Regulatory Reform: Be Careful What You Wish For

By | EnviroStructure | April 12, 2017
Regulatory Reform: Be Careful What You Wish For A constant refrain from clients over the years, in both the public and private sectors, is that certainty may be the most valuable characteristic of any regulatory program.  The “Waters of the United States” controversy perfectly illustrates this perspective.  One could argue whether the Army Corps of Engineers’ reach over jurisdictional waters governed by Section 404 of the Clean Water Act has expanded or contracted over the years.  View Full Post
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Overview of Ransomware Attacks

Overview of Ransomware Attacks In the most recent edition of his CyberSide Chat series, Socially Aware contributor Andy Serwin discusses ransomware attacks, including: the reasons why ransomware attacks are becoming more common; the types of ransomware attacks companies should prepare to address; and the strategies that companies can employ to help guard against, and to help mitigate the damage arising from, these types of cybersecurity breaches. View Full Post
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Missoula, Montana Sign Code Withstands First Amendment Challenge

Last week, the U.S. District Court for the District of Montana issued an order granting the City of Missoula’s motion for summary judgment in a case challenging the constitutionality of its sign code.  The court found that the city’s code was content neutral as applied to the plaintiff, and that the code satisfied the Central Hudson intermediate scrutiny test for commercial speech regulations. View Full Post
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The Rise of Concierge Retail

The Rise of Concierge Retail Retailers have always had to balance a number of different competing factors in order to stay competitive, including location, marketing and convenience. As discussed in this space, in today’s market, many retailers are employing an omni-channel retail strategy, making their items available for purchase through multiple channels, such as in-store, online and via smartphone devices. View Full Post
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Bundled Payments Out in the Cold? Another Delay for Mandatory Bundled Payment Models

Bundled Payments Out in the Cold? Another Delay for Mandatory Bundled Payment Models This most recent delay raises questions concerning how the Trump administration intends to implement value-based payment in the Medicare program. The Centers for Medicare and Medicaid Services (CMS) has delayed again the implementation date of its final rule mandating hospital participation in two new cardiac episode-based payment models (EPMs) and an expansion of the Comprehensive Care for Joint Replacement (CCJR) program that began in April 2016 (EPM rule). View Full Post
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Employer Defeats Novel TCPA Class Action

Employer Defeats Novel TCPA Class Action Seyfarth Synopsis: In a first-of-its kind ruling, an employer recently secured the dismissal with prejudice of what is believed to be one of the first Telephone Consumer Protection Act class actions ever brought against a company while acting as an employer – specifically in this instance, the use of robo-calls to contact applicants about employment opportunities. View Full Post
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Civil Forfeiture Under Fire – Part II

Civil Forfeiture Under Fire – Part II In this post, we consider the Department of Justice’s (DOJ) Office of the Inspector General report (OIG Report), released on March 29, 2017, evaluating the DOJ’s oversight of its cash seizure and forfeiture operations.  This post is a companion to yesterday’s piece addressing the Treasury Inspector General for Tax Administration (TIGTA)’s recent report on IRS civil forfeiture for structuring violations.  View Full Post
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Is Justice Burke More Likely to Start the Questioning When She’s Writing an Opinion?

Is Justice Burke More Likely to Start the Questioning When She’s Writing an Opinion? Yesterday, we analyzed the data from nine years’ worth of oral arguments in civil cases, looking at correlations between Justice Burke’s question patterns, her voting and whether she wrote an opinion in a given case.  Today, we address whether Justice Burke is statistically more likely to be writing an opinion in cases where she asks the first question of either side. View Full Post
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Congress Takes Further Aim at Negative Option Programs

Congress Takes Further Aim at Negative Option Programs It’s no secret that automatic renewal (or continuity or negative option programs) are on many regulators hit lists. Regulators argue that consumers are often unaware that they have signed up for services or products for which they will be billed on a monthly basis unless and until they cancel, particularly when it involves a free trial period. View Full Post
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