Outlook for This Week in the Nation's Capital - Farm Bill Re-vote? Last week’s vote on the farm bill failed after the Freedom Caucus refused to support the measure. A roll call vote on the motion to reconsider was postponed and could… more

Alarm bells rather than wedding bells are ringing in the insular but passionate world of romance novels as authors and publishers grapple with the question whether an author can claim exclusive rights to use “cocky” in book titles… more

In June of 2015, the Michigan Court of Appeals decided Summer v Southfield Board of Education (“Summer I”), addressing the circumstances and bases under which a teacher may challenge his or her annual evaluation as a result of the 2011… more

The Australian and New Zealand markets present a dilemma for manufacturers. Both are highly developed economies with wealthy, well-educated consumers who are amongst the world's most enthusiastic adopters of new technologies… more

Since our last report, oil prices surpassed $80/bbl before dipping slightly alongside a flat rig count and lower natural gas spot prices. In Appalachia, the Pennsylvania Environmental Hearing Board issued its latest decision… more

The Office of Medicare Hearings and Appeals (“OMHA”) recently expanded the Settlement Conference Facilitation (“SCF”) program, an alternative dispute resolution process, to allow more providers and suppliers with pending Part A and… more

This post looks at a potentially overlooked roadblock in proving a violation of N.C. Gen. Stat. § 75-1.1: the requirement that the claimant have standing to sue. You might think of standing as an exclusively federal-court concept… more

Let’s talk shop. With LeBron James. Sounds cool right? That’s what James and his partner Maverick Carter thought when their entertainment company Uninterrupted developed The Shop. On The Shop, James and his friends, business… more

In a massive win for employers across the country, the U.S. Supreme Court has ruled that employers now have the green light to use class action waivers in their employment contracts. Today, the Court held in a 5-4 ruling that… more

In Epic Systems Corporation v. Lewis, No. 16-285 (May 21, 2018), the Supreme Court ruled that employers can continue to include class and collective action1 waivers in arbitration agreements. In short, this means that employers can… more

On May 21, 2018, the U.S. Supreme Court held that employees can waive their right to participate in a collective action under the Fair Labor Standards Act (FLSA). This is a major victory for employers seeking to limit exposure in… more

The Office of Inspector General (OIG) recently found that many telehealth services were improperly paid due to the failure to meet coverage criteria under Medicare. The great majority of the improper payments were based on billings… more

The Supreme Court issued a landmark decision on May 21, 2018, which has widespread implications for all employers. In Epic Systems Corp. v. Lewis, a 5-4 opinion written by Justice Gorsuch, the Supreme Court held that arbitration… more

At a meeting of the Cabinet of the Council of Ministers of the United Arab Emirates (“UAE”), the UAE Government decided to allow foreign investors to own 100% of their businesses in the UAE and approved sweeping changes to the current… more

On April 12, 2018, New York State Governor Andrew Cuomo signed into law the 2018-2019 New York State budget, which imposes substantial new obligations on employers with respect to combating sexual harassment in the workplace. Among… more

Having a board evaluation is a regular event for most public companies. But is it a productive practice or just another corporate governance kabuki—a perfunctory, check-the-box exercise with no real impact? “Board Performance… more

Foreign policy – particularly trade with China and the standoffs with Iran and North Korea – is likely to compete for attention this week among policymakers in the Trump administration and on Capitol Hill… more

On May 14, 2018, Judge John E. Jones III of the United States District Court for the District of Delaware granted the Trustee-Defendant Wilmington Trust Company’s (“Wilmington Trust”) motion to dismiss in IKB International, S.A. v… more

The controversy surrounding the validity of employment arbitration agreements with class action waivers has been simmering since at least 2012. Now, with the Supreme Court’s decision in Epic Systems Corp. v. Lewis, we have an answer:… more

The U.S. Supreme Court ruled this morning that employers can enforce class action waivers included in employment-related arbitration agreements. An arbitration agreement is a contract through which an employee and an employer agree in… more

Many of you may not be aware of the happenings in the Cowboy State concerning the future of the energy industry. Wyoming is not just sitting back and allowing market forces to have huge impacts on the state, it is taking steps to be on… more

On May 21, 2018, the Supreme Court of the United States decided Epic Systems Corp. v. Lewis, No. 16-285, holding that the Federal Arbitration Act mandates the enforcement of arbitration agreements providing for individualized… more

RYAN SAYS POTENTIAL COMPROMISE COMING ON RISK EVALUATION AND MITIGATION STRATEGY DRUGS - House Speaker Paul Ryan, R-Wis., last week said congressional leaders are trying to hammer out compromise legislation that would make it easier… more

In an en banc decision issued last Tuesday, the Third Circuit held that civil actions alleging violations of the Fair Debt Collection Practices Act (FDCPA) must be filed within one year from the date of the violation’s occurrence – and… more

The U.S. Court of Appeals for the Fourth Circuit last month handed manufacturers and wholesalers of off-patent drugs a victory by ruling that Maryland’s anti-price gouging act violates the U.S. Constitution’s dormant commerce clause… more