Public Policy

News & Analysis as of

California Expands Factors in the Vicarious Liability Control Test

Although a company is generally not liable for the negligence of its independent contractors, companies required by the government to exert control over independent contractors may be held vicariously liable for the...more

Alert: 2016 Round-Up: Key Decisions Affecting Connecticut Health Care Providers

Connecticut state and federal courts faced a number of significant health care issues last year. We have summarized those cases that we think are particularly relevant to Connecticut hospitals, group practices and individual...more

Nursing Home Arbitration Agreements: A Changing Landscape

Because arbitration proceedings often offer a less costly and more efficient alternative to the burdens of protracted courtroom litigation, arbitration agreements are increasingly common in the nursing home industry. However,...more

No Love for Guns in Workplace Is Protected, Court Finds

While the calendar may read Valentine’s Day, I’ve tackled more than my fair share of love-themed posts in the past filled with roses and chocolates. So instead, I’m going to go in a different direction entirely: Guns....more

Built-In Contract Remedies: Avoiding the Unenforceable Penalty

Under California law, a provision of a contract found to impose a penalty is unenforceable as a forfeiture and contrary to public policy. The characteristic feature of a penalty is the lack of proportional relation between...more

"Business and Human Rights Movement Spurs Development of Remedial Options"

In the emerging area of business and human rights, the endorsement of the United Nations Guiding Principles on Business and Human Rights (UNGPs) by the U.N. Human Rights Council five years ago marked a watershed event. The...more

Facebook Unfriends Policy Allowing for Exclusion of Certain Racial and Ethnic Groups in Housing, Credit, and Employment...

The social network giant, Facebook—amid criticism and a push from public figures and congressional leaders—announced that the site would no longer allow advertisers to exclude specific racial and ethnic groups in the areas of...more

SC Public Policy Update - February 2017

What's New - JUDICIAL ELECTIONS - Legislators officially elected Judge George “Buck” James as the next South Carolina Supreme Court justice on Wednesday during a joint session of the General Assembly on Wednesday....more

Trump HHS Secretary - Confirmation Process & Next Steps

Over the past two weeks, Congressman Tom Price, M.D. (R-GA) completed his confirmation hearings before the U.S. Senate Committee on Finance as well the Senate Health, Education, Labor and Pension (HELP) Committees. The...more

Unauthorized Computer Access, Without Service Interruption, May Be Cause for Action

In a case of first impression, the Eleventh Circuit has held that an employer need not show an interruption of service to prove actionable harm under the Computer Fraud and Abuse Act (CFAA) and other federal laws. This is...more

Recent Tax Updates from the Commonwealth of Pennsylvania

Connect Modem Service Not Taxable - The Pennsylvania Commonwealth Court en banc affirmed a panel decision that service provided by Level 3 Communications to America Online, Inc. constituted internet access service and...more

Government’s Response to IDC Report Hints at the Direction of Future Anti-Corruption Policy

On 16 January 2017, the UK Government published its response to the International Development Committee’s (“IDC”) report “ Tackling Corruption Overseas”. The original IDC report appraised the UK Government’s efforts in...more

SC Public Policy Update - January 2017 #3

What's New - JUDICIAL ELECTIONS - A Joint Assembly is scheduled to take place on Wednesday, February 1, at noon for the election of a number of judges, including a race for a vacant seat on the South Carolina...more

US Policy Scan 2017

The election, and recounts, are over. Cabinet nominees are being announced. Some 4,000 job openings will need to be filled across the federal government. Republicans "control" both ends of Pennsylvania Avenue. Now is a good...more

Finding Ways to Sue

An employee who is terminated from employment does not have a legal right to sue the employer simply because he believes that the termination was “unfair.” While union contracts typically contain a provision that discipline,...more

Predicting Patent Policy Under the Trump Administration

The America Invents Act (“AIA”), signed into law by President Obama on September 16, 2011, was the biggest legislative overhaul to the United States patent system since the Patent Act of 1952. Among other changes, the AIA...more

Rhetoric and reality: Will GOP strip up to 32 million of health insurance?

As partisans race to fulfill their seven-year political pledge to “repeal and replace” the Affordable Care Act, aka Obamacare, their rhetoric has collided with reality, posing huge questions as to how responsibly they will...more

Delaware Law Updates - 2016 Year in Review

Our Delaware Corporate and Alternative Entity Law attorneys closely followed the opinions coming from Delaware’s Supreme Court and Court of Chancery. Our 2016 Year in Review is a collection of brief summaries of selected...more

SC Public Policy Update - January 2017 #2

What's New - SENATE - The Senate spent the week working at the committee level in an effort to move bills to the floor for debate. Members will return to meeting in regular session on Tuesday, January 24th....more

Renewable Energy Update - January 2017 #3

Renewable Energy Focus - Study reports climate policies provide $13 billion in economic benefits to San Joaquin Valley - Los Angeles Times - Jan 18 - As California lawmakers prepare for another round of...more

Final FAR Rule: Employees’ Freedom to Report Fraud

There has been a debate for years about whether employers can, by agreement, prohibit their employees from “blowing the whistle” on them. The prudent view was this could be viewed by the courts as a violation of public...more

Kardashians Kept Out of Arbitration (and other recent arbitration news)

Just three weeks into the year and already my pile of arbitration cases is a skyscraper! So, I will cover a lot of ground in this update. First, the headline. Kimberly, Kourtney, and Khloe Kardashian moved to compel...more

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

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