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FAA Drone Registration Rule Deemed Unlawful As It Applies to Hobbyists Operating Under Section 336

…, follow a community-based set of safety guidelines, fly within visual line-of-sight, not interfere with and give way to manned aircraft, and provide prior notification when flying within 5 miles of an airport. As long as they do so, owners now will no longer need to register with the FAA. Alternatively, a recreational drone operator may comply with the FAA’s Small UAS Rule (Part 107), instead of Section 336. In that case, the operator is required…
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…not engaged in rendering legal or other professional services by posting said material. The services of a competent professional should be sought if legal or other specific expert assistance is required. Any unauthorized use of material contained herein is at the user’s own risk. Transmission of the information and material herein is not intended to create, and receipt does not constitute, an agreement to create an attorney-client relationship wi…
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| Client Bulletins
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Cybersecurity: Practical Tips to Mitigate the Risk of a Breach

…nse plan; Testing your company’s response plan and defenses; and Keeping up-to-date on cybersecurity threats and defenses to enhance your company’s preparedness. The first step in cybersecurity preparedness is to assemble the appropriate team to assess your company’s cybersecurity risk mitigation strategy and defenses. If your company does not have a Chief Information Security Officer (CISO), it should consider appointing one. The CISO should be r…
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MMSEA Section 111 Threshold Dollar Exemption Decreases April 1, 2012

…the Centers for Medicare and Medicaid Services (“CMS”) payments made in resolution of claims relating to an illness, injury or accident if the claimant receives Medicare benefits. These reporting requirements are now effective and the first quarter of Section 111 reporting is nearly complete. During the first quarter of reporting (January 1, 2012 to March 31, 2012), payments of $100,000 or less are exempt from the Section 111 mandatory reporting…
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| News & Events

Allison Surcouf Presents Online Market Briefing on Best Practices Under U.S. Medicare Laws

Allison Surcouf presented an online market briefing hosted by the International Underwriting Association (IUA) and the Lloyd’s Market Association (LMA) discussing best practices under the U.S. Medicare laws to ensure that the obligations of insurers, their clients and their attorneys are satisfied. The briefing also addressed recent developments in the Section 111 Medicare reporting rulemaking process. A recording of the briefing, held on June 3,…
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U.S. Court Dismisses Litigation Arising Out of Malaysia Flight MH370 on FNC Grounds

…urt suggested that such liability-related evidence might include “satellite-communication evidence located in the United Kingdom, debris evidence in France and Australia, and search records that are also located in Australia,” as well as countless “personnel files, airline maintenance records, manuals, air traffic control recordings, video recordings, cargo records, and bank records” located in Malaysia. The court was unpersuaded by plaintiffs’ su…
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Department of Transportation Issues New Rules Governing Refunds and Fee Disclosures

…alternative was offered. Notably, Congress has proposed language to be contained in the forthcoming Federal Aviation Administration Reauthorization Act that would revert the timing of the issuance of a refund back to that required in the previous rule, i.e. the timing of the refund would again be based on the date the consumer requested the refund. The new DOT rule will now cover air carriers operating aircraft of any size and will apply to all ti…
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Recent Revisions to U.S. Regulations Concerning Oversales, Domestic Baggage Liability Limits, and Mistaken Fares

…mburse purchases of the fare for all reasonable, actual, and verifiable out-of-pocket expenditures incurred in reliance on the purchase, such as non-refundable hotel reservations or tour packages, or cancellation fees. A carrier may ask the consumer for proof of payment for these expenditures.7 This policy will remain in effect until the DOT issues its final rule regarding mistaken fares. 1 4 C.F.R. § 250(a-b). 2 14 C.F.R. § 250(e). 3 14 C.F.R. §…
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Early Judicial Interpretation of Amended Rule 37(e) Follows the Spirit of the Amendment While Staking Out a Claim to the Court’s Inherent Authority

…ing of their use of the SLAMXHYPE mark. In discovery plaintiffs produced email communications to and from defendants’ employees which appeared to establish defendants’ awareness of the SLAMXHYPE mark prior to the adoption of their own. However, as the case progressed, alternate versions of the subject emails surfaced and forensic examination by defendants’ expert suggested that plaintiffs intentionally altered the emails to include reference to th…
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ECJ Further Narrows When Technical Problems Qualify as EC 261 “Extraordinary Circumstances”

…on-EU country is available so long as the passengers have not “actually obtained” compensation in the non-EU country. Whereas, in the Spanish, French, and Romanian versions, EC 261 can be interpreted to exclude passengers traveling from jurisdictions where compensation is “available” to them, “regardless of whether or not [they] actually received them.” Although the ECJ refrained from declaring which translation is correct, the court stated that t…
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