News & Analysis as of

Public Policy

Public Perception And Policy Regarding Drones And Autonomous Vehicles

by Fox Rothschild LLP on

Recently I had the opportunity to speak to a college class regarding public perception and policy regarding drones and other autonomous vehicles. In preparing for my presentation, I realized several things that I already...more

Sixth Circuit Court of Appeals Holds Properly Perfected Assignment of Rents Not Property of Bankruptcy Estate

by Foley & Lardner LLP on

In a significant ruling impacting commercial real estate lenders in Michigan, the 6th Circuit Court of Appeals has ruled that an absolute assignment of rents that had been fully perfected (by demanding payment from tenants to...more

OCC to Move Forward with Considering Fintech Charter Applications

The OCC’s announcement to move forward considering fintech charter applications has potentially significant industry, policy and practical implications. This presentation explores industry reaction to the OCC’s decision,...more

California Employment Law Notes - May 2017

Ruth Featherstone alleged that her former employer (SCPMG) discriminated against her based on a "temporary disability" that was caused by an adverse drug reaction, which resulted in an "altered mental state." During this...more

NESCOE Responds to Stakeholders; Requests No Public Policy Transmission Study from ISO-NE

by Pierce Atwood LLP on

After receiving input from members of the ISO-New England, Inc.’s (ISO-NE) Planning Advisory Committee (PAC) regarding the state, federal, and local statutes and regulations (Public Policy Requirements) “driving transmission...more

California Supreme Court Punts on FAA Preemption - Court invalidates waiver of public injunctive relief, declines to address...

Last month, the California Supreme Court handed down its unanimous decision in McGill v. Citibank N.A., holding that an arbitration provision that effectively waives a consumer’s statutory right to seek public injunctive...more

Enforcing a Jury Trial Waiver in California: An Impossible Task?

It is not uncommon for parties to enter into agreements containing jury waiver provisions. However, enforcing such provisions in California courts may be a losing battle. California has a strong public policy in favor of the...more

Florida Supreme Court Rulings Affecting Health Care Providers

by Wilson Elser on

It is well established that Florida physicians are required to report any adverse incident that occurs in their office to the Department of Health. Discovery of these reports is a patient’s constitutional right under Article...more

U.S. Court Confirms London-Based Arbitral Award Against Belize, Finding Allegedly Partial Arbitrator Did Not Violate U.S. Public...

by Carlton Fields on

The D.C. Circuit recently upheld a district court order confirming a London-based arbitral award against the Belize government over objections that enforcement of that award would violate U.S. public policy regarding the...more

The standard of fairness in South African law – a case for the petroleum industry

by Dentons on

Pacta sunt servanda is a longstanding principle under South African law. This principle recognises that parties are free to contract and must be bound by the terms of an agreement. However, pacta sunt servanda is not without...more

Quelles Consequences Sur Vos Contrats De Marche En Cas De Frexit ?

Avec une proportion non négligeable de candidats à la présidence de la France favorables à la sortie de l’Europe ou à la renégociation de certains traités, l’éventualité d’un Frexit au lendemain du Brexit n’a jamais été aussi...more

Appellate Practice News: Connecticut Supreme Court Considers Schools' Duty Of Care To Students Participating In Travel Abroad...

by Murtha Cullina on

Argument Recap: Munn v. The Hotchkiss School, SC 19525 - The Connecticut Supreme Court heard oral argument this term in Munn v. The Hotchkiss School to decide whether Connecticut public policy supports imposing a duty...more

Virginia Supreme Court Refuses to Expand Bowman Doctrine for Wrongful Termination of an At-Will Employee

by FordHarrison on

In Bowman v. State Bank of Keysville, the Virginia Supreme Court first recognized an exception to the employment at-will doctrine based upon an employer’s violation of public policy in the discharge of an employee. In...more

California Supreme Court Finds Waiver Of Statutory Remedy In Arbitration Agreement Contrary To Public Policy

by Carlton Fields on

“Agreements to arbitrate claims for public injunctive relief under [California’s Consumers Legal Remedy Act or Unfair Competition Law], or the false advertising law are not enforceable in California.” The California Supreme...more

California Supreme Court Limits Right to Jury Trial on Health Care Whistleblower Claims

by FordHarrison on

The California Supreme Court recently held that California Health and Safety Code section 1278.5(g), which protects health care workers and medical staff from discrimination and retaliation for reporting unsafe patient care...more

Private Arbitration Agreements which Prohibit Public Injunctive Relief Violate Public Policy and are Unenforceable Under...

by Foley & Lardner LLP on

In an April 5, 2017 unanimous opinion, the California Supreme Court (the “Court”) held that private arbitration agreements which prohibit public injunctive relief in any forum are contrary to California public policy and...more

McGill v. Citibank and Arbitration Agreements

On Thursday, April 7, 2017, in McGill v. Citibank, the California Supreme Court held that a pre-dispute arbitration agreement that waives the right to seek public injunctive relief is contrary to public policy and thus...more

Dancing On Their Own: The California Supreme Court’s Decision in McGill v. Citibank, N.A. that Class Action Waivers Do Not Apply...

On April 6, 2017, the California Supreme Court struck another blow in its contentious battle with the United States Supreme Court on the enforceability of consumer arbitration clauses subject to the Federal Arbitration Act...more

Is Your Arbitration Agreement Enforceable?

by Snell & Wilmer on

Health care providers may favor arbitration due to the perception that it is a faster, less expensive alternative to litigation. State and federal policy favors arbitration for the same reasons.  Because of the strong public...more

Decreto Legge 17 febbraio 2017 n. 13 – Disposizioni urgenti per l’accelerazione dei procedimenti in materia di protezione...

Il Decreto n. 13/2017, entrato in vigore lo scorso 18 febbraio, è in procinto di essere convertito in legge. Con questo intervento normativo il Governo ha cercato di rispondere alla situazione emergenziale relativa alla...more

Chipping Away at Arbitration: California Supreme Court Further Limits Arbitration Waivers

by Hirschfeld Kraemer LLP on

On April 6, 2017, the California Supreme Court held that an arbitration agreement waiving the right to public injunctive relief is contrary to California public policy and is unenforceable under California law. In McGill...more

“Path to Marijuana Reform” Legislation Introduced in Congress

by Tucker Arensberg, P.C. on

On March 30th, bipartisan U.S. lawmakers introduced a package of three marijuana reform bills collectively being called the “Path to Marijuana Reform” aimed to “pave the way for responsible federal regulation of the legal...more

Maryland Court of Appeals Dismisses Former University Employee’s Claims for Access to Research Materials and Wrongful Termination...

by Ropes & Gray LLP on

In a noteworthy case involving an employed scientist’s allegations of wrongful termination for reporting research misconduct, the Maryland Court of Appeals in Yuan v. Johns Hopkins University refused to recognize the federal...more

Blowing the Whistle on Willful Misconduct: California Court holds that False Claims Act Suits Are Uninsurable Due to Public Policy

by Carlton Fields on

Willful misconduct is uninsurable. It is a fundamental principle of insurance, and it makes sense to both the lay and the lawyerly. But few states go as far as to codify this principle in the insurance code. California is an...more

New Hampshire Supreme Court Quickly Disposes of Whistleblower Claims

Defeating whistleblower claims often requires a significant investment of time and resources in protracted litigation. But a recent decision in New Hampshire provides some hope that employers will be able to dispose of...more

349 Results
|
View per page
Page: of 14
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!