News & Analysis as of

Waivers

Rules of the Drone. The New FAA Drone Rules For Your Construction Site

About ten years ago, I visited a college friend in Simi Valley, California. He graduated Purdue with an Aeronautical Engineering degree and had left Indiana to work for a company developing unmanned aircraft for the military....more

US Announces Review of Iran Nuclear Deal

by WilmerHale on

On April 18, 2017, the State Department certified to Congress that Iran was in compliance with its obligations under the Joint Comprehensive Plan of Action (JCPOA) between the United States, Iran, and the P5+1 nations. It...more

Wisconsin Releases Draft Waiver Amendment Proposing New Eligibility Requirements

On April 19, 2017, Wisconsin released for public comment a proposed amendment to its BadgerCare Reform Section 1115 demonstration. BadgerCare Reform currently provides coverage to approximately 150,000 childless adults ages...more

OIG to Audit FAA Drone Waiver Processes

The Office of the Inspector General (OIG) of the U.S. Department of Transportation (DOT) has announced an audit of the Federal Aviation Administration’s (FAA) “approval and oversight processes” for Part 107 waivers for...more

Waiving not an option in offer-back case

by Hogan Lovells on

Offer-back clauses in leases are sometimes used to give the landlord greater control over the identity of the tenant at a property. However, the mechanism of operating an offer-back clause can be problematic as demonstrated...more

New E.O. Reinforces President Trump's "Buy American" Agenda

by Hogan Lovells on

On April 18, 2016, President Donald Trump signed the executive order “Buy American and Hire American” aimed at maximizing the federal government’s use of goods, products, and materials produced in the United States. The E.O....more

Are You Exempt? FDA Announces Waivers for Certain Businesses Subject to the Sanitary Transportation Rule

by Dickinson Wright on

The FDA Food Safety Modernization Act (FSMA) rule on Sanitary Transportation of Human and Animal Food is now final and on April 5, 2017, the FDA published three waivers for certain qualifying businesses. The Sanitary...more

What is the Effect of an Untimely Challenge to the Timeliness of a Trustee’s Sale?

by Snell & Wilmer on

Ever wonder what happens if a person challenges the timeliness of a trustee’s sale after the sale already occurred? Waiver of the argument of course! And, in the case of Wells Fargo Bank, N.A. v. Waltner, the affirmance of...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

FDA Announces Waivers to Sanitary Transportation Rule

by Bryan Cave on

Today, FDA announced that it has issued the first three waivers under the Sanitary Transportation of Human and Animal Food Rule, one of the many rules designed to implement the Food Safety Modernization Act. These waivers are...more

Vague Claim Construction Arguments Before The PTAB May Trigger A Waiver On Appeal

by Brinks Gilson & Lione on

The Patent Trial and Appeal Board (PTAB) upheld the patentability of U.S. Patent No. 8,601,154 (“the ‘154 patent”), owned by SimpleAir, Inc. (“SimpleAir”) in an inter partes review petition filed by Google. Google Inc. v....more

Manatt on Medicaid: Monthly Expansion Recap, March 2017 #2

Arkansas - Governor Proposes Changes to Medicaid Expansion Waiver as House Passes Bill to Cap Expansion Enrollment - Governor Asa Hutchinson (R) released a proposal to amend the State's Medicaid expansion waiver by...more

Federal Circuit is No Place to Make New Claim Construction Arguments

The Federal Circuit has consistently made clear that arguments not first made to the PTAB will not be considered on appeal. Google fell victim to this well-worn concept in Google Inc. v. SimpleAir, Inc., 2016-1901 (CAFC March...more

Uber Steers for Mandatory Arbitration

by Robins Kaplan LLP on

After its bid to compel arbitration stalled in the district court, Uber is gearing up to argue before the Second Circuit that its users waive their right to a jury trial when they sign up for its app. The defendants in...more

Under Construction - March 2017

by Snell & Wilmer on

Letter from the Editor - Welcome to the spring 2017 edition of our Under Construction newsletter. We hope 2017 is off to a good start for you and your company. An issue that seems to commonly come up in cost-plus...more

California Court of Appeal Affirms Validity of Hospital Meal Period Waivers

The ability of hospitals to use meal period waivers was called into question by a 2015 Court of Appeal decision in Gerard v. Orange Coast Memorial Medical Center (Gerard I), which held that the provision in Wage Order 5...more

Arbitrating PAGA Representative Actions: Federal and State Courts Begin to Part Ways

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Three decisions issued earlier this month reveal an increasing tension between the Ninth Circuit and California appellate courts on whether representative PAGA actions can be arbitrated. As a result,...more

An Update on Part 107 Waivers for Night Operations

Back in August 2016, when the Federal Aviation Administration (FAA) announced its final small unmanned aerial systems (UAS) rule (or Part 107) FAA administrator, Michael Huerta said, “Our focus is to make this as streamlined...more

Manatt on Health Reform: Weekly Highlights - March 2017

House Republicans release long-awaited ACA repeal and replace legislation, Arkansas proposes a new waiver amendment to lower expansion adult eligibility levels, and California and Maine are considering new policies to tackle...more

Trump's Revised Executive Order, "Protecting The Nation From Foreign Terrorist Entry Into The United States"

by Proskauer Rose LLP on

On March 6, 2017, President Trump signed the highly anticipated and revised Executive Order (EO), "Protecting The Nation From Foreign Terrorist Entry Into The United States." The new order rescinds the previous EO issued at...more

California Court Confirms Healthcare Meal Waivers Have Always Been Valid

by Fisher Phillips on

In a somewhat unusual ruling last week, a California Court of Appeal announced that its previous February 2015 decision in the case of Gerard v. Orange Coast Memorial Medical Center, which partially invalidated healthcare...more

President Trump's Most Recent Regulatory Reform Order

On Friday, President Donald J. Trump signed an executive order targeting federal regulations. This new executive action, which is designed to enact the White House’s regulatory reform agenda, requires the heads of each...more

Manatt on Medicaid: Monthly Expansion Recap - March 2017

Arizona - Appeals Court Hears Arguments in Medicaid Expansion Lawsuit - A three-judge State Appeals Court panel heard an appeal of the Maricopa County Superior Court's decision that Arizona's Medicaid expansion plan...more

The Future of Part 107 sUAS Regulations and the 2017 Regulatory and Legislative Outlook for Commercial Drone Operations

by Blank Rome LLP on

Action Item: The FAA’s new Part 107 regulations concerning small Unmanned Aircraft Systems (“sUAS”) went into effect August 29, 2016, boosting investments in the expanding commercial UAS market. Additional FAA regulations,...more

Supreme Court of Pennsylvania Holds That Failure to File Brief in Support of Properly Filed Post-Trial Motion Does Not Waive...

In a recent decision, Board of Supervisors of Willistown Township v. Main Line Gardens, Inc., the Supreme Court of Pennsylvania unanimously held that a party does not waive all issues on appeal when it fails to file a...more

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