to arbitrate disputes through individualized arbitration proceedings do not violate the NLRA. Employees who have entered into class action waivers with their employers can no longer use the NLRA as a basis to evade their agreement to individually arbitrate their employment disputes.

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Supreme Court Upholds IPR Constitutionality, Finds All Challenged Claims Must Be Reviewed

The United States Supreme Court issued its much-anticipated ruling today, April 24, 2018, in Oil States Energy Services, LLC v. Greene’s Energy Group, LLC that challenged the constitutionality of inter partes review (IPR) proceedings created by Congress in the 2011 America Invents Act (AIA), under which issued patents may be cancelled by the Patent Office without a trial in a District Court. In a 7-2 decision authored by Justice Thomas, the Supreme Court upheld the constitutionality of these procedures, with Justices Gorsuch and Roberts dissenting.

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Richard B. Walsh, Jr. Named 2018 “Lawyer of the Year” by Best Lawyers

September 05, 2017
Lewis Rice is proud to announce The Best Lawyers in America® named Richard B. Walsh, Jr. “Lawyer of the Year” for Litigation – Antitrust for 2018 in the St. Louis metropolitan area. Best Lawyers has included him in its annual list each year since 2008 for Commercial Litigation and Intellectual Property, in addition to Litigation – Antitrust. Rick previously received the “Lawyer of the Year” award for Litigation – Antitrust in 2016.

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EU-US Privacy Law Remains Unsettled after Article 29 Working Party Demands Changes to Proposed Privacy Shield Agreement

On April 13, 2016, the Article 29 Data Protection Working Party (Working Party) refused to endorse the proposed Privacy Shield agreement between the United States and European Commission (Commission) slated to replace, as early as this summer, the recently invalidated “Safe Harbor” agreement between the two powers. The Working Party cited a need for revisions and clarifications of several points in the proposal before it would bless the Privacy Shield, in part because “some key data protection principles as outlined in European law are not reflected in” the proposal.

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Unfair Competition without U.S. Competition? Yes.

Businesses marketing their products under one mark in the United States and a different mark in other countries may have a new weapon against American competitors.  Previously, it was understood that to stop competing use of a foreign mark in the United States, there must have been use of the foreign mark in the United States as well.  Now, a federal appeals court based in Virginia (the Fourth Circuit) has broadened the ability to stop competitor use of a foreign mark in the United States.   In the case Belmora LL v. Bayer Consumer Care AG, No. 15-1335 (4th Cir. 2016), the court held that section 43 of the Lanham Act does not require prior use of a trademark in the United States before suing for unfair competition in the United States.

The case involved the FLANAX mark used in connection with the sale of naproxen sodium tablets in Mexico, including communities bordering the United States, since 1976.  While the FLANAX mark was well known not only in Mexico but also by Mexican-Americans in the United States, the mark itself was never used on products sold in the United States.  In the United States, the same company (through its corporate affiliate) used the brand ALEVE to sell the same naproxen sodium tablets.  In 2004, a competitor began selling naproxen sodium tablets in the United States under the mark FLANAX, and with similar packaging to that used in Mexico by the competing company.  It suggested in its advertising that it was the same product that had been marketed in Mexico for decades.

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Amanda R. Anderson Rejoins Lewis Rice

Lewis Rice LLC is pleased to announce that Amanda R. Anderson has rejoined the St. Louis office in the Taxation Department. Mandy has experience in all aspects of tax planning for partnerships and LLCs, corporations, and real estate transactions. She counsels clients with issues concerning mergers and acquisitions, real estate projects, and complex partnership issues. Mandy also advises clients on a range of entity issues and assists with federal income tax treatment of pass-through entities.

In her corporate practice, Mandy represents corporations, nonprofits, financial institutions, and school districts in the areas of mergers and acquisitions, real estate, corporate finance, general corporate law, and corporate governance.

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