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May 10, 2013
Dem Wants 10 More Years Of Terrorism Reinsurance Program
Rep. Bennie Thompson, D-Miss., introduced legislation Thursday that would renew a federal terrorism reinsurance program for a decade and switch up how the backstop would be triggered.
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May 10, 2013
Lawmaker Wants App Makers To Ask For Data Mining Consent
Rep. Hank Johnson, D-Ga., introduced legislation Thursday designed to boost privacy on mobile devices by requiring app developers to get consent from consumers before collecting data and to securely maintain the data they collect.
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May 10, 2013
NY Judge Rejects Delay Of Wider Plan B Access
A New York federal judge on Friday refused to suspend his order mandating unfettered access to Plan B and similar emergency contraception, but said he would delay requiring compliance so that the Obama administration can pursue a "frivolous" appeal at the Second Circuit.
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May 10, 2013
GAO Sides With Protest Of Nuclear Weapons Security Contract
The U.S. Government Accountability Office has partly sustained two companies’ protests of a $23 billion government contract awarded to Consolidated Nuclear Security LLC for maintenance and protection of the nation's nuclear weapons, according to a decision made public Thursday.
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May 9, 2013
Do-Not-Track Moves Forward, But Deadline Doubts Linger
A working group tasked with establishing an online tracking standard concluded its final in-person meeting Wednesday with a pledge to complete the mechanism by July, but several participants remained skeptical that the group could overcome a long-standing lack of consensus to meet its goal.
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May 9, 2013
Comp Time Bill Faces Uphill Battle With Senate Democrats
The U.S. House passed controversial legislation Wednesday that would allow private-sector employers to offer paid time off or “comp time” in lieu of overtime compensation, and though the bill's proponents tout it as a win for employers and workers, lawyers say it has scant prospects for becoming law in the Democrat-controlled Senate.
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May 9, 2013
Restored Privacy Board Lends Crucial Eye To Data Practices
In finally confirming a long-dormant privacy board's chair Tuesday, the U.S. Senate restored to full strength an oversight mechanism that industry watchers say will change the way both the public and private sectors gather and share information, despite the board's lack of resources and binding authority.
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May 9, 2013
NJ Senate Panel Approves Medicaid Expansion
A New Jersey Senate committee on Thursday approved a bill to expand the state’s Medicaid eligibility, as state lawmakers begin formalizing the expansion of the federal health coverage program following Gov. Chris Christie’s reluctant acceptance of funding under the Affordable Care Act.
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May 9, 2013
HHS To Give $150M To Health Centers For ACA Enrollment
The U.S. Department of Health and Human Services will provide $150 million for community health centers to help the uninsured enroll in Medicaid and private health plans on the Affordable Care Act's insurance exchanges, the department announced Thursday.
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May 9, 2013
Fla. Court Revives Enviros' Petition Over Marsh Dumping Plan
A Florida appeals court on Thursday rebuffed a state environmental agency for throwing out the petition of two environmental groups seeking to prevent a marsh from being filled with millions of pounds of sand, saying improper materials were considered in tossing a request for administrative review.
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May 9, 2013
Lawmakers Press Supplement Cos. About DMAA Sales
Three Republican lawmakers questioned General Nutrition Centers Inc. and USPlabs LLC on Wednesday about their continued sale of workout supplements containing DMAA, an ingredient declared illegal and potentially unsafe by the U.S. Food and Drug Administration.
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May 9, 2013
Spanish Antitrust Guidelines May Boost Leniency Filings
Spain's antitrust watchdog laid out proposed guidelines Wednesday outlining its leniency program for cartel cases, a move that doesn't address the agency's internal conflicts about when leniency is appropriate but that could still boost its enforcement efforts.
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May 9, 2013
Bipartisan Bill Would Legalize Cellphone Unlocking
Legislation introduced Thursday by a bipartisan group House lawmakers would make it permanently legal for smartphone and tablet users to unlock their mobile devices, resolving a controversial component of the Digital Millennium Copyright Act that currently bans the practice.
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May 9, 2013
NYC’s Bike-Share Program Could Spark Tour De Litigation
The long-awaited Citi Bike program is set to launch a fleet of riders who could subject New York City to liability far beyond the $10 million in annual insurance provided by operator Alta Bicycle Share Inc., some lawyers say, but the city has made key legislative changes that could end up limiting the impact of any potential litigation.
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May 9, 2013
Obama Taps Ex-Debevoise Partner For NY Federal Bench
President Barack Obama has nominated current U.S. Department of Energy general counsel and former Debevoise & Plimpton LLP partner Gregory H. Woods to a judgeship in the Southern District of New York, the White House said Thursday.
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May 9, 2013
Bill Would Speed Up Natural Gas Pipeline Approvals
U.S. Rep. Mike Pompeo, R-Kan., introduced a bill Thursday that would fast-track the federal permitting of natural gas pipeline projects, including automatically issuing a permit if the government doesn't act on its application within the accelerated timeframe.
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May 9, 2013
Fla. Justices Expand Magistrate Judge Role In Foreclosures
The Florida Supreme Court on Thursday approved amendments to the state's rules of civil procedure that will expand the use of general magistrate judges to help process the mortgage foreclosure cases currently clogging the court system.
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May 9, 2013
Obama Orders All Agencies To Make Info More Accessible
President Barack Obama on Thursday issued an executive order directing federal agencies to make information more accessible to the public, saying it will encourage private-sector innovation and economic growth while increasing government efficiency and transparency.
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May 9, 2013
SEC Asset Management Chief Jumps To Prudential
Bruce Karpati, who oversaw a recent private equity industry crackdown as head of the U.S. Securities and Exchange Commission's asset management unit, has left the agency to become chief compliance officer for Prudential Financial Inc.'s mutual fund business, he said Thursday.
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May 9, 2013
Mich. Can Bar Schools From Collecting Union Dues: 6th Circ.
The Sixth Circuit on Thursday gave Michigan the green light to block public schools from deducting union dues from employees’ payroll, finding the law doesn't violate the First Amendment because the Constitution guarantees only free speech, not the use of government processes to collect funds for that speech.
Expert Analysis
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A Brave New World For Bank Regulation
It is imperative for banks, thrifts and other financial institutions to address the heightened regulatory scrutiny and program risks presented by compliance with the Bank Secrecy Act, anti-money laundering laws and the Office of Foreign Assets Control. The details of some recent enforcement actions provide a compelling view of federal regulators’ current mindset, as well as where we are heading, say attorneys with Paul Hastings LLP.
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5 Tips For Staying Ahead Of Mobile Privacy Enforcement
Mobile marketing is one of the important privacy trends for companies to pay attention to this year. There are five ways companies that are interested in implementing compliance programs can stay out of regulatory enforcement or class actions, say attorneys with Edwards Wildman Palmer LLP.
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Beware Pharmacy Record-Keeping Violations
CVS Pharmacy Inc. recently agreed to pay $11 million to the federal government to resolve allegations of deficient record-keeping in regard to prescriptions for controlled substances. Although the allegations involved several CVS pharmacies in Oklahoma, the deficiencies noted have application to all pharmacies, says Ronald Friedman, a shareholder with Lane Powell PC and former federal prosecutor.
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Get Ready For Increased Minimum Wages
In preparation for increasing minimum wages across the country, employers should update their payroll practices, place workplace posters concerning minimum wage appropriately and ensure that employees are correctly classified as exempt or nonexempt, say attorneys with Edwards Wildman Palmer LLP.
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The Road That Led To Standard Fire V. Knowles
In the years since the enactment of Class Action Fairness Act, the circuit courts have been split on whether a class-plaintiff may thwart federal review by merely stipulating to damages less than the jurisdictional threshold. The U.S. Supreme Court's unanimous decision in Standard Fire Insurance Co. v. Knowles recently settled this split, breathing strength into CAFA’s congressional intent, say attorneys with Day Pitney LLP.
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Who Should Represent Board Compensation Committees?
As the Dodd-Frank Act provisions on executive compensation and corporate governance phase in, one of the many lingering questions is whether Dodd-Frank Act Section 952 (b) will nudge the board compensation committees of America’s publicly traded companies to retain their own independent legal counsel. This could get ugly, says Michael Melbinger of Winston & Strawn LLP.
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Ins And Outs Of Iran Disclosure In SEC Filings
Although the annual reporting season has ended for many public companies, the determination whether disclosure under the Iran Threat Reduction and Syria Human Rights Act of 2012 is required must be performed on a quarterly basis, say Laura Richman and Michael Hermsen of Mayer Brown LLP.
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Parties Involved In RIN Fraud, EPA Will Protect You
In response to fraud in the renewable identification number market, the U.S. Environmental Protection Agency recently proposed a rule amending the renewable fuel standard program. It is not clear yet what type of RIN, among the three that the rule sets up, will be preferred by petroleum refiners, but at least the first two options give parties protection from the civil penalties they previously faced for invalid RINs, says Anisha Sud of King & Spalding LLP.
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Penn. Picks A Peck Of Public-Private Partnerships
Pennsylvania's new Public and Private Partnerships for Transportation Act should stimulate private investment in public highways, bridges and other facilities where governments confront funding restraints. Private firms should appreciate that interest in P3 programs is high and competition for projects is likely to be intense, say Ralph Finizio and Ryan Stewart of Pepper Hamilton LLP.
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What The SEC's Social Media Report Means For Your Company
Given the increasing frequency with which public companies are using social media to engage with clients, customers, employees, shareholders and other key constituents, the guidance in the U.S. Securities and Exchange Commission's recent report on using social media to announce information in compliance with Regulation FD is welcome, say attorneys with Skadden Arps Slate Meagher & Flom LLP.