Public Policy

News & Analysis as of

Court Finds That Enron’s Fraud Does Not Void Contract Entered Into With Enron Subsidiary

A federal appellate court has upheld a district court order enforcing an arbitration award by the ICC against the Republic of Nigeria in favor of Enron Nigeria Power Holdings, Ltd. (“ENPH”), a former subsidiary of Enron...more

SC Public Policy Update - January 2017

What's New - Members of the South Carolina General Assembly returned to Columbia on Tuesday, January 10th, to begin the first year of the 122nd Legislative Session. The top priorities facing lawmakers entering the new...more

2016 Arbitration Roundup in Australia

In 2016, the Australian courts were at the forefront of maintaining Australia's stronghold as a pro-arbitration jurisdiction. This was notably demonstrated in three Federal Court decisions, which also served as a salutary...more

Task Force Report: Taxation and Pricing of Cannabis

On June 30, 2016, the Minister of Justice and Attorney General of Canada, the Minister of Public Safety and Emergency Preparedness, and the Minister of Health announced the creation of a nine-member Task Force on Cannabis...more

A New Series: Practical Advice for 2017

With the exception of Immigration enforcement, I doubt that we will see as vigorous an increase in new employment law requirements and enforcement under the Trump Administration as under President Obama’s tenure. Therefore,...more

Pan-Canadian framework on climate change announced

At the conclusion of the December 9, 2016 meeting of Prime Minister Justin Trudeau and the leaders of Canada’s provinces and territories, the Pan-Canadian Framework on Clean Growth and Climate Change (PCF) was formally...more

FCC Declines TCPA Exemption for Mortgage Servicers

Rejecting a mortgage industry request, the Federal Communications Commission (FCC) has formally denied an exemption from the prior-express-consent mandates of the Telephone Consumer Protection Act for mortgage servicers,...more

SC Public Policy Update - December 2016 #2

NOTE: Below is a revised copy of the SC Public Policy Update on the House and Senate reorganization due to an unintended omission of the House portion of the Update. We apologize for any inconvenience. ...more

SDNY Confirms Arbitration Award Under FAA And The New York Convention Despite Award Being Silent On Tax Liability

An arbitration award required respondent to pay a series of royalty payments, audit costs and interest, but did not address either party’s tax obligations. Respondent made several payments to petitioner, but withheld 20% from...more

Brazil’s top court strikes down validity of arbitration clause in franchise agreement

In a recent and potentially far-reaching decision, the Superior Tribunal of Justice – the highest court of Brazil for non-constitutional matters with responsibility for harmonizing interpretation of federal laws by the state...more

Second Circuit Upholds Confirmation Of Arbitration Award Finding The Penalty Provision In Contract Did Not Violate Public Policy

Although unable to revisit the arbitration panel’s fact-finding or legal reasoning behind an arbitration award, the Second Circuit Court of Appeals upheld confirmation of the award itself, as it did not violate public policy....more

SC Public Policy Update - December 2016

What's New - HOUSE AND SENATE ORGANIZATIONAL SESSION - Senate Rule Change - The Senate held its reorganization session on December 6, 2016. After hearing speeches from new members, the Senate took up and...more

Top 10 Considerations for Iowa Employers Post Election

There has already been a great deal written about the outcome of the 2016 election. Polls, long considered lagging indicators, were not indicators at all. As the dust settles and the recounts conclude, personal, professional...more

Director of Manufacturing Policy Initiative Sought

Indiana University’s Manufacturing Policy Initiative (Initiative) has announced a candidate search for the first full-time Director of the Initiative. The Manufacturing Policy Initiative seeks to analyze how public policies...more

Can an Employer Back out of a Promise to Provide Advancement by Claiming That the Employee Committed Fraud?

Numerous decisions from the Delaware courts establish that a company cannot abandon its promise to advance legal fees and expenses when the covered director, officer, or employee properly invokes it....more

House Tax Policy Review Committee Update - Public Policy Alert from the South Carolina State House - November 2016

Overview - The South Carolina House Tax Policy Review Committee held its sixth meeting on Tuesday, November 15th, to discuss property tax and sales tax exemption issues. Committee Chairman Tommy Pope (R-York) began the...more

U.S. House to Consider Bill to Limit, Overturn Midnight Regulations

The U.S. House of Representatives will consider legislation this week to limit midnight rulemaking and strengthen the Trump Administration's ability to overturn last-minute regulations adopted by the Obama Administration. The...more

Employer Can Refuse to Pay Commissions After Termination — Under Certain Conditions

Thanks to all who came to our Labor & Employment seminar on Thursday. Our biggest crowd yet. In it, we talked about the importance of offer letters. Marc Herman returns today with a post updating us on a recent Connecticut...more

FCA Publishes "New" Mission Statement

On 26 October 2016, the FCA published a Mission Statement titled “Our Future Mission”. The aim of the publication is to “establish a set of guiding principles” that explain how the FCA pursues its strategic and operational...more

A Call-to-Action: Obama Administration Encourages States to Ban Noncompetes for Low-Wage Workers and Certain Other Employees

On October 25, 2016, the Obama administration released a fact sheet announcing the steps that the White House is taking to “enhance competition to benefit consumers, workers, and entrepreneurs.” The administration’s actions...more

Florida Supreme Court Rules Incorrect Denial of Insurance Benefits Can Trigger Award of Attorneys’ Fees to Insured

On September 29, 2016, the Florida Supreme Court held, in Johnson v. Omega Insurance Company (No. SC14-2124), that a homeowner is entitled to an award of attorneys’ fees after an improper denial of insurance benefits. The...more

Using Public Policy to Create IRA Irony

You might recall that the Department of Labor (DOL) took the position earlier this year that it had to protect individual retirement accounts and annuities as well as IRA owners by extending certain ERISA protections to them....more

House Tax Policy Review Committee Update - Public Policy Alert from the South Carolina State House - October 2016

The House Tax Policy Review Committee held its fourth meeting on Tuesday, October 18th, to hear from the public on issues regarding tax policy in South Carolina. Twelve individuals addressed the Committee on various tax...more

Third Circuit Rejects Contractor’s Challenge To Arbitral Jurisdiction Based On Failure To Comply With Agreement’s Procedural...

The Third Circuit affirmed a lower court’s ruling against a contractor challenging an arbitrator’s authority in ordering payment of delinquent contributions to employee benefit funds. Plaintiff (“Nolt”) signed a Project Labor...more

Health Update - October 2016

Defining and Resolving the Provider Data Dilemma - Editor’s Note: Provider data drives the most fundamental processes in the healthcare system. Inaccurate provider data puts patient care and billions of dollars at risk....more

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