Public Policy

News & Analysis as of

Calling time on time limits?

CPR 54.5(2) is clear: the time limit for filing the claim form for judicial review may not be extended by agreement of the parties. The justification for the rule is well-known. Undue delay sits uncomfortably with good...more

US: Guns at Work: The Implications of the Fifth Circuit’s Recent Decision in Swindol v. Aurora Flight Sciences Corporation

The US Court of Appeals for the Fifth Circuit’s recent decision in Swindol v. Aurora Flight Sciences Corporation casts new doubt on the enforceability of employer policies prohibiting employees from carrying firearms onto...more

An Arbitration Agreement That Attempts to Skew a Statutory Arbitration Scheme Is Void as Against Public Policy

Federal public policy favors arbitration and the broad interpretation and enforcement of arbitration agreements. So how can an arbitration agreement be held by a court to be void as against public policy? One answer from a...more

Virginia Supreme Court Denies Expansion of Public Policy Exception for Wrongful Termination Claims

The Supreme Court of Virginia, in Francis v. National Accrediting Commission of Career Arts & Sciences, Inc., No. 160267 (Feb. 23, 2017), reaffirmed that the public policy exception to Virginia’s employment at-will doctrine...more

Tennessee Highway Patrol K-9 Officers May Receive Health Care Benefits

The Senate approved legislation this week allowing retirement health care benefits for Tennessee Highway Patrol K-9 officers. SB1286 / HB1353, sponsored by Sen. Rusty Crow and Rep. John Holsclaw, requires the Tennessee...more

California Public Employees' Personal Accounts May Be Subject to Public Records Act Requests

In City of San Jose v. Superior Court, No. S218066 (Cal. Mar. 2, 2017), the Supreme Court of California decided unanimously that communications made or stored on a public employee's personal account, including emails sent...more

Congressional Budget Office Releases Report on American Health Care Act

The Congressional Budget Office (CBO) released its cost estimate of the American Health Care Act (AHCA) as reported by the Committees on Ways and Means and Energy and Commerce. CBO estimates that AHCA would reduce federal...more

California Supreme Court Rejects Claim by Second-Lowest Bidders on Public Works Contracts that Low Bidder Interfered with a...

The California Supreme Court in Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc. (Feb. 16, 2017) Case No. S225398, --- Cal.3d ---, held that for public works contracts awarded to the lowest responsive, responsible...more

Charities Participating in Policy and Protest: 2017 and Beyond

Recent demonstrations highlight a significant passion for expressing dissent and opposition to the Trump administration and its public policy positions. Given the dramatic increase in queries we have received from our clients...more

English courts cannot order security in public policy challenges to enforcement

The UK Supreme Court last week issued the latest decision in a long-running attempt to enforce a US$150 million Nigerian arbitration award (IPCO (Nigeria) Limited v. Nigerian National Petroleum Corporation [2017] UKSC 16). ...more

How Did This Ex-General Counsel Win $14.5 Million From His Former Employer?

Companies entrust their in-house attorneys with sensitive and confidential information in order to obtain legal advice on important matters. Thus, when an in-house attorney turns on his or her employer, the repercussions can...more

South Carolina court says 'NO' to employee's claims against Boeing

Employees and their counsel have been very aggressive in attempting to couch employment claims as state-law matters and filing claims in state court instead of federal court to try to avoid the federal judiciary. For various...more

Do Arbitration Agreements Between Nursing Homes and Patients Violate Public Policy-- or Are They Enforceable Under the FAA?

The Federal Arbitration Act (FAA) provides for enforcement of arbitration agreements in a “contract evidencing a transaction involving commerce” in the district court. A nursing home sought to enforce arbitration agreements...more

Federal Courts Refuse to Enforce Waiver of Subrogation Clauses in Certain Residential Situations

In two recent decisions, federal courts sitting in New Jersey and Pennsylvania refused to dismiss subrogation claims filed by the insurers of a homeowner and lessees of apartments who suffered damages paid by their carriers....more

New cybersecurity watchdog suggests greater compliance challenges ahead for overseas companies in China

Developments this month continue to signpost a more challenging compliance environment ahead for non-Chinese technology companies and those operating online in China. The Chinese Government's continued scrutiny over...more

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

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Cybersecurity

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