Counsel News and Events for Attorneys and Executives

Tag: AdministrativeLaw

2018’s Top 10 Legal Challenges in Privacy and Data Security

2018’s Top 10 Legal Challenges in Privacy and Data Security

Insight
In an article for Bloomberg Big Law Business, Wiley Rein LLP’s Kirk Nahra details the top-10 U.S. and international developments in 2018 that companies must be aware of to ensure an effective information security program.

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Labor Board Burns Through Obama-Era Rules

Labor Board Burns Through Obama-Era Rules

News
In recent days, the independent board tasked with enforcing fair labor practices and collective bargaining rights overruled three Obama-era rules in a series of 3-2 rulings, The Hill reports.

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Fear Mounts Inside USDA over Trump’s General Counsel Pick

News
Politico is reporting that morale among many of the Agriculture Department’s legal staff has plummeted since Stephen Vaden, the Trump administration’s nominee to be USDA General Counsel, assumed leadership in March, say several agency attorneys from across the country.

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FCC Plan Would Give Internet Providers Power to Choose the Sites Customers See and Use

FCC Plan Would Give Internet Providers Power to Choose the Sites Customers See and Use

News
The Washington Post reports that federal regulators unveiled a plan Tuesday that would give Internet providers broad powers to determine what websites and online services their customers can see and use, and at what cost.

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AT&T Counsel, an Ex-Trump Attorney, Calls DOJ’s Suit on Time Warner Deal ‘Fake Antitrust’

News
“There is no credible evidence” that AT&T’s proposed $85.4 billion acquisition of media powerhouse Time Warner poses any threat to industry competition or consumer prices, AT&T attorney Dan Petrocelli told CNBC.

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Now That FERC Is Back In Action, Will It Keep Pace With States on Energy Storage?

Insight
State action is robust, and state regulatory authorities are routinely emerging as thought leaders in energy storage initiatives, according to Morgan, Lewis & Bockius.

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Wall Street Penalties Have Fallen in Trump’s First Year, Study Says

Wall Street Penalties Have Fallen in Trump’s First Year, Study Says

News
In its latest fiscal year, Wall Street’s top regulator sought the smallest amount of penalties since 2013, a drop that could show a softer approach to policing wrongdoing, Bloomberg reports.

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AT&T Would Win a Fight With DOJ Over Time Warner Deal, Analyst Says

AT&T Would Win a Fight With DOJ Over Time Warner Deal, Analyst Says

News
AT&T and the Justice Department could be on their way to a major court battle, which one analyst believes the company stands a strong chance of winning, CNBC reports.

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U.S. States Allege Broad Generic Drug Price-Fixing Collusion

U.S. States Allege Broad Generic Drug Price-Fixing Collusion

News
The states said the drugmakers and executives divided customers for their drugs among themselves, according to Reuters.

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Silicon Valley Software Startup, Ex-CEO Fined Nearly $1M

Silicon Valley Software Startup, Ex-CEO Fined Nearly $1M

News
Zenefits will pay a $430,000 penalty and the co-founder/former chief executive has been fined more than $533,000, Reuters reports.

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Will the Supreme Court End Employment Contract Arbitration Clauses?

Will the Supreme Court End Employment Contract Arbitration Clauses?

Insight
The relevant cases being considered are from the 5th Circuit, which found the arbitration clause did not violate the NLRA, and the 7th and 9th circuits, which found similar clauses unenforceable.

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Undefinitized Contracts – Turner Construction Co. v. Smithsonian Institution

Insight
The Civilian Board of Contracts Appeals recently issued a decision addressing how a board should respond if the contracting parties cannot agree to a firm price for an undefinitized contract that a contractor fully performs, reports Bradley Arant Boult Cummings LLP.

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SEC Probing Pepsi’s Former GC After She Claimed She Was Wrongly Ousted

News
The former GC of PepsiCo Inc. is the focus of an investigation by the SEC after she claimed she was fired in retaliation for the way she handled earlier internal probes concerning allegations of wrongdoing in Russia.

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Register for the Healthcare Enforcement Compliance Institute

Register for the Healthcare Enforcement Compliance Institute

Event, Oct. 29-Nov. 1, 2017
The event will give participants the opportunity to go beyond legal analysis, learn how to implement systems that ensure the law is followed, and gain practical advice from experts in a one-of-a-kind forum

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Before the Breach, Equifax Sought to Limit Exposure to Lawsuits

News
Before Equifax discovered a massive computer breach that exposed sensitive information about millions of Americans, the company lobbied Congress on legislation to limit how much it could be forced to pay if sued by consumers, reports The Washington Post.

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How Supreme Court Justices Could Avoid Issuing a Verdict on Trump’s Travel Ban

How Supreme Court Justices Could Avoid Issuing a Verdict on Trump’s Travel Ban

News
Getting rid of the case would allow the justices to avoid second-guessing the president on a matter of national security or endorsing an especially controversial part of Trump’s agenda, the AP reports.

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Despite EPA’s Insistence, Clean Power Plan Remains ‘The Law Of The Land,’ Democratic State Officials Insist

News
The battle over the Clean Power Plan has intensified as Democratic state officials are publicly locking horns with the U.S. EPA over the legal advice that he has given to states that oppose the Obama-era carbon-cutting plan, reports Forbes.

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Church-State Debate Surfaces in Hurricane Harvey’s Wake

News
Three small Texas churches recently sued the Federal Emergency Management Agency, alleging the government’s disaster relief policy violates the Constitution by denying faith groups the right to apply for funds.

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FERC is Back and Faces a Full Plate of Electricity Issues

FERC is Back and Faces a Full Plate of Electricity Issues

Insight
With two new commissioners confirmed by the Senate and sworn in, FERC’s seven-month period without a quorum is over and it can get back to business, reports Covington & Burling on its Inside Energy & Environment blog.

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New U.S. Rule on Class Actions Survives First Challenge

New U.S. Rule on Class Actions Survives First Challenge

News
Reuters reports that the Consumer Financial Protection Bureau’s rule abolishing “mandatory arbitration clauses” was released on July 10, and was immediately threatened by Republicans in Congress and President Donald Trump’s administration

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