Obama Administration

News & Analysis as of

What Has the “Nuclear Option” Wrought?

With the Obama administration unable to get labor and employment law changes through a gridlocked Congress, one of its significant accomplishments and lasting legacies may be its remarkable record of reshaping federal...more

Great Article of the State of Things with the College Rating System

As we have reported a few times, the U.S. Department of Education (Department) is currently working on college rating system. Libby Nelson, formerly of Politico and now the education reporter with Vox, has a great new piece...more

New Title IX Guidance Issued by White House

As part of the “Not Alone” campaign focusing on preventing sexual assault and violence, the White House released new guidance documents as part of “It’s On Us,” a new education campaign that seeks to “engage college students...more

The future of multifamily housing bonds?

Earlier this year, President Obama included within his Administration’s budget to Congress certain tax proposals. Among those was a proposal to allow states to convert up to 8 percent of their private activity bond (PAB)...more

Administration Moves to Address Antibiotic Resistance

On September 18, 2014, the Obama administration announced a comprehensive initiative to combat the growing threat of antibiotic-resistant bacteria. The initiative centers largely on preventing overuse of antibiotics and...more

Attn. General Counsel: Big Changes are Coming to Wage-and-Hour Law

The White House has already taken steps to propel no less than three significant changes in wage-and-hour law, all of which could have wide-ranging effects on employers of all sizes. The likely changes include an increase in...more

Why Uncle Sam Wants You (to be a Whistleblower)

Last Wednesday, the Obama administration was buzzing about one word all across the country – and that word was ‘whistleblower.’ The Justice Department is bolstering a movement to appeal to witnesses of corporate...more

Touted Developments Contradict Rationales For Minimum-Wage Increase (Updated 09 14 14)

A White House report has extoled wage-rate increases by "state legislatures and governors; mayors, county executives and city councils; and business leaders" as supposedly being compelling reasons to raise the federal Fair...more

Health Care Update - August 2014 #4

In This Issue: - Administration Releases Updated Contraception Coverage Rules - Federal Regulatory Initiatives - Other Congressional and State Initiatives - Other Health Care News - Upcoming...more

White House Immigration Update

On August 5th, the White House released a comprehensive update on President Obama’s efforts relating to immigration these past few months, including traveling to Texas in July to meet with local officials, faith leaders, and...more

Business Litigation Alert: "Cybersecurity Costs Rising: How will the Government Respond?"

A new study reveals that hackers now cost consumers and businesses between $375 and $575 billion worldwide, with North America and Europe experiencing the highest losses. Those numbers are only expected to grow as the U.S....more

"Micro-Units": NLRB Eases The Way For Union Organizing

Even the most casual of observers would have to be wearing blinders not to notice the extraordinary efforts made by the Obama Administration to make it easier for labor unions to organize the non-union workforce. ...more

D.C. Circuit Issues Ruling in Important CFIUS Case

The D.C. Court of Appeals recently issued a landmark decision in Ralls Corporation v. Committee on Foreign Investment in the United States (CFIUS), No. 13-5315, slip. op. (D.C. Cir. July 15, 2014), that could have...more

Capital Thinking: International

Ukraine Crisis - Last week, the Malaysian Government negotiated and secured from the pro-Russian separatists in Ukraine the black boxes from the downed passenger airliner (MH17). The Malaysian Government also secured...more

DC Circuit Requires Committee on Foreign Investment in the United States to Provide Due Process Protections to Investors

On July 15, 2014, the US Court of Appeals for the District of Columbia (DC Circuit) ruled that if the President, pursuant to his powers under the Exon-Florio Amendment to the Defense Production Act of 1950 (DPA), deprives a...more

D.C. Circuit Court’s Surprising Ruling on Chinese CFIUS Case May Result in Greater Transparency in Certain National Security...

On July 15, the United States Court of Appeals for the District of Columbia Circuit ruled that the President violated the due process rights of Ralls Corporation, a U.S. company owned by two Chinese nationals when, pursuant...more

Capital Thinking: Homeland Security

Legistlative Activity - Reid Files Motion to Proceed on Terrorism Risk Insurance Bill - On July 9, Senate Majority Leader Harry Reid (D-NV) filed a motion to proceed to the Terrorism Risk Insurance Program...more

Health Care Update - July 2014 #2

In This Issue: - Obama Administration Ramps up Efforts to Reduce Medicaid Spending - Senators Press Gilead on Sovaldi - Implementation of the Affordable Care Act - Other Federal Regulatory...more

White House Moves to Increase ENDA Workplace Protections for LGBT Community

The White House recently announced President Obama's intention to sign an executive order banning federal contractors from discriminating against lesbian, gay, bisexual and transgender (LGBT) employees. If signed, the order...more

What Happened to Immigration Reform?

After years of debate over comprehensive immigration reform, it appears that – at least according to some reports – immigration reform is “officially dead.” At least any kind of House-approved immigration reform, that...more

To keep data safe, law firms must embrace a culture of security

As the White House report on big data indicates, an enormous amount of information is collected, stored, analyzed and relayed in digitized form over the Internet and, increasingly, using mobile technology. Headlines...more

Supreme Court Unanimously Strikes Down Recess Appointment

On June 26, 2014, the United States Supreme Court unanimously struck down three appointments President Obama made to the National Labor Relations Board on January 4, 2012, purportedly under the U.S. Constitution’s Recess...more

House Subcommittee Critiques Aggressive Agenda at National Labor Relations Board

Today, the U.S. House of Representatives Subcommittee on Health, Employment, Labor, and Pensions conducted an oversight hearing titled, “What Should Workers and Employers Expect Next From the National Labor Relations Board?”...more

The Pivot To Asia And The Inevitable Failure Of The Trans-Pacific Partnershps

TPP negotiators have been through more than twenty negotiating rounds since 2010, meeting in ten different countries. We could spend a lot of time on the details. Businesses have lobbied their particular interests, trying to...more

Supreme Court to Review Cases Involving Overtime Exemption for Mortgage Loan Officers

On Monday, the U.S. Supreme Court accepted review of two lower court decisions of significant importance to the banking and financial services industries. The cases involve the question of whether mortgage loan officers are...more

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