May 2015

The Small Business Administration’s (“SBA”) Office of Hearings and Appeals (“OHA”) recently issued a decision exemplifying the well-known reality that protest deadlines are short and unforgiving. In Size Appeal of Supplies Now, Inc., SBA No. SIZ-5655 (Apr. 30, 2015), OHA denied, as untimely, an appeal of an SBA Area Office decision. The appellant, Supplies…

Yesterday, the U.S. Supreme Court granted certiorari and agreed to consider Campbell-Ewald Company v. Gomez, in which the U.S. Court of Appeals for the Ninth Circuit held that a consumer’s failure to accept an advertiser’s settlement offer that would fully satisfy the consumer’s claim did not render moot either the consumer’s individual claim under the…

Almost all of the more than 3,000 bilateral investment treaties (BITs) in existence offer foreign investors the protection of “fair and equitable treatment” under international law.  India’s new draft model BIT does not.  In place of the well-established standard of protection, which has been interpreted and applied in hundreds of prior investment arbitrations, the model…

A federal judge in the Northern District of California recently certified his denial of AT&T’s Motion to Dismiss the Federal Trade Commission’s (FTC’s) complaint alleging that AT&T misled consumers by limiting its “unlimited” data plan for mobile customers. This means that AT&T will now be able to appeal that decision to the Ninth Circuit.…

Both chambers are in session this week with the Memorial Day recess period staring them in the face.  But there will be a great deal of work to get done before senators and representatives can head home.

The Senate returns on Monday to resume consideration of the Trade Promotion Authority (TPA) bill.  Last week, despite…

On Tuesday morning, weeks of violent protests in the East African nation of Burundi ratcheted up considerably when Major General Godefroid Niyombare attempted to overthrow President Pierre Nkurunziza.  At the time of the announcement, President Nkurunziza was in Tanzania attending a Heads of State Emergency Summit that the East African Community (EAC) had convened to…