Public Policy

News & Analysis as of

SC Supreme Court Finds Family Member Exclusion In Florida Auto Policy Does Not Violate SC Public Policy

A Florida automobile insurance policy’s family exclusion did not violate South Carolina public policy according to an April 2014 opinion of the South Carolina Supreme Court....more

Minnesota Supreme Court Refuses to Expand Exception to Employment-at-Will Doctrine

The Minnesota Supreme Court rang in 2014 with an employer-friendly decision on the at-will employment rule. On January 2, in Dukowitz v. Hannon Security Services (No. A11-1481), the state’s highest court held that the...more

Public Policy News

The Legislature returns on January 14, 2014 for a flurry of session days before final adjournment on April 3, 2014. With the biennial budget and many other GOP big ticket items passed, the agenda this spring will include no...more

Weekly Law Resume: Uninsured Motorist Coverage – Statutory Exclusions vs Policy Language

Progressive Choice Insurance Co. v. California State Automobile Association Inter-Insurance Bureau - California Court of Appeal, Second Appellate District (August 12, 2013)- Insurance Code Section 11580.2, the...more

Arbitration Decision Precludes Subsequent Non-Statutory Wrongful Termination Claim

A court of appeal recently addressed whether an arbitration decision on a claim of wrongful termination in violation of a collective bargaining agreement, as a result of racially discriminatory practices, bars a subsequent...more

Immigration Reform Likely Delayed Until End of the Year

Immigration reform has been on shaky ground lately, and now it seems even more doubtful that immigration legislation will be enacted this year. According to the New York Times, in light of the current debate over military...more

Former Employee Allegedly Coughs Up Cold Remedy Formula: Broad Non-Disclosure Agreement Largely Ineffective

A New Jersey appellate court’s decision last week in UCB Mfg., Inc. v. Tris Pharma, Inc., serves as a cautionary tale for employers when drafting confidentiality agreements to protect their trade secrets and confidential...more

Freddie Mac Updates Disaster Assistance, Other Servicing Policies

On August 15, Freddie Mac issued Bulletin 2013-15, which updates and revises many of its servicing requirements, including those related to assistance for borrowers impacted by an eligible disaster. ...more

Connecticut Public Policy Supports, And In Some Cases, Requires, Termination Of Workplace Harassers

State of Connecticut v. AFSCME, Council 4, Local 391, No. 18749 (August 6, 2013): The Connecticut Supreme Court recently upheld the reversal of an arbitrator’s decision to reinstate an employee whose employment was terminated...more

Obama Administration Disapproves ITC’s Exclusion Order on Apple Products

On August 3, 2013, U.S. Trade Representative Michael Froman, acting under the authority of President Obama, sent a letter noting his disapproval of the International Trade Commission’s determination to issue an exclusion...more

Russia’s Supreme Arbitrazh Court Summarizes Application of the Public Policy Clause

As in many other countries in the world, in Russia the violation, by a foreign state court judgment or arbitral award, of the public policy constitutes a ground to deny recognition and enforcement of such judgments and...more

Ninth Circuit Holds FAA Preempts Montana’s Public Policy Against Enforcing Contracts Of Adhesion

On July 15, the U.S. Court of Appeals for the Ninth Circuit held that the Federal Arbitration Act (FAA) preempts Montana’s public policy invalidating adhesive agreements running contrary to the reasonable expectations of a...more

New EU Regulation on Cosmetic Products Enters Into Force

On 11 July 2013 Regulation (EC) No 1223/2009 (Regulation) will replace the Cosmetics Directive of 1976 that used to rule cosmetic products in the European Union. Major aims of the Regulation are health protection, animal...more

Immigration Legislation Overview

On June 27, the Senate passed its bipartisan immigration bill by a vote of 68-32. If enacted, the bill is estimated to increase the national net-population by 9.6 million people and reduce the federal deficit by $158 billion...more

New Jersey Supreme Court Clarifies Site Suitability Criteria for Use Variance

It is fundamental that all applicants seeking to obtain a use variance from a municipal zoning board of adjustment under the Municipal Land Use Law (“MLUL”) must prove that they satisfy both the so-called “positive” and...more

The New York Court of Appeals’ Vigilant Decision: A Welcome Return to Enforcing Insurance Contracts as Written

In a much-anticipated decision, New York’s highest court, the New York Court of Appeals, on June 11, 2013, unanimously rejected a group of insurers’ attempt to invoke purported “public policy” considerations to avoid covering...more

Polsinelli Podcast - Public Policy Issues in 2013 [Video]

Polsinelli's Public Policy Practice acts a voice and advocate for business in Washington, D.C. and nationally. This week's "Inside Law" features Public Policy Chair Jim Davidson on getting things done in Washington,...more

New York Court Allows Disgorgement Coverage Action to Proceed

In its recent decision in J.P. Morgan Securities, Inc. v. Vigilant Ins. Co., 2013 N.Y. LEXIS 1465 (NY June 11, 2013), New York’s Court of Appeals – New York’s highest court – had occasion to consider whether an insured can...more

The Supreme Arbitrazh Court Clarifies Russian Public Policy

The Presidium of the Supreme Arbitrazh Court (“SAC”) recently published Information Letter No. 156 approving the Review of the Arbitrazh Courts’ Practice of Considering Cases Concerning the Application of Public Policy as a...more

Stealth Lawyer: Ruchi Bhowmik, Deputy Cabinet Secretary [Video]

May 22 (Bloomberg) -- Rachana "Ruchi" Bhowmik, former Deputy Assistant to the President and Deputy Cabinet Secretary at The White House, talks with Bloomberg Law's Spencer Mazyck about her transition from practicing law to...more

Public Policy Trumps Non-Compete In North Carolina

In many states, non-compete agreements are viewed by the courts with some amount of forgiveness for overbreadth. In those states, courts can in some circumstances re-write an otherwise offensive non-compete agreement to make...more

Russian Federation Supreme Commercial Court’s Review of the Application by the Russian Courts of the Public Policy Defense

This alert analyzes the legal positions taken by the Presidium of the Russian Federation Supreme Commercial Court (“SCC”) in its recently published review of commercial court practice in cases concerning the application of...more

Retaliatory Discharge Under Illinois Law: “Public Policy” Strictly Interpreted Once Again

An Illinois state court of appeals recently held that the Cook County Department of Public Health (“Cook County”) was not liable for common law retaliatory discharge because plaintiff/appellant failed to identify a cognizable...more

Fenwick Employment Brief - February 2013

In This Issue: *FEATURE ARTICLES - Cal Supreme Court Refuses To Immunize Employers In Mixed-Motive Discrimination Cases, But Significantly Limits Remedies - Manager's Bias, Public Policy, And Defamation...more

"Ontario Speech From The Throne", Focus On Public Policy, February 2013

On Tuesday, February 19th, 2013, the Honourable David Onley, Ontario's Lieutenant Governor, delivered the Wynne government’s Speech from the Throne in the Ontario legislature. Entitled The Way Forward, this speech officially...more

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