Public Policy

Expert Analysis

• The Top Pennsylvania Employment Law Changes In 2019

  

  This year, equal pay, fair scheduling and paid sick leave updates dominated Pennsylvania’s employment law discussions, but 2020 promises more developments at the local, state and federal levels that will require employers to evaluate their policies and practices, says Stephanie Rawitt of Clark Hill.

• New Proposals Boost UK Energy Storage Projects

  

  The U.K. government has issued revised proposals on the planning process for energy storage projects. Such informed attention and support from the government is critical to enabling energy storage to fulfill its potential as a key part of a flexible energy system, say attorneys with Bryan Cave.

• 7 Questions As We Await HHS Health Info-Blocking Rule

  

  In an upcoming final rule that would dramatically change the landscape of health information disclosures in the U.S. by reversing the typical privacy-governing framework, the U.S. Department of Health and Human Services may address several questions that have been raised during the public comment period, says Alex Dworkowitz at Manatt.

• 3 Ways US Cos. Can Take Advantage Of Tariff Exclusions

  

  As the U.S. and China continue their protracted negotiations over trade agreements, there are actions U.S. businesses can take today in an effort to mitigate damages arising out of the latest round of tariffs on Chinese imports, says Katie Roskam at Varnum.

• HHS Anti-Kickback Plan Could Boost Patient Engagement

  

  The U.S. Department of Health and Human Services' recently proposed safe harbor to the Anti-Kickback Statute represents a welcome relaxation of regulatory barriers, potentially enabling providers to improve patient engagement and deploy technological products aimed at coordinated care, but it may present significant implementation challenges, say attorneys at Moses & Singer.

• SEC Proposals Could Be Game Changing For Proxy Process

  

  Recently proposed rule amendments from the U.S. Securities and Exchange Commission could overhaul the proxy process by making it harder for proxy advisory firms to issue voting recommendations, and by changing the requirements for shareholders submitting proposals, say attorneys at V&E.

• Okla.'s New Facility Audit Law Offers Limited Protections

  

  Oklahoma's new Environmental, Health and Safety Audit Privilege Act is designed to encourage voluntary compliance with environmental and occupational health and safety laws, but businesses should understand the limited scope of the immunity and privilege it offers, say Ashlyn Smith and Jake Krattiger of GableGotwals.

• Removing Reopeners May Speed Up Superfund Settlements

  

  Reopener provisions in natural resource damages settlements under the federal Superfund law are meant to protect the public from post-settlement discoveries, but by undermining the corporate desire for finality in managing liabilities, they make settlements harder to reach, say Amanda Halter and Ashleigh Acevedo of Pillsbury.

• NYC Ballot Measure Likely Signals Modest Land Use Changes

  

  On Nov. 5, New York City approved a ballot measure establishing precertification notice for land use applications and granting more time to community boards to review them. The changes are not revolutionary, but the rules established by the City Planning Commission will determine their ultimate impact, say Ross Moskowitz and Eva Schneider at Stroock.

• Opinion

  Justices Should Use Florist Case To Settle Free Speech Issues

  

  The U.S. Supreme Court should review Arlene’s Flowers v. Washington to answer questions about creative professionals’ First Amendment rights, which the Kentucky Supreme Court did not address in its recent Lexington-Fayette Urban County Human Rights Commission v. Hands On Original decision, says Kristen Waggoner of the Alliance Defending Freedom.

• Key Aspects Of DOJ's Gov't Procurement Antitrust Initiative

  

  The U.S. Department of Justice’s recently announced interagency strike force targets bid-rigging and other antitrust crimes at every level of government, meaning individuals and companies involved in government procurement or grants should prepare for increased scrutiny and enhanced enforcement, say attorneys at Latham.

• Will College Athletes Be Deemed Employees Soon?

  

  In light of the NCAA's recent proposed rule change on student-athlete compensation, and state and federal legislative developments in this area, people are again questioning whether student-athletes should be considered employees of the universities for whom they serve as a major revenue stream, says Sara Moore of Nemeth Law.

• Warren Bill Presents Powerful Headwinds For Private Equity

  

  If passed, Sen. Elizabeth Warren's private equity reform bill would protect companies being purchased by private equity, but impose significant restrictions on funds by eliminating the liability shield and favorable tax treatment they currently enjoy, say Jon Brose and Kevin Neubauer at Seward & Kissel.

• FAA Efforts Aim To Reduce Drone Jurisdictional Disputes

  

  Local and state laws concerning drones are widespread, but so, too, are confusion and disagreement over the extent of federal jurisdiction in this area. The Federal Aviation Administration's forthcoming remote identification rules may help resolve some of these conflicts, says Mark Dombroff of Fox Rothschild.

• How To Hire Lateral Partners More Effectively

  

  Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.