Public Policy

News & Analysis as of

SC Public Policy Update - January 2016 #4

What's New - Judicial Elections - Judicial Elections are scheduled to take place on Wednesday, February 3 at noon. Included in this round of elections is a race for the vacant seat on the Supreme Court as a result...more

SC Public Policy Update - January 2016 #3

What's New: Judicial Elections - This week, the Judicial Merit Selection Commission gave legislators a report of qualified candidates for the upcoming judicial races. Judicial elections will be held on...more

Tokyo Dispute Resolution & Crisis Management Newsletter – January 2016

Middle Eastern Disputes: Top 10 Tips for In-House Counsel - The lowdown on what every in-house counsel should bear in mind with regard to arbitration proceedings in the UAE. We set out our list of the top 10...more

SC Public Policy Update - January 2016 #2

What's New - The General Assembly convened Tuesday, January 12th for the 2nd year of the 121st Legislative Session. Below is a summary of actions in both the Senate and the House....more

North Carolina Legislative Report

The General Assembly convened for the 2015 legislative long session on January 14 and adjourned September 30. Lawmakers will return to Raleigh for the short session April 25, 2016. The MVA Public Affairs Legislative Report on...more

Protected Occupations: Statutory Exemptions from Non-Competes for Employee Classes

The states have a rich tradition of passing legislation forbidding or limiting the use of non-compete agreements with identified classes of employees. As you might expect, a number of states forbid or limit the use of...more

Indian Parliament Enacts Revisions to the 1996 Arbitration Act

On 11 December 2015, we provided a summary of revisions to the 1996 Indian Arbitration and Conciliation Act (the “Act”) made by the President of India through the 2015 Arbitration and Conciliation (Amendment) Ordinance that...more

SC Public Policy Update - January 2016

What's New - Members of the South Carolina General Assembly will return to Columbia on Tuesday, January 12th, to begin the second year of the 121st Legislative Session. 2016 marks an election year where all 170 seats in...more

Motion GRANTED re Court Reporters’ Page Rates

Government Code Sections 69950 and 69954 regulate page rates an official court reporter may charge for transcripts in California Superior Courts. A lawsuit was brought by attorneys against an independent court reporting firm...more

China Adopts Two-Child Policy: Key Implications for Employers

On 27 December 2015, Chinese lawmakers passed the Population and Birth Planning Amendment Law (Amendment). The Amendment, which is effective from 1 January 2016, ended the three-decade-old one-child policy and allowed married...more

India Revises the 1996 Arbitration Act

On 23 October 2015, the President of India enacted an Ordinance that significantly revises the 1996 Indian Arbitration and Conciliation Act (the “Act”). The goal of the Ordinance is to improve the efficiency and reliability...more

Trade & Manufacturing - December 2015

President Obama Rejects Keystone Pipeline - On November 6, President Obama announced his decision to deny TransCanada’s application for approval to build the Keystone XL Pipeline. This decision comes over seven years...more

Arbitration Limitations

A recent California Court of Appeal decision, Singerlewak LLP v. Gantman (2015) 241 Cal.App.4th 610, illustrates the typically limited scope of judicial review in binding arbitration cases. Published appellate decisions...more

But We Need You to Work More Than 40 Hours This Week! Overtime and the Health Care Employer

Hospitals and other health care facilities often do not know exactly how many hours each week they may need nurses and other allied health staff to work. Other employees may get sick, have a baby, go on vacation, or patient...more

California Court Confirms No Absolute Public Policy Against Non-Competes Entered into by Partners

California’s prohibition on non-competition agreements is less than absolute. For example, non-compete agreements may be enforced against partners or sellers of businesses. Additionally, in SingerLewak LLP v. Andrew Gantman...more

Construction Group News: Workers Cannot Recover Lost Wages from Contractor Responsible for Explosion that Shut Down Project

The Connecticut Supreme Court has held that construction workers whose jobs are affected by the shutdown of a construction project due to an accident cannot bring suit for lost wages against the companies whose negligence...more

The baby boomer gamblers: Running out of money

As the first of the baby boomers have reached retirement age, the greatest financial threat to the American middle class is silently waiting for them. Most are unprepared for what actuaries call “longevity risk.” The real...more

China Regulatory Enforcement Quarterly - Q3 2015

On August 12, a series of explosions in the northern port-city of Tianjin killed over one hundred people and injured hundreds of others. The explosions were allegedly caused by hazardous chemical materials in shipping...more

Insurance Benefit Assignment to Contractors: Not in Texas

In Florida and other states, a post-loss assignment of insurance benefits (or AOB) has become commonplace and a hot-topic issue. The typical scenario is that after suffering a loss, the insured assigns the right to policy...more

Proposed Amendments Regarding Proposition 65 Settlements

This is Archer Norris attorney Peter W. McGaw’s comment letter to the Attorney General on the proposed amendments to the Title 11, Division 4 regulations regarding settlement of Proposition 65 cases. Please see full...more

When Does Termination of the Employment Relationship Violate Public Policy? The Restatement of Employment Law Offers a New...

In July of 2015, the American Law Institute published the first Restatement of Employment Law. The Restatement provides a new lens through which employers, employees, and courts can evaluate the common law duties affecting...more

Exculpatory Clauses In Trust Documents Are “Somewhat” Enforceable In Texas

It is common for settlors to execute trust documents that contain exculpatory clauses. An exculpatory clause is one that forgives the trustee for some action or inaction. For example, a common exculpatory clause may state...more

Can Two Indian Parties Agree To Arbitration Outside India?

Recent conflicting Indian court judgments have given rise to concerns as to whether two Indian companies may refer disputes to arbitration seated outside of India. We take a look at these cases and conclude that there is no...more

Massachusetts Joint Committee Hears Testimony Yesterday on Bill to Ban Use of Contingent Fee Auditors

Yesterday, the Massachusetts Legislature’s Joint Committee on State Administration and Regulatory Oversight heard testimony on Senate Bill 1710, a bill that would prohibit the use of contingent fee auditors by state agencies,...more

Landmark climate change ruling as court orders Dutch government to address global temperature increase

In June 2015, the Hague District Court ordered the Dutch state to take more action to reduce greenhouse gas emissions in the Netherlands. The case is currently under appeal, but is significant because it is the first time a...more

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