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Supreme Court Rewrites the Rules for Individual Campaign Contributions: McCutcheon v. Federal Election Commission

On April 2, 2014, the Supreme Court of the United States rendered the McCutcheon decision, addressing the facial validity of Section 203 of the Bipartisan Campaign Reform Act of 2002 (the “BCRA”). This case involved a...more

Supreme Court Holds That Arbitrators, Not Courts, Are To Interpret A Treaty’s Arbitration Prerequisite

The United States Supreme Court has held that arbitrators, not courts, bear the primary responsibility for interpreting and applying a local litigation requirement of an investment treaty between the United Kingdom and...more

Charter Cities Challenge Legislation Restricting Access to State Funding Based on Compliance with Prevailing Wage Law

Cities Sue State Calling SB 7 an Unconstitutional Restriction on Municipal Affairs - Several California charter cities challenged the constitutionality of Senate Bill 7 (SB 7) last week by filing a writ of mandate and...more

Labor And Employment Law 2013: A Year-End Review

I. New Laws and Regulations - A. Federal - Following U.S. Supreme Court Decision, Federal Agencies Extend Definition of “Spouse” to Persons in Same-Sex Marriages. In United States v. Windsor, 133 S. Ct. 2675...more

Controversial Baltimore City Local Hiring Ordinance is Enacted

A controversial new law is set to take effect soon. Legislation was introduced in the Baltimore City Council that requires employers benefitted by city contracts and subsidies to take measures to hire Baltimore City...more

Asserting a Tribal Sovereign Immunity Defense, Even Where the Tribe has Contractually Waived its Immunity

The doctrine of sovereign immunity acts as a powerful protection for any sovereign entity. By prohibiting the courts from adjudicating whether or not the sovereign party breached a contract, committed a tort, or otherwise...more

Recent Appellate Court Opinion Discusses Legal Challenges To The Debarment Of Contractors By Public Bodies

Public bodies must adhere to the principles of procedural due process when debarring a contractor from bidding on its projects. But even when a public body provides due process, it may be subject to litigation....more

Construction E-Note - October 2, 2013

In This Issue: - Burr Appellate Victory Featured in Constructor Magazine - Fifth Circuit Expected to Soon Rule on Constitutionality of Mississippi’s Stop Notice Statute - No Choice in the Matter - Government...more

Litigator turned terrorist leads shutdown of US government

What do you call it when an armed gunman puts a gun to the head of an airline pilot and says “take this plane where I want or everyone will die?” What do you call it when a foreign government stores its weapons arsenals next...more

Federal Circuit Affirms Court of Federal Claims Has Jurisdiction Over “Contract-Based” Misappropriation of Trade Secrets

In United States Marine, Inc. v. United States, the Federal Circuit recently affirmed a decision by the Fifth Circuit that a federal district court lacked jurisdiction to hear a claim against the federal government for...more

Supreme Court Certiorari Denial Allows Circuit Split Regarding Retroactivity of the 2009 False Claims Act Amendments to Remain

On June 24, 2013, the Supreme Court denied certiorari to review the Sixth Circuit’s November 2012 decision in United States ex rel. Sanders v. Allison Engine Co. This allows a significant circuit split over the retroactive...more

Land Use, Zoning and Other Local Policies to Promote Economic Development - League of California Cities Webinar: New Tools for...

In This Presentation: • Public Agency Approach • Existing Local Authority • Public Private Partnerships • Redevelopment/Economic Development • Public Infrastructure - Excerpt from Public Agency...more

Fourth Circuit Joins D.C. Circuit In Striking Down NLRB’s Employee Rights Notice Posting Rule

In June 2013, the Fourth Circuit joined the United States Court of Appeals for the District of Columbia Circuit in vacating the National Labor Relations Board’s “notice posting rule” (the “rule”). The controversial rule...more

Fourth Circuit Oral Argument Considers Questions Concerning Constitutionally Problematic FCA Fines

The Fourth Circuit recently heard oral argument in United States ex rel. Bunk v. Gosselin World Wide Moving (12-1369). During oral argument, the panel explored, among other issues, how to calculate fines under the FCA when...more

Legal Alert: Federal Contractors Not Released From Notice Posting Requirement

Although the D.C. Circuit Court of Appeals' decision invalidating the Nation Labor Relations Board's (NLRB's) notice posting requirement means that private employers currently are relieved of this obligation, the ruling did...more

Virginia Court Declares PPP Toll Financing Arrangement Unconstitutional

In many ways, the state of Virginia’s Public-Private Transportation Act (PPTA), which allows new, innovative methods of financing from private sources to supplement state funding and public debt financing, has been a model...more

A “Stark” Result for South Carolina Hospital: Stark Law Violations May Cost Up to $357 Million in Penalties

After a four-week retrial, a federal jury concluded on May 8, 2013 that Tuomey Healthcare System (Tuomey) violated both the Stark Law and the False Claims Act (FCA). The jury determined that Tuomey violated the Stark Law by...more

Cuba Practice Update -- May 16, 2013

Law to Punish Companies with Cuba Ties Struck Down - Last week, the 11th U.S. Circuit Court of Appeals in Miami declared unconstitutional a 2012 Florida law intended to prevent foreign companies with ties to Cuba — or...more

NLRB Posting Requirement Struck Down by Court; Federal Contractors Still on the Hook

On May 7, 2013, the D.C. Circuit vacated a National Labor Relations Board (“NLRB” or “Board”) rule that would require most private sector employers to display a poster informing employees of their rights under the National...more

Supreme Court Clarifies Jurisdiction Over Claims Arising Under Procurement Code

The Pennsylvania Supreme Court recently confirmed the absolute right of Commonwealth agencies to withdraw solicitations for contracts, as well as the exclusive jurisdiction of the Board of Claims to hear disputes with the...more

TABOR FOUNDATION v. COLORADO BRIDGE ENTERPRISE, et al.

REPLY IN SUPPORT OF PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

Defendants do not dispute that the bridge safety surcharge is a mandatory charge, assessed against TABOR Foundation members without regard to any benefits actually conferred. Nor do Defendants raise any material dispute as to...more

Brandt v. United States

Opinion

This case involves an alleged taking of Brandt’s property involving a railroad right-of-way that traverses his property. Brandt appeals from the final decision of the United States Court of Federal Claims dismissing his...more

Labor & Employment E-Note - March 14, 2013

In This Issue: - ALERT: USCIS INTRODUCES NEW FORM I-9 - OFCCP Moving to Broader Investigations into Pay Bias - High Court to Consider U.S. Steel Workers' Compensation Case - NLRB Rulings Questioned After Board...more

False Press Release Leads To Exclusion From Federal Programs

Dr. Harkonen was the CEO of InterMune, Inc, a pharmaceutical company that developed, marketed and sold drugs for lung and liver diseases, including Actimmune. In 2002, the FDA had approved Actimmune to treat only two...more

Health Reform + Related Health Policy News Update - February 6, 2013

In This Issue: - Top News ..CMS Announces Round 2 Competitive Bidding Single Payment Amounts ..CBO Lowers SGR Repeal Cost by $100 Billion ..Republicans Press HRSA on 340B Audits ..HHS Proposes...more

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