News & Analysis as of

Tenth Amendment

New York DFS files lawsuit challenging OCC special purpose national bank charter for fintech companies

by Ballard Spahr LLP on

The New York Department of Financial Supervision (DFS) has filed a complaint in a New York federal district court to stop the Office of the Comptroller of the Currency (OCC) from implementing its proposal to issue special...more

State regulators file lawsuit challenging OCC special purpose national bank charter for fintech companies

by Ballard Spahr LLP on

The Conference of State Bank Supervisors has filed a complaint in D.C. federal district court to stop the Office of the Comptroller of the Currency (OCC) from implementing its proposal to issue special purpose national bank...more

Removing Barriers to Telehealth in Oklahoma: Increasing Access to Care and Improving Health Outcomes Across the State

by GableGotwals on

Imagine that today is July 1, 2014, and you live in north Tulsa, a statistically poor area of the city. You receive health coverage through Oklahoma’s Medicaid program, SoonerCare, you have a terrible sore throat, and you...more

Breaking News: Judge Says He Will Issue Ruling on November 22 Regarding DOL Proposed OT Rule!

by Ruder Ware on

As we reported recently, 21 States and multiple business groups have filed suit in the Eastern District of Texas seeking a delay in the implementation of the proposed OT rule set for December 1. ...more

States and Business Groups Seek to Halt Implementation of Revised Overtime Rules; Employers Encouraged to Stay The Course

by Pepper Hamilton LLP on

While new overtime provisions of the Fair Labor Standards Act are being challenged in court, employers should still prepare for a likely December 1 effective date. On September 20, 2016, 21 states and more than 50...more

21 States File a Lawsuit Challenging the USDOL’s Revisions to the White Collar Exemptions

On September 20, 21 states filed a lawsuit against the U.S. Department of Labor in the U.S. District Court for the Eastern District of Texas, challenging the USDOL’s revisions to the white collar exemptions under the Fair...more

Clean Power Plan has its day in court - Will the D.C. Circuit uphold EPA’s landmark CO2 regulations?

by Dentons on

In a marathon day-long session before a packed courtroom (and a number of overflow rooms) on Tuesday, September 27, 2016, the full US Court of Appeals for the DC Circuit heard oral arguments in a litigation challenging the...more

Two Lawsuits Hope to Put the Brakes on Overtime Rule Changes

by Foley & Lardner LLP on

With a December 1 deadline looming, millions of employers across the country are scrambling to implement new compensation and classification practices in response to the U.S. Department of Labor’s (DOL) new overtime rule,...more

Challenges Filed to DOL Overtime Regulations

The U.S. Department of Labor’s new regulations governing the “white collar” exemptions from overtime are only two months away. Under the new regulations, which go into effect on December 1, 2016, “white collar” employees...more

Employment Law Navigator – Week in Review: September 2016 #4

by Zelle LLP on

Last week, 21 states filed a lawsuit challenging the Department of Labor’s new overtime rules. Within hours, another suit was filed by the U.S. Chamber of Commerce and business groups. The lawsuits contend that the Department...more

DOL Overtime Rule Update: Breaking News!!!!!

by Ruder Ware on

On September 20, 2016, two lawsuits were filed in an attempt to block the DOL’s proposed overtime rule. Wisconsin joined 20 other states in filing one suit while the U.S. Chamber of Commerce along with 50 other business...more

Employers Should Not Retreat on Compliance Planning Despite Two-Pronged Attack on OT Rule

by Seyfarth Shaw LLP on

Two lawsuits related to the Department of Labor’s revisions to the white-collar exemptions have been filed in East Texas. The first lawsuit, citing (among other things) the severe impact the impending salary increase...more

Goliath Versus Goliath:  Three Takeaways From the En Banc Rehearing of NCAA v. New Jersey

by Goodwin on

Barring congressional action, the future of sports betting in the United States lies in the hands of the U.S. Court of Appeals for the Third Circuit. Last month, the en banc court heard argument in NCAA v. New Jersey, No....more

You Can Lead a Horse to Water, But You Can’t Call it an Airplane: Supreme Court Oral Arguments Suggest Puerto Rico’s Recovery Act...

A few thoughts on Tuesday’s oral arguments before the U.S. Supreme Court in the litigation over whether Puerto Rico’s Public Corporations Debt Enforcement and Recovery Act, an insolvency statute for certain of its government...more

FCC Wireless Infrastructure Deployment Rules Affirmed By Fourth Circuit

by Davis Wright Tremaine LLP on

On Friday, December 18, 2015, the U.S. Court of Appeals for the Fourth Circuit affirmed the FCC’s rules implementing Section 6409(a) of the Spectrum Act, including the “deemed granted” remedy for a local government’s failure...more

Religious Institutions: October 2015

by Holland & Knight LLP on

Timely Topics - A non-compete clause, covenant not to compete or restrictive covenant is a contract provision under which one party agrees not to enter into or start a similar profession, trade or business in competition...more

Credit Union for Marijuana Industry Sues NCUA, Fed for Master Account

Why it matters - One Colorado credit union is taking matters into its own hands after the Federal Reserve Bank of Kansas City (FRB-KC) and the National Credit Union Association (NCUA) rejected the institution's...more

State of Tennessee Sues EPA and the Corps of Engineers on Waters of the United States Final Rule

by Burr & Forman on

Today, the State of Tennessee joined in one of the many lawsuits filed by States challenging the EPA and Corps of Engineers Final Rule that defines of Waters of the United States under the federal Clean Water Act. See...more

How Does The New Clean Water Rule Impact Your Business?

by Partridge Snow & Hahn LLP on

On June 29th, the Environmental Protection Agency and the U.S. Army Corps of Engineers (collectively, the “Agencies”) made waves when they published a new rule—the Clean Water Rule—clarifying and arguably expanding the types...more

Data Breach Legislation – Creating a Federal Standard

by Michael Volkov on

Whatever your political viewpoints may be on the dividing line between federal and state responsibilities, or the interpretation of the 10th Amendment to our Constitution, there is no question the Framers saw an important...more

Legal Update: Government Precondemnation Entry and Inspection – A Review of Property Reserve, Inc. v. Superior Court (2014)

by Miller Starr Regalia on

There are four ways the government can enter onto private property: - It has permission of the property owner. - In an emergency (Tenth Amendment/police power). - It has a search warrant, based on...more

In Split Decision, Sports Leagues Overcome New Jersey’s Attempt to Legalize Sports Wagering

by Goodwin on

Following oral argument in June 2013 (chronicled in the Goodwin Gaming Blog here), the Third Circuit has affirmed, 2-1, the district court’s ruling in National Collegiate Athletic Association, et al. v. Governor of New...more

New Jersey Changes its Playbook On Appeal to Third Circuit

by Goodwin on

On June 26, 2013, a three judge panel of the Third Circuit heard oral argument in National Collegiate Athletic Association, et al. v. Governor of New Jersey, et al. The NCAA and the North American professional sports leagues...more

DOJ Brief Tries to Keep N.J. Sports Gaming Law Out of Bounds

by Ifrah PLLC on

On Friday, February 1, 2013, the U.S. Department of Justice filed a brief in the U.S. District Court for the District of New Jersey defending the constitutionality of the Professional and Amateur Sports Protection Act of 1992...more

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