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Advertising and Food and Drug Law Report: Consent Orders Provoke Debate Over FTC and FDA Substantiation Standards

The advertising community is paying considerable attention to four recent Federal Trade Commission consent orders relating to health claims. For some of those claims, the orders impose a novel requirement under which the U.S. Food and Drug Administration would have to approve the claim for use in labeling...

Telecom Business Alert -- Vol. VIII Issue 1

Telecom Predictions for 2011 Per our annual tradition, the attorneys of Keller and Heckman offer the following predictions for what is sure to be a busy 2011 in the world of telecommunications. To see how we fared on our 2010 predictions, click he re . "Like last year, the FCC's...

Employer Compliance Guidance for Whistleblower Provisions Under New Food Safety Modernization Act

As previously reported by Keller and Heckman LLP, President Obama signed the Food Safety Modernization Act (FSMA) into law on January 4, 2011. While most of the provisions regarding stricter food safety standards will not be effective until 2012, FSMA Section 402, which provides sweeping protections...

Employer Compliance Guidance for Whistleblower Provisions Under New Food Safety Modernization Act

As previously reported by Keller and Heckman LLP, President Obama signed the Food Safety Modernization Act (FSMA) into law on January 4, 2011. While most of the provisions regarding stricter food safety standards will not be effective until 2012, FSMA Section 402, which provides sweeping protections...

Partner Tom Magee Summarizes Recent Ex Parte Presentation at the FCC in the Pole Attachment Proceeding in this Week's K&H Telecom Minute Video

In the second of a series of brief videos discussing a telecommunications issue of interest to clients and friends of Keller and Heckman LLP, Partner Tom Magee summarizes a recent ex parte presentation at the FCC in the Pole Attachment proceeding. Tom moderated the two and a half hour presentation by...

Jan. 31: Notification Deadline under TSCA Polymer Exemption

An important deadline approaches for companies that manufacture or import polymers under the Toxic Substances Control Act (TSCA) polymer exemption. [1] A one-time notification required under the polymer exemption must be postmarked by January 31 of this year for polymers first manufactured or imported...

Private Advertising Litigation (PAL) Recent Developments v. 34

The American Bar Association's Private Advertising Litigation Committee (PAL) has published a summary of recent advertising law decisions and filings. Associate Hesham Sharawy contributed to the "PAL Recent Litigation Developments" report. The PAL Update 34 is available for download below...

Telecom Business Alert -- Vol. VIII Issue 4

DOE General Counsel: Any Vacated Federal Spectrum Will Likely Not Be Made Available to Utilities At an Federal Communications Bar Association meeting last week, Department of Energy General Counsel Scott Harris summarily dismissed the possibility that utilities might secure a dedicated spectrum...

Keller and Heckman Telecom Business Alert -- Vol. VIII Issue 5

FCC Order and Rulemaking on Public Safety May Present Spectrum Options for CIIs On January 26, 2011, the FCC released a Report and Order and Notice of Proposed Rulemaking (NPRM) concerning public safety operations in the 700 MHz band, but non-public safety entities should note the NPRM asks about...

Keller and Heckman Whistleblower Alert: Internal Safety Complaints Are Protected Activity under Surface Transportation Assistance Act

The Administrative Review Board (ARB), under the substantial evidence standard, has upheld the ruling of an Administrative Law Judge (ALJ) that Domino's Pizza violated the whistleblower provisions of the Surface Transportation Assistance Act when it terminated a commercial truck driver after he made...

Keller and Heckman Telecom Business Alert -- Vol. VIII Issue 7: FCC Enforcement, 700 MHz D-Block, Pole Attachment, FCC Licensing

Cricket Enforcement Action Suggests Zero-Tolerance Policies at FCC Honesty may be the best policy, but recently it has done transgressors no favors at the FCC's Enforcement Bureau. Cricket Communications found that out the hard way when the FCC recently determined that Cricket was apparently liable...

Keller & Heckman LLP Alert: U.S. Supreme Court Issued Decision Today In Staub v. Proctor Hospital Case

Washington, DC, March 1, 2011 - The U.S. Supreme Court issued a decision today in Staub v. Proctor Hospital . This case involved the cat's paw doctrine. Manesh K. Rath, a partner at Keller and Heckman LLP, was the lead author of a brief filed as amicus curiae in this case. Mr. Rath served as counsel...

Telecom Business Alert -- Vol. VIII Issue 10: Antenna Tower Lights, Broadband Map, Pole Attachments

Budget Stopgap Keeps FCC Open, But Shutdown Could Mean Serious Delays While the narrowbanding initiative has already slowed application processing times at the FCC , another challenge looms on the horizon. The federal budget remains a topic of serious contention on Capitol Hill, and failure to...

Canada Proposes Anti-Spam Regulations

View Media Canada's Department of Industry ("Industry Canada") and the Canadian Radio-Television and Telecommunications Commission ("CRTTC") have proposed draft regulations to implement Canada's Anti-SPAM legislation, Bill C-28 - the Fighting Internet and Wireless Spam...

RoHS Recast Final and Official; Implementation Dates Abound

View Media The Official Journal of the European Union has published Directive 2011/65/EU on the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (recast RoHS), following the European Council's formal adoption of the version we reported on earlier...

United States Imposes Broad New Sanctions against Syria

View Media In response to the escalating violence in Syria, President Obama issued today an Executive Order imposing broad new sanctions that could significantly disrupt business that was permissible under preexisting U.S. sanctions. This action follows a U.N. Security Council condemnation...

Free Download: Keller & HeckmanTelecom Business Alert - Vol. VIII Issue 37

No Action on D-Block Despite September 11 th Anniversary The 10 th anniversary of the September 11, 2001 terrorist attacks has passed without legislation providing spectrum and funding for a national broadband public-safety network. Last week, the House Homeland Security Committee held a hearing examining...

U.S. Proposes New Authorization for ITAR Exports to Australia, Canada and the UK

View Media The U.S. State Department's Directorate of Defense Trade Controls ("DDTC") has proposed new rules that would authorize exports to Australia, Canada and the UK of items controlled by the International Traffic in Arms Regulations ("ITAR"). The new Australia and...

Keller and Heckman LLP Telecom Business Alert - Vol. IX Issue 4: Pole Attachment Order Challenged

Coalition of Concerned Utilities Challenges Pole Attachment Order in Court While its Petition for Reconsideration of the FCC's make-ready rulings remains pending at the Commission, last week the Coalition of Concerned Utilities (Consumers Energy, Detroit Edison, FirstEnergy, Hawaiian Electric, NSTAR...

Keller and Heckman LLP Telecom Business Alert -- Vol. IX Issue 5: FCC Tower Rule Published

FCC's Tower Rule Published in Federal Register Last week, the FCC's Final Rule implementing a notification process for new towers was published in the Federal Register . The Final Rule will become effective when the FCC publishes an additional notice in the Federal Register, which is expected...

Keller and Heckman LLP Telecom Business Alert -- Vol. IX Issue 9

Spectrum Legislation Provides for Shared Access to 700 MHz Band The Payroll Tax Cut passed by Congress and signed by President Obama last week ( Vol. IX Issue 8 ) includes spectrum provisions permitting the use of the 700 MHz public safety spectrum for non-public safety services on a secondary basis...

Keller and Heckman Telecom Business Alert -- Vol. IX Issue 10

LightSquared Gets More Time to Rebut NTIA Interference Report Last week, the Commission granted LightSquared's request for extension of time to file comments in response to a Public Notice issued by the FCC on February 15 th seeking comment on a letter filed by the National Telecommunications...

Keller and Heckman LLP: FDCA and FDA REGS Preempt Lanham Act; Cal. Ad Law Clarified

The Ninth Circuit today [May 17] issued its long-awaited opinion in Pom Wonderful LLC v. The Coca Cola Co [ enhanced version available to lexis.com subscribers ].* BACKGROUND Pom marketed a pomegranate-blueberry juice blend. Coca Cola marketed a juice blend named and labeled as "Pomegranate...