News & Analysis as of

Public Policy

New Jersey Proposes to Drastically Restrict the Use of Non-Compete Agreements

Last month, the New Jersey State Senate introduced Senate Bill 3518 (the “Bill”), which, if passed, will severely restrict the use and enforceability of employee non-compete agreements in the state of New Jersey. Most...more

Florida Court Rejects Property Insurer’s Effort To Limit Assignment Of Benefits

by Carlton Fields on

An assignment of benefits (AOB) is a legal tool that allows a third party to be paid for services performed for an insured property owner who would normally be reimbursed by the insurance company directly after making a...more

Connecticut District Court Provides Interpretation of ACA Provision - Decision Allows Insurers to Circumvent Hospitals in...

by Holland & Knight LLP on

• The ACA does not prevent insurers from declining to directly reimburse out-of-network hospitals for emergency care, and instead adjudicate and administer claims directly with individual patients, the U.S. District Court for...more

Senate, House Tax Reform Bills at Odds on Tax Exempt Bonds for Nonprofit Organizations, Including Health Care

by Polsinelli on

On November 9, the Senate released the Joint Committee on Taxation, Description of the Chairman’s Mark of the “Tax Cuts and Jobs Act,” which summarizes the Senate’s version of a “Tax Cuts and Jobs Act” bill (the “Senate...more

OCC’s call for study of separation of banking and commerce: revisited topic with a new twist

by Thompson Coburn LLP on

According to Acting Comptroller of the Currency Ken Noreika, the time is right to reconsider the U.S. policy of limiting the ability of banking and commercial businesses to mix together. ...more

West Virginia Plaintiffs Haunted by Past Excesses

by Reed Smith on

We remember how, shortly after the atrocious decision in Johnson & Johnson v. Karl, 647 S.E.2d 899 (W. Va. 2007), rejecting altogether the learned intermediary rule, litigation tourists visiting West Virginia argued that Karl...more

New Law Requires NYC Condos and Coops to Adopt Smoking Policies

by Cozen O'Connor on

Every residential building in New York City is now required to establish and display a smoking policy that specifies where smoking is and is not permitted on the property by August 28, 2018, pursuant to Local Law 147 (LL...more

Feel the Cultural Shift?

by Atma Global on

Cultural progress rarely unfolds in a neat, linear path. In the past couple of weeks, we’ve been witnessing just how turbulent this progress can be—as evidenced by the seismic changes in cultural attitudes that have occurred...more

When Being a Good Neighbor Can Expose You to Liability

by Ruder Ware on

In Wisconsin, we have a strong tradition of landowners opening up their land to snowmobile clubs, hunters, trappers, cross-country skiers, and other members of the public. While giving visitors the chance to enjoy the...more

Sanctions Award Strengthens Fight to Protect Confidential Company Records

On October 18, 2017, a federal district judge in Alaska ordered a former employee to pay nearly $170,000 of his ex-employer’s legal fees as sanction for removing nine attorney-client privileged documents prior to his...more

Episode 24: EEOC Commissioner Chai Feldblum Part I: Employers' "Superstar Harassment" Problem

by Akerman LLP on

Amidst seemingly endless sexual harassment headlines, Matt Steinberg welcomes EEOC Commissioner, Chai Feldblum, to discuss the "Superstar Harasser" epidemic. The discussion will explore what companies can do to prevent and...more

Email Discussions May Be Next: Mississippi Supreme Court Declares Closed-Door “Non-Quorum” Meetings Illegal

The Mississippi Open Meetings Act provides that “the formation and determination of public policy is public business and shall be conducted in open meetings.” Notwithstanding this command, some public boards in Mississippi...more

Restructuring and Insolvency Bulletin Issue 2 - 2017: U.S. Court recognizes a Russian bankruptcy case

by Dechert LLP on

The Bankruptcy Court of the Southern District of New York recently addressed objections to the recognition of a Russian bankruptcy case as a foreign main case under Chapter 15 of the U.S. Bankruptcy Code and to the...more

Insuring the Product Liability Risks of Cannabis

by Wilson Elser on

Legal adult-use marijuana is associated with risks that may cause bodily injury and property damage. Many of these risks have been well documented and widely discussed in the media, including theft, fire, motor vehicle...more

US Bankruptcy Filing Limitations - How Far Can You Go?

by Dechert LLP on

In order to file for bankruptcy, a corporate entity must be legally authorized to do so. Whether the bankruptcy petition has been duly authorized is governed by state law and often depends on the entity’s governance...more

Bankruptcy Restrictions in Operating Agreement Held Unenforceable

In In Re Lexington Hospitality Group, LLC, the United States Bankruptcy Court for the Eastern District of Kentucky thwarted a lender’s efforts to control whether its borrower could file bankruptcy. As a condition to the loan,...more

One pig is ousted from the public trough, but what about his health care harms?

Tom Price, the orthopedist and foe of the Affordable Care Act, may have been jettisoned from his job as Health and Human Services secretary, but his agency’s effort to sabotage Obamacare smolders on....more

House Contemplates Upheaving Federal Reserve’s Responsibilities

by Goodwin on

On September 12, 2017, the U.S. House of Representatives’ Financial Services Subcommittee on Financial Institutions and Consumer Credit and the Subcommittee on Monetary Policy and Trade conducted a joint hearing titled,...more

California Employment Law Notes - September 2017

Jobseeker Website May Be Compelled To Disclose Identity Of Anonymous Posters Who Criticized Employer - ZL Technologies, Inc. v. Does 1-7, 13 Cal. App. 5th 603 (2017) - ZL Technologies brought suit, alleging libel per se and...more

OPEN QUESTION: Applicability of Anti-SLAPP Act in Federal Court

by Strasburger & Price, LLP on

A recent Fifth Circuit opinion in a defamation action is raising concerns among media lawyers. The Fifth Circuit Decision - In Block v. Tanenhaus,[1] Walter Block appealed the dismissal under Louisiana’s anti-SLAPP...more

News from Abroad -- Mexican Antitrust Authority Study on Generic Drug Entry – Recommendations on Changes to Public Policy -- Part...

In the first three installments of this series, we've explained the general purpose of the study, and gone through the sections of patents, marketing authorizations and strategic behavior of the study published on August 9,...more

"Better Deal" Legislative Proposal Would Overhaul U.S. Antitrust Merger Review

by Jones Day on

A number of Democrats in Congress have proposed to revamp U.S. antitrust law with a "Better Deal" economic plan. The proposed legislation takes aim at large corporations and includes measures that are at odds with decades of...more

Nevada Supreme Court Clarifies the Litigation Waiver of the One-Action Rule

by Snell & Wilmer on

Nevada has a one-action rule which, with limited exceptions, requires a creditor seeking to recover a debt secured by real property to proceed against the security first prior to seeking recovery from the debtor personally....more

Balancing Undue Hardship and Reasonable Accommodation with Employees Using Medical Marijuana Lights Up in Massachusetts Court

by LeClairRyan on

In a recent case, the Supreme Judicial Court of Massachusetts (the “SJC”) held that medical marijuana may constitute a “reasonable accommodation” for employees.  As a result, employers may not terminate employees for failing...more

Awaiting a monumental decision by the President

by Hogan Lovells on

As expected, Secretary of the Interior Ryan Zinke on Thursday delivered his draft report to the President regarding the fate of certain national monuments, as directed by Executive Order No. 13792. Specifically, the President...more

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