Public Interest

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Court of Appeal Upholds Anti-SLAPP Motion to Defeat Claims Against Government Agencies

Ruling Allows Government Agencies to Use the Motion to Quickly End Meritless and Vexatious Lawsuits - A government agency can employ an anti-SLAPP motion to win early termination of meritless and vexatious lawsuits...more

Business Litigation Alert: U.S. Supreme Court Set to Decide High Profile Whistleblower Case

On November 4, the U.S. Supreme Court heard the case Department of Homeland Security v. MacLean - a whistleblower protection case that is being closely watched. At issue is whether an employee can be terminated for...more

OCR’s New Bulletin on Ensuring Privacy in Public Health Emergencies

This week, the HHS Office of Civil Rights (OCR) issued a bulletin (Bulletin) to remind covered entities and business associates that “the protections of the Privacy Rule are not set aside during an emergency.” The...more

HHS: No Sensational News Exception to HIPAA. Health Care Providers Should Plan Now for Dealing with Ebola Publicity

Many people in the general public – and most in the health care industry – would recognize the names Eric Duncan (who died of Ebola in a U.S. hospital), Nina Pham (who contracted Ebola through exposure in a U.S. hospital) and...more

The definitive guide to Corporate Self Reporting

We have aggregated below the SFO guidance on Self Reporting (available on its website on a number of pages) and importantly recent comments from the Director about it. If you are considering Self Reporting as an option we...more

An Overview of Tennessee Law Regarding Non-Competition Agreements

Often employers invest significant resources in training and developing employees. Prudent employers recognize that, as unfortunate as it may be, employment relationships do not always go as planned. These employers might...more

Why colleges in bankruptcy should have access to federal financial aid

With the reauthorization of the Higher Education Act (HEA) in full swing, the time is ripe for Congress to reconsider current laws prohibiting postsecondary institutions that declare bankruptcy from participating in the...more

Promoting the False Claims Act By Dismissing Meritless Qui Tam Actions

The False Claims Act's qui tam action is a distinctive and atypical form of litigation. Through the qui tam mechanism, Congress created a unique way for the United States to recover for false claims by empowering private...more

Continuing Litigation Over Titanium Dioxide in Sunscreen and Cosmetics Underscores Importance of Exposure Assessments in...

In an ongoing Proposition 65 litigation brought in late 2013 by the Public Interest Alliance (PIA) targeting more than 100 sun-protection and powder-cosmetics manufacturers, plaintiff claims defendants’ products expose...more

A Pilot Program for Performance-Based Social Infrastructure in California

California Senate Bill 593 (“SB 593”), introduced by Senator Ted Lieu (D-Torrance), shows the interest of some State legislators in implementing performance-based infrastructure (“PBI”) in social programs....more

“Spot Zoning” Found Permissible Where Small Parcel Given Greater Rights than Surrounding Properties and New Zoning Served the...

The Orange County Board of Supervisors (“Board”) approved a proposed senior citizen living community (“Project”) on a seven-acre parcel, creating a new zoning definition for senior residential housing and rezoning the parcel...more

Public Interest Disclosure Act 2013 – Now in Force

The Commonwealth Public Interest Disclosure Act 2013 (PID Act) commenced operation on 15 January 2014. The PID Act establishes the first stand-alone whistleblower protection scheme at a federal level and is designed to...more

No Private Attorney General Fees for Homeowner

In Donald A. Norberg v. California Coastal Commission (4th Dist., Div. 3, 10/25/13, G047522) ___Cal.App.4th___, 2013, the court of appeal reversed the trial court’s award of private attorney general fees because the...more

Public Interest Disclosure Scheme: Government Agencies: Is Your Agency Prepared For The New Public Interest Disclosure Act?

The Public Interest Disclosure Act 2013 (Cth) (Act), which establishes a new public interest disclosure scheme for the Commonwealth public sector, comes into force on 15 January 2014. By then, Commonwealth agencies...more

Washington State Supreme Court Issues Landmark Ruling: “Overriding Considerations Of The Public Interest” Do Not Justify...

On October 3, 2013, the Washington State Supreme Court ruled in Swinomish Indian Tribal Community v. Wash. Dept. of Ecology (No. 87672-0, Wash. Oct. 3, 2013) that the Department of Ecology exceeded its authority by applying...more

President Disapproves ITC Exclusion Order In -794 Investigation On Public Interest Grounds

On August 3, 2013, the President acting through the U.S. Trade Representative (USTR) disapproved the decision of the U.S. International Trade Commission (ITC or “Commission”) to issue an exclusion order in Certain Electronic...more

Too Much Wiggle Room In Wigglesworth? Advisor Penalties Under Income Tax Act Not Criminal Offences In Nature And Don’t Engage...

On June 12, 2013, the Federal Court of Appeal released its decision in Canada v. Guindon (2013 FCA 153)....more

Changes to whistleblowing law: In the public interest? (United Kingdom)

Recent news stories concerning the NHS and the financial services industry have highlighted how challenging the issues associated with whistleblowing can be for an organisation. On the one hand, employers need to know if...more

Public Interest, Good Faith and Whistleblowing – The Latest From The UK

The UK Government is in the process of making important changes to UK whistleblowing legislation (which will be implemented through the Enterprise and Regulatory Reform Bill). The key changes, which are expected to come into...more

Analysis Of A Winning Argument For Enforcing A Non-Compete Agreement At The Preliminary Injunction Stage

On December 18, 2012, the United States District Court for the Western District of Tennessee entered an Order granting an employer’s application for a preliminary injunction preventing its former employees from soliciting the...more

A Toxic And Mass Tort Update: Illinois Supreme Court Limits "Forum Shopping"

In its December 28, 2012 decision, the Illinois Supreme Court issued a forum non conveniens decision reversing the St. Clair County Court and directing the trial court to dismiss plaintiff's asbestos case. Fennell v. Illinois...more

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