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May 20, 2013
NJ Assembly Clears Bill To Stop Trucker Misclassification
The New Jersey Assembly on Monday passed controversial legislation that supporters say would crack down on companies that duck taxes and employee benefit obligations by mislabeling port and parcel delivery truck drivers as contractors.
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May 20, 2013
Agencies Deserve Deference On Jurisdiction, Justices Say
The U.S. Supreme Court ruled Monday that courts should apply a deferential standard of review toward a federal agency's definition of its own jurisdiction, siding with the Federal Communications Commission in a fight with local government agencies over zoning rules for wireless facilities.
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May 20, 2013
Texas Sens. Vote To Expand Pipeline Regulator's Reach
The Texas Senate passed legislation Monday that would empower the state's oil and gas authority to impose environmental and safety standards on the operators of some 77,000 miles of unregulated pipeline tributaries throughout the state.
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May 20, 2013
HHS Adjusts Payments For Pre-Existing Condition Plan
The U.S. Department of Health and Human Services issued an interim final rule Friday revamping payment rates for its Affordable Care Act-mandated pre-existing condition insurance plan, saying the program would otherwise run out of funding because of higher-than-expected costs.
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May 20, 2013
Senate Committee Launches Pension-Lender Probe
A U.S. Senate committee announced Monday that it is searching for victims of potential pension-lending schemes, launching an investigation of loans in which retirees sign over benefits for cash but are hit by hidden exorbitant interest rates and fees.
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May 20, 2013
New ITC Rules Aim To Reduce E-Discovery Costs
The U.S. International Trade Commission is set to publish new rules on Tuesday aimed at curbing the costs of e-discovery during patent infringement disputes before the agency.
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May 20, 2013
Manhattan DA Urges Albany To Pass Gov.'s Anti-Corruption Bill
Manhattan District Attorney Cyrus R. Vance Jr. told Albany lawmakers to pass New York Gov. Andrew Cuomo's proposed anti-corruption crackdown this spring, saying Monday that the "strong, significant" reforms need not wait for the recommendations of a high-profile white-collar task force due in July.
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May 17, 2013
Fla. Gov. Signs Sales Tax Break To Bolster Manufacturing
Florida Gov. Rick Scott on Friday signed into law a bill eliminating the sales tax on manufacturing equipment, a move the governor hopes will boost the manufacturing sector in the state.
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May 17, 2013
FBI Wiretap Proposal Raises Cybersecurity Risks, Experts Say
Nearly two dozen computer security experts on Friday criticized an FBI proposal that would force service providers such as Google Inc. and Facebook Inc. to build surveillance backdoors into their products, saying the mandate would open up major security holes that could be exploited by hackers.
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May 17, 2013
FCC Drops More Than 120 'Outdated' Rules
The Federal Communications Commission lifted more than a 120 “outdated” rules on phone companies and partly granted a bid by a broadband communications trade group USTelecom, the agency said Friday just as its Chairman Julius Genachowski exits his role.
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May 17, 2013
Fla. High Court Says City Can't Give Its Lien Superpriority
The Florida Supreme Court on Thursday affirmed a lower court's decision that Palm Bay, Fla., could not give its municipal code enforcement liens a superpriority status over a mortgage held by Wells Fargo Bank NA because it conflicts with state law.
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May 17, 2013
Reps. Call For More Heads In Wake Of IRS Targeting Scandal
More Internal Revenue Service personnel should be ousted for their roles in the tax agency's conspiracy to single out conservative political groups for extra scrutiny, House lawmakers said Friday during a Capitol Hill hearing on the brewing scandal.
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May 17, 2013
NJ Unveils Internet Gambling Regulations
New Jersey on Friday issued regulations to allow New Jersey gambling enthusiasts to place bets over the Internet, which advocates hope will generate more revenue and jobs for the gaming industry in Atlantic City.
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May 17, 2013
USPTO Revamps Rejected-Patent Review Program
The U.S. Patent and Trademark Office on Friday unveiled a revamped version of a popular program launched last year to reduce patent pendency by giving examiners a limited amount of time to consider responses filed after the rejection of a patent application.
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May 17, 2013
Revised Federal Fracking Rule Gives Industry Breathing Room
While oil and gas operators may grumble about the Obama administration's revised hydraulic fracturing rule creating another layer of regulations, attorneys say the industry should be pleased that the current version strives for greater harmony with well-established state regulations and imposes less onerous requirements than the previous edition.
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May 17, 2013
MetroPCS Ditches Challenge To FCC Net Neutrality Regs
MetroPCS Communications Inc., which recently merged with T-Mobile USA Inc., has dropped its challenge in the D.C. Circuit to the Federal Communications Commission's net neutrality rules preventing Internet service providers from blocking or discriminating against legitimate websites, T-Mobile confirmed Friday.
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May 17, 2013
Congress Should Lead On Drone Privacy, Lawmakers Told
A panel of privacy experts pushed House lawmakers on Friday to craft legislation to limit the use of domestic drones and other surveillance technology used by the public and private sectors, saying that it would be unwise to wait for the U.S. Supreme Court to set standards.
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May 17, 2013
GSA, DOD Solicit Advice On Revamping Cybersecurity
The U.S. General Services Administration and Department of Defense are seeking advice regarding cybersecurity standards involved in government contracts, requesting that vendors weigh in on current measures and the potential pitfalls of implementing new ones as part of a national push to revamp cybersecurity.
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May 17, 2013
Obama Budget Would Save $153B In Health Spending: CBO
The president's budget proposal for the 2014 fiscal year would save the U.S. government $153.6 billion in health care spending over 10 years, the biggest chunk of which would come from applying Medicaid's prescription drug rebates to dual eligible beneficiaries, the Congressional Budget Office said Friday.
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May 17, 2013
Enviro Group Loses Challenge To EPA Permit Regulation
A Washington, D.C., federal judge on Thursday axed the National Wildlife Federation's Administrative Procedure Act suit against the U.S. Environmental Protection Agency challenging a regulation governing some water discharge permits, finding the group had not pointed to a final agency action that applied the regulation.
Expert Analysis
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The Evolution Of Ohio's Statute On Employer Tort Claims
With the recent change in Ohio law on employer intentional tort claims comes changes to the good faith obligations an insurance carrier owes to its insureds: In cases involving employer intentional tort claims, insurers may no longer select counsel. Rather, insureds have the right to select counsel with whom they have a preferred relationship and whom they trust, says Thomas Wyatt Palmer of Thompson Hine LLP.
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Tracking Emerging Growth Cos. Under The JOBS Act
Title I of the JOBS Act significantly reformed the IPO process for emerging growth companies. Although it remains to be seen how and when the U.S. Securities and Exchange Commission will implement other provisions of the JOBS Act, we believe that the IPO on-ramp reforms will continue to take on greater importance as they enter their second year, say attorneys with Latham & Watkins LLP.
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A Roadmap For Navigating The Revised USML And CCL
Following six steps will help exporters evaluate the export control classifications of their products under the revised U.S. Munitions List and Commerce Control List, say attorneys with Nixon Peabody LLP.
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SEC Eyes Advisory Contract Approval Disclosures
A recent settlement with the U.S. Securities and Exchange Commission by mutual fund directors and service providers answers a number of questions for many in the mutual fund industry and provides insight into SEC enforcement priorities, say attorneys with Morgan Lewis & Bockius LLP.
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NY Jumps On Domestic Violence Protection Bandwagon
In the last few years, there have been significant legal developments to increase protections for victims of domestic or sexual violence, including New York state's recently approved bill that provides 90 days of job protection to victim-employees. If the bill passes, New York legislation, along with that of Illinois and California, would provide arguably the most expansive state protection in the country, say attorneys with Proskauer Rose LLP.
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Yet Another Cliff-Hanging OIG Report
In its ongoing series of studies and audits, the U.S. Department of Health and Human Services' Office of Inspector General recently released its report on Medicare hospice and general inpatient care. While the report clearly shows the OIG's concern for the substantial percentage of hospices not providing GIP, it also leaves several questions unanswered, say attorneys with Morgan Lewis & Bockius LLP.
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How The Fed's Stress Test Rules Mitigate Systemic Risk
The savings and loan holding company regulatory regime established by the Dodd-Frank Act appears to be having the ultimate effect of reducing the number of SLHCs, especially those that are predominantly insurance enterprises, say attorneys with Debevoise & Plimpton LLP.
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Calif. Moves Forward To Prevent Human Trafficking
In an effort to combat the $32 billion human trafficking industry, California law now requires certain businesses to post public notices regarding slavery and human trafficking. By doing so, the recently passed bill has effectively made these establishments aware that they may already be unwitting participants in the human trafficking industry, say attorneys with Gordon & Rees LLP.
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Benefits For Cloud Providers Adhering To US-EU Safe Harbor
The U.S. Commerce Department recently concluded that the U.S.-EU Safe Harbor's flexibility can account for any potentially unique data protection issue that may be raised by cloud computing, which suggests the program's ongoing value to U.S.-based enterprises seeking to ensure adequate data protection of personal information processed from the EU, say attorneys with Wilson Sonsini Goodrich & Rosati PC.
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SEC Must Stop The Latest Effort To Impede Whistleblowers
Increasingly, employees have been presented with language in severance and settlement agreements that impose on whistleblowers a number of restrictions. These provisions pose a serious threat to the success of the U.S. Securities and Exchange Commission's whistleblower program, say David Marshall and Debra Katz of Katz Marshall & Banks LLP.