Public Policy

News & Analysis as of

Court Finds Coverage For Settlement Of Restitution Claim

Insurers often take the position that indemnification for claims for “restitution” are barred by public policy, and contend they have no obligation to reimburse a settlement of such claims. They often take this position even...more

Texas Supreme Court Enforces Waiver Of Post-Foreclosure Fair Market Value Hearing

On June 13, 2014, the Texas Supreme Court, consistent with its long-standing “respect for the strong public policy [in Texas] of respecting parties’ freedom to design contracts according to their wishes,” held that a broad,...more

Commission of Agriculture Approves Revised GAAMP’s Limiting Scope of Right to Farm Act

For over a year, the Michigan Ag Commission has considered expanding the scope of the "site selection" GAAMPs in order to bring even small livestock facilities within its scope. The site selection GAAMPs have traditionally...more

Severance Agreements Under Attack by the EEOC

Two recent lawsuits filed by the Equal Employment Opportunity Commission (EEOC) underscore the federal agency’s intent to continue, and even expand, its attack on severance agreements. Generally, a severance agreement offers...more

House Subcommittee Holds Hearing on Nanotechnology: From Laboratories to Commercial Products

The House Science, Space, and Technology Subcommittee on Research and Technology held a hearing on May 20, 2014, on "Nanotechnology: From Laboratories to Commercial Products." The purpose of the hearing was to examine the...more

FHFA Director Watt outlines 2014 strategic plan for Fannie Mae and Freddie Mac

House in GlobeOn May 13, 2014, Federal Housing Finance Agency (FHFA) Director Mel Watt gave his first major policy speech regarding the future of Fannie Mae and Freddie Mac since being sworn in on January 6, 2014. In his...more

Senate Committee Questions FDA's Use of Draft Guidances

In a letter to the Food and Drug Administration, a group of U.S. senators from the Committee on Health, Education, Labor & Pensions expressed "significant" concern about the agency's apparent reliance on a process of issuing...more

The New Normal: Big Data Comes of Age

On May 1, 2014, the White House released two reports addressing the public policy implications of the proliferation of big data. The first report is by the Executive Office of the President, entitled “Big Data: Seizing...more

Industry And Policymakers To Hold Summit On California SCPR

With the March 2013 release of its first draft list of Priority Products (PP) (more information is available in the Bergeson & Campbell, P.C. (B&C®) memorandum), the California Department of Toxic Substances Control (DTSC)...more

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

Arizona Anti-Deficiency Protection Cannot Be Waived

The Arizona appellate courts continue to reinforce Arizona's anti-deficiency law by finding that a prospective waiver of anti-deficiency protections violates public policy and is prohibited. ...more

42 Results
|
View per page
Page: of 2