News & Analysis as of

Public Policy

Analysis: Calif. Attorney-Officials Must Heed AGs Ethics Warning - BB&K's Gary Schons Writes in Law360 About Opinion on Ethics and...

by Best Best & Krieger LLP on

The California attorney general recently issued an opinion addressing both the attorney ethics and legal conflicts implications posed when an attorney who serves as an elected public official — in the case at hand, a city...more

Fair’s fair: Supreme Court clarifies law on unfairness and equal treatment in judicial review

by Hogan Lovells on

In R (oao Gallaher and others) v CMA [2018] UKSC 25, handed down last week, the Supreme Court has clarified that substantive unfairness is not an established ground of judicial review and that likewise there is no “distinct...more

Aids Healthcare Foundation, Inc. v. Gilead Sciences, Inc.

by Knobbe Martens on

Federal Circuit Summary - Before NEWMAN, DYK, and STOLL. Appeal from the Northern District of California. Summary: A consumer of a patented product has no standing under the Declaratory Judgment Act to challenge the...more

Restructuring and Insolvency Bulletin: Issue 4 - May 2018: Bad Faith and Misconduct Not a Bar to US Recognition of Hong Kong...

by Dechert LLP on

Manley Toys Limited once claimed to be the seventh largest toy company in the world. Due to ongoing litigation and declining sales, it entered into a voluntary liquidation in Hong Kong. On March 22, 2016, the debtor’s...more

Court Of Appeal Of England And Wales Finds That Party’s Forgery Of Documents In Connection With A Transaction Does Not Bar...

by Carlton Fields on

The Court of Appeal of England and Wales has rejected a challenge to an arbitration award issued by the China International Trade Arbitration Commission (the “Tribunal”) against RBRG Trading (UK) Limited in favor of Sinocore...more

Structuurplannen maken plaats voor ruimtelijke beleidsplannen

by DLA Piper on

Vanaf 5 mei 2018 zijn ruimtelijke beleidsplannen hét instrument bij uitstek voor het bepalen van ruimtelijk beleid op lange en middellange termijn. De beleidsplannen zijn opgevat als flexibele instrumenten en vervangen de...more

Staff & Board: Defining Roles, Staying Inside the Lines - Partners Ruben Duran and Christopher Pisano Write for PublicCEO

by Best Best & Krieger LLP on

There is a big difference between crafting policy and the day-to-day running of an agency. Often, the most effective agencies have a solid history and practice of clearly defining the functions of key players. Establishing...more

Key government proposals emerge from select committee hearing on Carillion collapse

by DLA Piper on

The Government has faced significant parliamentary and public pressure to make policy changes to demonstrate that lessons have been learnt and action taken since the collapse of Carillion....more

Agilización de impugnación de licitaciones

by Bilzin Sumberg on

La semana pasada, Rand Corporation, que acaba de completar un análisis del sistema federal de impugnación de licitaciones, anunció que lo que el gobierno federal ha estado haciendo particularmente bien es resolver rápidamente...more

Droplets Drops Its Priority Claim, and Lets E*Trade Crush Its Patent

Details matter in patent law. In Droplets Inc. v. E*Trade Bank, the patentee’s inattention to detail proved costly. Droplets owns US 8,402,115 (“the ‘115 patent”), which is a continuation of US 7,502,838 (“the ‘838...more

SC Supreme Court decides building official's public-policy case

by McNair Law Firm, P.A. on

At-will employment is the normal employer-employee relationship in South Carolina. In 2004, the state legislature passed a law stating that handbooks that took certain reasonable steps did not create a contractual exception...more

Private Attorney General Statute to Award Fees Used in a Reverse-PRA Dispute - Part III: Pasadena Police Officers Association v....

by Best Best & Krieger LLP on

Reversing a lower court, a California appellate court found that a newspaper could recover attorneys’ fees under the Private Attorney General Statute in a Public Records Act suit. The Second District Court of Appeal decision...more

District Attorneys Can Deputize City Attorneys to Prosecute Misdemeanors - Appeals Court Decision Good for California Cities and...

by Best Best & Krieger LLP on

In a victory for cities and counties, a California appellate court confirmed that city attorneys can be deputized by the District Attorney to prosecute misdemeanors, even when the alleged crimes occur outside of the city...more

Property Owner Entitled to Rely on Zoning Administrator Advice

by Snell & Wilmer on

In the recent case of In Re Langlois/Novicki Variance Denial, 175 A.3d 1222, 2017 VT 76 (2017), the Vermont court addressed the question of whether a property owner could enforce – by equitable estoppel principles – a...more

Spring State Court Smorgasbord: Three Decisions Hostile To Arbitration

The focus today is recent state appellate court decisions on arbitration. Because there are an awful lot of them, I am going to divide them roughly into those that are pro arbitration, and those that are hostile to...more

What's New In Washington - April 2018

Congress returned from its spring recess with a host of issues to address—trade, Trump administration nominations and opioid legislation sitting atop the priority list. Given the ongoing data scandal at Facebook, privacy...more

English High Court Applies New “Range of Factors” Test to Defence of Illegality

by Latham & Watkins LLP on

New “range of factors” test suggests broad use in future civil matters and fairer, more nuanced outcomes. The High Court has applied the new fact-sensitive “range of factors” test in Harb v Aziz to determine whether a...more

Holland & Knight's Israel Practice Newsletter: Spring 2018

by Holland & Knight LLP on

Holland & Knight invites you to read our Spring 2018 Israel Practice newsletter, in which our authors discuss pertinent American-Israeli topics. As Israel has been a crossroads and a prolific source of new ideas for more than...more

District Court Orders Petitioner to Seek Termination of IPR based on Forum Selection Clause

A recent case from California reminds patent owners that forum selection clauses can be an important anecdote for PTAB proceedings. In Dodocase VR, Inc. v. MechSource, LLC, 3:17-cv-07088-EDL (N.D. Ca.), the district court...more

Superior Court Of Delaware Rules That Delaware Public Policy Does Not Prohibit Indemnification For Breach Of Duty Of Loyalty Based...

by Shearman & Sterling LLP on

On March 1, 2018, Judge Eric M. Davis of the Superior Court of the State of Delaware denied in part and granted in part the summary judgment motion brought by plaintiff-insurers, which provided directors and officers...more

UT decision on IC

by Hogan Lovells on

In relation to a Freedom of Information Act 2000 (FOIA) request for details of Tony Blair’s private appointments after his tenure as Prime Minister, the Upper Tribunal (“UT”) has confirmed that the First-Tier Tribunal (“FTT”)...more

Florida Court Compels Arbitration Against Nursing Home Despite Flawed Agreement

by Holland & Knight LLP on

A South Florida court of appeal compelled arbitration against a nursing home in a negligence lawsuit after upholding a severability clause despite an unenforceable cap on non-economic damages and prohibition on punitive...more

Second Department Finds Commercial Tenants Can Waive Their Right to a Yellowstone Injunction

On January 31, 2018, the Appellate Division, Second Department affirmed, in a 3-1 decision, the Kings County Supreme Court Commercial Division’s decision, denying 159 MP Corp. and 240 Bedford Ave Realty Holding Corp.’s...more

Increased FTC Enforcement Highlights Need for Cyber-Regulatory Coverage

Regulatory components to cyber insurance policies are becoming increasingly valuable as data-breach enforcement continues to surge. The Federal Trade Commission (FTC or Commission), the nation’s primary privacy and data...more

California Jury Punishes Former Employees for Unfair Play-Only Lawful Competition is Sacrosanct!

by Fisher Phillips on

Notwithstanding California's strong public policy in favor of lawful competitive behavior, California employees' duty of loyalty to their current employer reigns supreme. A violation of that duty can lead to costly jury...more

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Cybersecurity

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