News & Analysis as of

Ex-Parte Communications

CFPB’s Ombudsman’s Office issues sixth annual report

by Ballard Spahr LLP on

The CFPB’s Ombudsman’s Office has issued its sixth annual report covering the Office’s activities during fiscal year 2017 (October 1, 2016 through September 30, 2017).  The role of the Ombudsman’s Office is to assist in the...more

STB Revisits its Ban on Ex Parte Communications in Rulemaking Proceedings

by Holland & Knight LLP on

The Surface Transportation Board has taken a significant step in modernizing its regulatory processes by proposing to eliminate its long-standing prohibition on ex parte communications in its informal rulemaking proceedings....more

Product Liability & Complex Litigation Vol. 1, No. 1

by Butler Snow LLP on

We are pleased to provide you with this edition of the firm’s Product Liability & Complex Litigation Update. This edition contains several articles by our attorneys that we hope you find interesting and informative from...more

CFPB’s Ombudsman’s Office issues fifth annual report

by Ballard Spahr LLP on

The CFPB’s Ombudsman’s Office has issued its fifth annual report covering the Office’s activities during fiscal year 2016 (October 1, 2015 through September 30, 2016).  The role of the Ombudsman’s Office is to assist in the...more

New Legislation Changes Rules for Ex Parte Communications at the CPUC

by Morrison & Foerster LLP on

Anyone with business before the California Public Utilities Commission (CPUC) needs to be familiar with the CPUC’s rules governing ex parte communications. “Ex parte communications,” or “ex partes,” are direct, nonpublic...more

Ex Parte Communications Between Reinsurer’s Attorney And Party-Appointed Arbitrator Lead To Vacatur Of Award

by Carlton Fields on

The Sixth Circuit recently held that a lower court erred by refusing to vacate an arbitration panel’s interim and final awards due to ex parte communications between one of the arbitrators and the attorney for the appellee,...more

HIPAA Does Not Preempt Statutory Right to Ex Parte Interviews of Treating Physicians in Tennessee Health Care Liability Actions

by Butler Snow LLP on

A key tool for the defense of medical providers in Tennessee facing malpractice liability has been held to be not preempted by federal law. On June 3, 2016, the Tennessee Court of Appeals, in Caldwell v. Baptist Memorial...more

California Environmental Law & Policy Update - May 2016 #3

by Allen Matkins on

Environmental and Policy Focus - In sharp reversal, California suspends mandatory water restrictions - New York Times - May 18 - The State Water Resources Control Board (SWRCB) on Wednesday suspended its...more

Ask But Don’t Tell: Kentucky Allows Defendant to Seek Ex Parte Interviews of Plaintiff’s Treating Physicians

by Reed Smith on

We walked into the Drug and Device Law Rock Climber’s room last night to find her packing for her return to college while the ignored TV blared in the background. Onscreen was a popular cable reality franchise involving...more

FCC Regulation of Internet Video: Implications for Local Government and Community Media

by Best Best & Krieger LLP on

As the Federal Cable Communications Commission gets ready to adopt a new rule on how to modernize the definition of a multichannel video programming distributor to include companies that provide video via the public Internet,...more

Ten Questions To Ask Your Client Before Seeking To Enforce A Restrictive Covenant Or Confidentiality Agreement

by Snell & Wilmer on

The phone rings on a Wednesday afternoon. In a panic, your longtime client explains that a hotshot employee has unexpectedly fled to a competitor a few months before the launch of a top secret new product. The client is...more

Communicating With Putative Class Members in Complex Employment Litigation

by Faegre Baker Daniels on

In the early stages of an employment class or collective action, employers and their counsel often are eager to contact putative class members. For example, defense counsel may wish to interview putative class members in...more

Washington State Supreme Court Limits Attorney-Client Privilege for Healthcare-Provider Corporations

In a major decision that affects healthcare-provider corporations, the Washington State Supreme Court significantly limited attorneys’ ability to engage in privileged conversations with the provider corporation’s employed...more

Ex Parte Contacts

In Samsung Electronics Co., Ltd. in Black Hills Media, LLC, IPR2014-00717 Papers 6 and 7, IPR2014-00735, Papers 8 and 9 (July 10, 2014), the patent owner sent an improper email to the Board. In response, the petitioner send...more

Lawyers and Social Media: Ethical Considerations, Problems and Pitfalls

Social media provides an extraordinary means not only to communicate and share information, but also to obtain information that may lead to incriminating, exculpatory and impeachment evidence for use in discovery and at...more

Reinsurance Redux - Winter 2014

In This Issue: - New York District Court Grants Summary Judgment for Reinsurer Where Insured’s Loss Did Not Reach Attachment Point Necessary to Trigger Coverage: The United States District Court for the Southern...more

PA Tax Law News -- December 2013: Board of Finance and Revenue Changes Awaited

by McNees Wallace & Nurick LLC on

As this issue went to press we awaited official announcement of the Governor’s two nominees, and the State Treasurer’s designee, to the Board of Finance and Revenue. The Board was reconstituted by Act 52 of 2013 (see article...more

PA Board of Finance and Revenue Reconstituted as Independent Tax Tribunal

Effective April 1, 2014, Pennsylvania’s Board of Finance and Revenue will be reconstituted with independent voting members and other improved procedures. (HB 465) This is a change we and many other practitioners, as well as...more

Changes Ahead For The Texas Railroad Commission?

by Gray Reed & McGraw on

The Texas Railroad Commission is going through the Sunset review required every 10 years for all state agencies. If approved, the pending legislation (House Bill 2166) would...more

Ethics Advisory Panel Concludes that Ex Parte Communications with Adversary’s Former Employee Are Permitted in Rhode Island

In January, Rhode Island Lawyers Weekly identified the Most Important Decisions of 2012. Among the featured decisions was the Rhode Island Supreme Court Ethics Advisory Panel’s Opinion No. 2012-02, a decision that adds yet...more

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