Latest News

US Supreme Court’s ‘Salman v. US’ Decision Answers One Insider-Trading Question, Leaves Others Unresolved

WLF Legal Pulse - Thu, 12/08/2016 - 11:20am
Featured Expert Contributor — Corporate Governance/Securities Law Stephen M. Bainbridge, William D. Warren Distinguished Professor of Law, UCLA School of Law In Salman v. United States, the US Supreme Court returned to the problem of insider trading for the first time in almost two decades. The Court reaffirmed a rule from prior insider-trade caselaw that […]
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Ninth Circuit Holds Anti-GMO Regulations in Hawaii Preempted by Federal and State Law

WLF Legal Pulse - Thu, 12/08/2016 - 10:30am
On November 18, the US Court of Appeals for the Ninth Circuit held that federal and state law preempted three county laws in Hawaii that put restrictions on commercial farmers’ planting of genetically-engineered seeds.  The WLF Legal Pulse blogged about the oral arguments this summer.  The decisions, Atay v. County of Maui, Hawaii Papaya Industry […]
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Consumer Product Safety Commission Seeks Comment on Its Notice of Proposed Rulemaking on Safety Standards for Portable Generators

Office of Advocacy - Tue, 12/06/2016 - 12:10pm

On November 21, 2016, the Consumer Product Safety Commission (CPSC) published a notice of proposed rulemaking on Safety Standards for Portable Generators. The proposed regulation aims to lower the unreasonable risk of injury and death due to CO emissions by setting specific CO emissions guidelines. The rule would require that portable generators powered by handheld spark-ignition (SI) engines of various classes fall within specific CO emissions rates. The CPSC has concluded that the rule will have a significant impact on a substantial number of small entities.

Categories: Latest News, SBA Advocate

DOJ Announces Intent to Go Criminal in Wage-Fixing and No-Poaching Antitrust Cases

WLF Legal Pulse - Wed, 11/30/2016 - 2:15pm
Featured Expert Contributor — Antitrust & Competition, U.S. Department of Justice Anthony W. Swisher, a Partner in the Washington, DC office of Squire Patton Boggs (US) LLP In April of this year President Obama issued an executive order designed to “protect American consumers and workers and encourage competition in the U.S. economy … .” The […]
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IRS Proposes Rules on LIFO Pooling

Office of Advocacy - Wed, 11/30/2016 - 12:18pm

IRS Proposes Rules on LIFO Pooling

On November 28, 2016, the Internal Revenue Service (IRS) issued proposed rules relating to the establishment of dollar-value last-in, first-out (LIFO) inventory pools by certain taxpayers that use the inventory price index computation (IPIC) pooling method. The proposed regulations provide that when the IPIC pooling method is used, purchased inventory goods and produced inventory goods may not be included in the same IPIC LIFO pool.

Categories: Latest News, SBA Advocate

FY 2017 Verification and Validation Forms

Office of Advocacy - Mon, 11/28/2016 - 3:45pm

View supporting documentation for performance indicators.

Categories: Latest News, SBA Advocate

FY 2016 Verification and Validation Forms

Office of Advocacy - Mon, 11/28/2016 - 3:10pm

View supporting documentation for performance indicators.

Categories: Latest News, SBA Advocate

CFPB Proposal Unconstitutionally Imposes Prior Restraint on Regulated Entities’ Speech

WLF Legal Pulse - Mon, 11/28/2016 - 9:58am
Guest Commentary By Burt M. Rublin, Partner, and Daniel L. Delnero, Associate, Ballard Spahr LLP Prior restraints on speech are highly disfavored and presumptively unconstitutional. See Tory v. Cochran, 544 U.S. 734, 738 (2005) (“Prior restraints on speech and publication are the most serious and the least tolerable infringement on First Amendment rights.”). Yet the […]
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Court Enjoins Implementation of Overtime Regulation

Office of Advocacy - Mon, 11/28/2016 - 9:16am

Court Enjoins Implementation of Overtime Regulation

On May 23, 2016, the Department of Labor’s Wage and Hour Division published a final rule in the Federal Register that updated the Overtime Regulations under the Fair Labor Standards Act (FLSA), specifically the exemptions for executive, administrative and professional employees.  The final rule implemented a 2014 Presidential Memorandum directing the Department to update and modernize these regulations.  

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Bad-Faith Federal Litigation Tactics Compel Court to Award Small Business Attorneys’ Fees

WLF Legal Pulse - Fri, 11/25/2016 - 4:37pm
Tomorrow is “Small Business Saturday,” (November 26), so it’s a good time to reflect upon the especially challenging regulatory and legal environments such businesses have faced in recent years. Even though the federal government maintains an entire agency whose mission is purportedly to assist small businesses—the Small Business Administration—regulators seem ever oblivious to their impact […]
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Supreme Court Given Opportunity to Clarify Specific Personal Jurisdiction

WLF Legal Pulse - Tue, 11/22/2016 - 12:17pm
Guest Commentary By Eric D. Miller, Partner, Perkins Coie LLP* A pending petition for a writ of certiorari presents the United States Supreme Court with an opportunity to clarify whether a state may exercise personal jurisdiction over a nonresident defendant based solely on the defendant’s sale of components to third parties who incorporate those parts […]
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Federal Judge “SLAPPs” Down Lawsuit Demanding “R” Rating for All Movies Depicting Tobacco Use

WLF Legal Pulse - Mon, 11/21/2016 - 3:13pm
On November 10, 2016, a California federal judge dismissed a putative class-action lawsuit designed to force the Classifications and Rating Administration (CARA) to give an “R” rating to any film containing tobacco use.  Alleging that around 200,000 young people would start smoking every year after seeing tobacco use in G, PG, and PG-13 rated movies, […]
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Who’s on Your Panel?: The Answer Increasingly Determines Software-Patent Decisions at the Federal Circuit

WLF Legal Pulse - Wed, 11/16/2016 - 3:38pm
Featured Expert Contributor – Intellectual Property (Patents) Jeffri A. Kaminski, Partner, Venable LLP, with Ryan T. Ward, Associate, Venable LLP. Mr. Ward was a Judge K.K. Legett Fellow at the Washington Legal Foundation in the summer of 2009 prior to his third year at Texas Tech School of Law. The Federal Circuit continues to struggle […]
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California High Speed Rail Posts Report

More news - Tue, 11/15/2016 - 1:00pm
Categories: Latest News

Will Kempton Speaks at WCOE CA Chapter Leadership Summit

WCOE News - Tue, 11/15/2016 - 12:57pm

Will Kempton, Executive Director for Transportation CA was a recent speaker at the WCOE CA Chapter Leadership Summit held in San Francisco in October. He discussed the history of transportation funding, repair acts and the challenges. His remarks regarding transportation issues in California are presented below.

"The State of California is in a crisis and needs increase in funding. Senator Bell and Assembly Member Frasier are both champions for transportation bill for funds of $7.4B annually (0.17/gal gas tax; returns weight fees to transportation projects instead of general fund for debt service). Identical bills in special session have been introduced. The issue could be dealt with in a conference committee but there is some reluctance to make changes in the conference committee, so it is likely to happen in a committee structure during the special session between 11/8/16 and 11/30/16. The bill would need to be introduced, consensus gained, printed and then voted on after 72 hours. Kempton believes they have the leaders involved to get this done, but does not have commitments yet. It may be possible to bring the legislature to come back on 11/10/16, however, the Munger initiative requires 72 hours for bills to be in print and following the 10th, many legislators are on various educational trips, so it is most likely to be in print the week of 11/21/16 and brought out the last week of November."

"There is some concern about the size of the increases for the package as different camps want to ensure that the size of the package is enough $3.6B (Governor's proposal) or $7.2B (Bell/Frasier proposal)."

"What can we do? Talk to our legislators, send them emails that this is important for our state, quality of life, construction industry."

"Local programs – There are 20 counties with local tax programs for investment in transportation programs. This is critical to CA transportation funding. The local programs are mostly dependent on state and federal programs and therefore cannot raise all their own funds. Funding adjustments are needed at both levels. There are 14 of these local programs on the ballots requesting additional funding for transportation."

Questions

Lee Cunningham: "Will, you are missed by the small business community. Tell us about the Munger Initiative – and Charles Munger."

Will Kempton: "The initiative requires that any pending legislation to be in print a full 72 hours before the legislature can vote on it. We have to assume it will pass and that anything CA Transportation does is compliant."

Rebecca Lewellyn: "Are there any legislators in particular that we need to work on?"

Will Kempton: "Target moderate democrats in Central Valley. 80 assembly seats (52 by democrats; need 54 votes); 40 Senate (27 votes required) 25 democrats. We are going to need to get all the democrats and as many republican members we can get on board. Moderate Dems in assembly including Elk Grove and Modesto. Also, target Republican Assembly Members including Meinschein, Erick Linder, Kristen Olsen, Chad Mayes, Republican Minority Leader (Desert) and Katherine Baker (So Contra Costa). In the Senate, target Anthony Canella, Bob Usk and Steve Glazer (Contra Costa)."

"Talk to any Congress member that you know and encourage WCOE Members to do so. Contact anyone with whom you have a relationship."

Will Kempton contact information: wkempton@transportationca.com

Categories: Latest News

A Sharing-Economy Giant Asserts its First Amendment Rights to Oppose Government Censorship

WLF Legal Pulse - Mon, 11/14/2016 - 10:49am
When prohibiting or reducing “harmful” economic conduct proves either politically unpalatable or otherwise unachievable, governmental regulators often target speech about the conduct as a convenient alternative. Rather than ban the sale of tobacco or sugary drinks, for instance, federal, state, and local governments have imposed restrictions on advertising and other promotional speech. Unable to generate […]
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District of Columbia’s Court of Appeals Adopts “Daubert” as Test for Expert Testimony

WLF Legal Pulse - Fri, 11/11/2016 - 12:12pm
Featured Expert Column: Judicial Gatekeeping of Expert Evidence By Evan M. Tager, Mayer Brown LLP, with Carl J. Summers, Mayer Brown LLP Nearly a century ago, in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923), the federal appeals court in the District of Columbia—the US Court of Appeals for the DC Circuit—announced the general acceptance […]
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Friday Finger on the Pulse: From Our Blogroll and Beyond

WLF Legal Pulse - Fri, 11/11/2016 - 10:55am
Class-action defendants can learn much from plaintiff-leaning law-review article on “statistical adjudication” after Tysons Food v. Bouaphakeo (Class Action Countermeasures) By the Justice Department’s own measure of success, its Foreign Corrupt Practices Act “pilot program” is failing (FCPA Professor) The case for why FTC, not FCC, should regulate internet privacy (Truth on the Market) The […]
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The Federal Circuit Must Now Decide the Fate of AIG’s Largest Shareholder

WLF Legal Pulse - Thu, 11/10/2016 - 3:53pm
*Michelle Stilwell, the Mary G. Waterman Fellow at WLF, significantly contributed to this post. In what is poised to become an extremely influential case, the US Court of Appeals for the Federal Circuit is currently deciding what to do after the federal government unlawfully took over the equity and leadership of one of America’s largest […]
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