Public Interest

News & Analysis as of

Chairman Pai Steps-It-Up on Broadband Deployment

Earlier this week, FCC Chairman Ajit Pai announced the formation of a new Broadband Advisory Committee, calling for nominations by February 15, 2017. The mission of the new FCC federal advisory committee is to make...more

Perspectives for the Professions: Joint Submissions on Sanction: The Supreme Court of Canada Clarifies the Amount of Deference...

In a previous article, we discussed a discipline tribunal’s role in considering joint submissions on sanction; namely, a discipline tribunal has the discretion to accept or reject a joint submission. Previous courts adopted...more

Foreign Officials, Defamation Claims and the DC anti-SLAPP Statute

First was the lawsuit filed by Yasser Abbas, the son of the Palestinian President, against Foreign Policy Group and one of its reporters, alleging that they defamed him by asking whether he was profiting from his father’s...more

"'Failure to Prevent': The Implications for Global Financial Institutions"

The U.K. government is set to introduce a new corporate criminal offence, based on the strict liability of the entity in question. It almost certainly will come into force in 2017, once the Criminal Finances Bill (Bill) is...more

The “Public Interest” Prevails: Third Circuit Vacates Order That Sealed Whistleblower’s Profit-Sharing Settlement Agreement

In a recent decision, the Third Circuit held that a New Jersey federal district court wrongly sealed a profit-sharing settlement agreement between qui tam litigants. The plaintiffs, Fair Laboratory Practices Associates...more

Former American Idol Contestant’s Defamation and False Light Claims Dismissed

The California Court of Appeal recently dismissed former American Idol contestant Corey Clark’s claims against Radar Online, LLC (“Radar”), concluding that Radar’s anti-SLAPP motion should have been granted. In 2003,...more

Employment Alert: Federal Court Halts Implementation of New Overtime Rules

On November 22, 2016, a federal district court in Texas preliminarily enjoined the Department of Labor (DOL) from enforcing portions of its rule increasing the federal minimum salary for exempt executive, administrative, and...more

Department of Labor Overtime Regulations Enjoined by Federal Judge

Late yesterday Judge Mazzant of the Eastern District of Texas issued a temporary, nationwide injunction blocking implementation and enforcement of the Department of Labor’s (DOL) revised overtime regulations. The regulations,...more

FCC Broadband Privacy Part I: The FCC’s Ascension as a Privacy Regulator

Tomorrow, October 27, the Federal Communications Commission (FCC) is scheduled to vote on new privacy rules for internet service providers (ISP) that will have a lasting impact on U.S. privacy regulation. In this special...more

Purported Public Interest Group Challenges Drug Patent in Qui Tam Action

The intersection of patent law, drug regulations, creative lawyering, and commerce (if not outright greed) has once again arisen in a qui tam suit brought under 31 U.S.C. §§ 3729–3733 (alleging fraud against the U.S....more

Is a Consumer Trade Association’s Speech Covered by the DC Anti-SLAPP Act?

When a consumer trade association “speaks” about the health effects of a product, is its speech on an issue of public interest, and thus within the scope of the DC anti-SLAPP statute, or is it in furtherance of the...more

Stop them in their tracks: key points in seeking a preliminary injunction against medical device infringers

In 2006, the US Supreme Court reversed years of jurisprudence by eliminating the presumption of irreparable harm in patent litigations,1 which previously had resulted in virtually automatic grants of injunctions to prevailing...more

War of the World Wide Webs: D.C. Circuit Refuses Terror Victims’ Attempt to Seize Internet Domain Names

In early August, the D.C. Circuit refused to allow victims of terror attacks to take control of the Internet domain names of Iran, North Korea, and Syria as a means of satisfying previous money judgments awarded to the...more

Supreme Court of Argentina suspends natural gas price increases for residential users

The increases had been approved as a part of substantial energy and financial reforms undertaken by the Macri administration to promote investment in aging infrastructure. The Court’s ruling delays the contemplated price...more

UK: Cases to watch out for in 2016

In the ever-evolving sphere of UK employment law, we are likely to see a wealth of developments over the remainder of 2016, as Parliament enacts new legislation and new cases are heard. We are also expecting, in a number of...more

Criminal Mugshots Are Privacy-Protected Says Divided Sixth Circuit Panel

A deeply divided en banc panel of the U.S. Court of Appeals for the Sixth Circuit held that federal authorities can withhold criminal booking photos requested by the public pursuant to the Freedom of Information Act (“FOIA”)....more

Sex, Lies and Defamation

On Monday, July 25, 2016, the Ninth Circuit emphasized the continuing viability of defamation claims in cyberspace, notwithstanding a culture saturated in images and "anything goes," by permitting a defamation claim by an...more

Unlocking the EU General Data Protection Regulation: A practical handbook on the EU's new data protection law: Chapter 7: Lawful...

Why does this topic matter to organisations? Processing of personal data is lawful only if, and to the extent that, it is permitted under EU data protection law. If the controller does not have a lawful basis for a given...more

Protecting Whistleblowers in the UK – Is the Law Sufficient?

With instances of whistleblowing hitting the press on an ever-increasing basis, does UK law do enough to protect employees who blow the whistle on their employer’s wrongdoing? According to a new report published by the...more

When May Antitrust Not Stop a Health Care Combination? When a Court Decides other Federal Law May Compel It.

[The Court’s] determination reflects the healthcare world as it is, and not as the FTC wishes it to be. We find it no small irony that the same federal government under which the FTC operates has created a climate that...more

Client Alert: Microwave Ovens in “American Hustle” Constitute a Matter of Public Interest

In Brodeur v. Atlas Entm’t, (No. B263379, filed 6/6/16), the California Court of Appeal for the Second Appellate District held statements regarding the safety of microwave ovens in the hit film “American Hustle” constituted a...more

Procurement challenge to rail franchise tender process fails

This is a rare example of a judicial review challenge to the way in which a public body decided to set out minimum specifications in an invitation to tender. In R (on the application of London Borough of Enfield) v Secretary...more

A Close to Open Internet Challenges?

In a major victory for the Federal Communications Commission (“FCC” or “Commission”) a three-judge panel of the United States Court of Appeals for the District of Columbia (“DC Circuit”) upheld the Commission’s 2015 Open...more

Business and privacy law

Recently a wealthy and high profile entertainer has gone all the way to the Supreme Court in a successful attempt to prevent publication of an account of their private life. The unnamed claimant was relying on basic human...more

Anti-Slapp Motions – Published Statements Regarding Matters Not a Issue of Public Interest

Yasser Abuemeira et al. v. John F. Stephens, et al. - Court of Appeal, Second Appellate District (April 27, 2016) - What is a Strategic Lawsuit Against Public Participation (“SLAPP”)? Simply put, a SLAPP is a...more

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