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No CERCLA “Arranger Liability” for Falling Air Emissions, Ninth Circuit Holds

WLF Legal Pulse - Wed, 08/10/2016 - 9:00am
Featured Expert Column – Environmental Law and Policy By Samuel B. Boxerman, Sidley Austin LLP with Katharine Falahee Newman, Sidley Austin LLP The United States Court of Appeals for the Ninth Circuit recently issued a long-awaited decision interpreting the meaning of “disposal” under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA). The court determined […]
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SEC Proposes Rule to Update and Simplify Disclosure Requirements

Office of Advocacy - Tue, 08/09/2016 - 3:22pm

On July 13, 2016, the Securities and Exchange Commission (SEC) issued a proposed rule that would update and simplify the agency’s disclosure requirements.  The SEC’s objective is to eliminate redundant, overlapping, outdated, or superseded provisions in light of changes to SEC disclosure requirements, US Generally Accepted Accounting Principles (GAAP), International Financial Reporting Standards (IFRS), and technology.  In addition, the SEC is seeking comment on certain disclosure requirements that overlap with US GAAP to determine whether to retain, modify, eliminate, or refer the requirem

Categories: Latest News, SBA Advocate

Second Circuit Upholds Decertification of Class After Jury Award

WLF Legal Pulse - Tue, 08/09/2016 - 10:03am
Featured Expert Contributor — Civil Justice/Class Actions Frank Cruz-Alvarez, a Partner in the Miami, FL office of  Shook, Hardy & Bacon L.L.P. with Rachel Forman, an Associate with the firm. On July 15, 2016, the U.S. Court of Appeals for the Second Circuit in Mazzei v. Money Store (2016 U.S. App. LEXIS 12994) affirmed a […]
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IRS Proposes Rule to Update Estate Valuations

Office of Advocacy - Fri, 08/05/2016 - 10:23am

On August 4, 2016, the Internal Revenue Service (IRS) issued a proposed rule relating to the valuation of interests in corporations and partnerships for estate, gift, and generation-skipping transfer tax purposes and the treatment of lapsing rights and restrictions on liquidation in determining the value of transferred interests under Internal Revenue Code section 2704. The rule would affect how taxpayers estimate the fair market value of assets for estate and gift tax purposes.

Categories: Latest News, SBA Advocate

Thune to Hold South Dakota Hearing on Freight Rail System

The hearing will focus on implementation of the recently-enacted Surface Transportation Board Reauthorization Act, the first reauthorization of the Surface Transportation Board (STB) since its creation two decades ago. Sen. Thune introduced this legislation to make the STB more efficient and effective.

Fifth Circuit’s Frog-Habitat Ruling Endangers Common Sense and Growth in Louisiana

WLF Legal Pulse - Thu, 08/04/2016 - 11:37am
By Trey Wassdorf, Judge K.K. Legett Fellow at Washington Legal Foundation and a rising third-year student at Texas Tech University School of Law. At the behest of special-interest activists and government regulators, federal courts continue to broaden the scope of the Endangered Species Act (ESA), often in ways that do little to actually preserve plants […]
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Vacant Land in Vieques, Puerto Rico to be sold via Online Auction

GSA news releases - Thu, 08/04/2016 - 12:00am
Vacant Land in Vieques, Puerto Rico to be sold via Online Auction

APHIS Proposes Amendments to Horse Protection Regulations

Office of Advocacy - Wed, 08/03/2016 - 3:49pm

APHIS Proposes Amendments to Horse Protection Regulations

Categories: Latest News, SBA Advocate

WCOE Turning Point for 8/2

Turning Point RSS - Tue, 08/02/2016 - 2:05pm

Thune Speaks at South Dakota Technology Showcase

WASHINGTON - U.S. Sen. John Thune (R-S.D.), chairman of the Senate Committee on Commerce, Science, and Transportation, spoke at the South Dakota Technology Showcase on August 2, 2016, in Sioux Falls, S.D.

Thank you, Cheryl, for the introduction.  And thank you to AT&T, SDN Communications, and the South Dakota Chamber of Commerce and Industry for organizing this excellent event.  We have a wonderful lineup of speakers today who will highlight how the Internet of Things and other new technologies are benefiting South Dakota’s economy.  I’m honored to be kicking off the discussion today.

As hard as it may be to believe, the Internet as we know it is now in its third decade.  While it is no longer novel, this essential technology continues to transform the world around us, often in unexpected ways.  For instance, back in the 1990’s when folks were getting acquainted with America Online, how many people thought the Internet would end up in our farms’ combines and tractors?  Today, however, wireless connectivity in precision ag equipment is making agriculture more and more efficient.  Indeed, some researchers have claimed wireless ag tech “will offer the same type of quantum leap forward for farming that GPS provided.”  We are also seeing some really remarkable advancements in health care, which is now more accessible than ever before due to telemedicine and remote monitoring services powered by the Internet.  These are all fundamental changes from the way we used to do things, and they’re only made possible because data is shared and transmitted online. 

I look at the impact the Internet has had already on South Dakota, and I believe this is merely the beginning.  That’s why I have used my position as Chairman of the Senate Commerce Committee to promote policies that grow Internet connectivity and benefit consumers. 

Last year, I held Congress’s first-ever hearing on the Internet of Things or “IoT.”  IoT is so consequential that some call it the “third wave” of the Internet, following the fixed Internet of the 1990s and the mobile Internet of the 2000s.  By now, all of us are used to having at least one or two electronic items near us that are connected to the Internet – from computers, to phones, and even our TVs.  Increasingly, however, we are seeing common, everyday objects being connected online – a literal Internet of things that will soon be ubiquitous.  “Things” like thermostats and refrigerators, along with those precision ag machines and health sensors I mentioned earlier.  These devices unobtrusively gather data and communicate with users, and with other devices, to solve a variety of consumer and business needs. 

The Internet of Things will bring significant economic benefits and drive growth in every sector of our economy.  There are currently about 16 billion Internet-connected devices worldwide, and by 2020 some believe that number will be between 50 and 200 billion devices.  According to McKinsey, this explosion of growth has the potential to create an economic impact of up to $6.2 trillion annually by 2025.  And, as much as consumers will see IoT devices proliferate, most of the real benefit and growth will be seen in industrial, commercial, and civic applications. 

The connected economy is creating massive economic and societal impacts.  And this means it also presents complex policy challenges.  These challenges, however, are not insurmountable obstacles.  They are simply issues we need to work through together to achieve great outcomes.

Chief among these issues is the need to spread Internet connectivity to every pocket of the country for IoT and the data economy to ride on.  Privacy considerations will loom large as devices collect increasing amounts of information, making privacy tradeoffs less straightforward than ever before.  And as we’ve unfortunately learned with the all too many high-profile data breaches, Internet security will be paramount due to the scope and sensitivity of the data collected.

Connectivity, privacy, and security – these policy issues are central to the success of a connected economy and the growth of IoT.  And sitting at the intersection of these issues in Washington is the committee I am fortunate enough to chair, the Senate Commerce, Science, and Transportation Committee.  We have engaged in a serious discussion about the government’s role in this dynamic sector of innovation. 

I have counseled and urged my colleagues to tread carefully before jumping in head first to regulate IoT and other new online business models.  When the Internet was in its infancy, it really began to prosper once the federal government stepped back and allowed the new technology to blossom.  By treating IoT and the connected economy with a similar light touch, we can ensure that consumers and entrepreneurs are in the driver’s seat, rather than politicians and bureaucrats.  If issues arise in the marketplace, policymakers should examine them closely.  When doing so, we need to have the humility to recognize that the best solutions to difficult challenges created by new services are often not government solutions.  But if government intervention is necessary and unavoidable, then the fixes should be as narrow and targeted as possible. 

I am quite optimistic on how the economy is going to be transformed by IoT and other Internet-based technologies.  But this is only possible if South Dakota and the rest of the country have fast, ubiquitous Internet connectivity.  Unlike some other rural states, South Dakota is blessed to have broadband services that are often on par with more urban states.  According to the National Broadband Map, 86 percent of South Dakotans have access to 25 megabit or better broadband service, which is better than Virginia and about equal to Ohio.  And when it comes to the availability of gigabit connections that can really spur local economic activity, South Dakota ranks 6th in the country.

Of course, there is always room for improvement, and one of the ways Congress can help is to find ways to improve wireless broadband connectivity, including in the more rural areas of South Dakota and our reservations.  For IoT to really take off, we need to make more abundant those wonderful, invisible radio waves that transmit data from one point to another, seemingly without effort.  Except it’s not effortless, as many of you know.  Wireless spectrum, as it is called, can be extremely expensive; the private sector spent $45 billion in the last spectrum auction.  Building out wireless networks to take advantage of those airwaves requires massive private investment.  And then there are the infrastructure challenges in deploying wireless broadband to rural consumers and businesses, which we know all too well. 

For these reasons, I put forward legislation known as the MOBILE NOW Act to meet the communications needs of the twenty-first century.  This bill has broad bipartisan and industry support and passed the Commerce Committee earlier this year.  It will ensure huge swaths of spectrum are made available for commercial use by the year 2020, which is when we expect to see the next generation of ultra-high speed mobile services known as “5G.”  MOBILE NOW will also cut through much of the bureaucratic red tape that makes it difficult to build wireless facilities on federal property.  And the bill will facilitate inclusion of broadband-ready conduit in federally-supported highway projects, reducing the time and cost of building out Internet service. 

This legislation has the potential to quietly and subtly impact all of our lives.  One example comes from former Federal Communications Commissioner Meredith Atwell Baker.  She pointed out that, right now, a “smart car” communicating with today’s wireless technology takes four and a half feet to brake in response to an obstacle.  By contrast, a smart car with forthcoming 5G technology would travel only one inch before braking—which could literally be the difference between life and death.

Unfortunately, in what has become a story that is told all-too-often, this noncontroversial bill has gotten mired in the partisan politics of Washington, D.C.  Senate Minority Leader Harry Reid is holding up MOBILE NOW over a dispute with other Senators about a Presidential nomination.  While this gridlock jeopardizes the prospects of the bill advancing, I am not going to give up trying to push it forward.  It is rare for Republicans and Democrats to come together to write truly bipartisan, pro-growth legislation, so I am going to do everything I can to see MOBILE NOW enacted into law this year.

At the end of the day, however, it is not going to be politicians and regulators who will determine what our digital future holds.  It will be the entrepreneurs and the engineers and the innovators, like many of you in this room and the people you are going to hear from later this morning.  You all are the ones making that digital future a reality for South Dakota.  The best that the government can do is try to facilitate your success while making sure we are not accidentally standing in the way.  I am excited to watch how IoT and other technologies develop over the coming years, and I am eager to do my small part in fostering their success.

Fish and Wildlife Service’s Delisting of Lesser Prairie Chicken a Win, and a Test, for Voluntary Conservation

WLF Legal Pulse - Mon, 08/01/2016 - 9:47am
On July 20, 2016, ten months after a U.S. District Court for the Western District of Texas judge ruled that federal regulators erred in finding the lesser prairie chicken “threatened” under the Endangered Species Act (ESA), the US Fish & Wildlife Service (FWS) finalized its delisting decision. The decision not only validates the work of […]
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GSA Spearheads Efforts for Government-wide Data Center Optimization Initiative

GSA news releases - Mon, 08/01/2016 - 12:00am
GSA Spearheads Efforts for Government-wide Data Center Optimization Initiative

GSA launches Enterprise Risk Management Playbook

GSA news releases - Fri, 07/29/2016 - 12:00am
GSA launches Enterprise Risk Management Playbook

The federal government seeks ways to modernize the government-wide payroll

GSA news releases - Fri, 07/29/2016 - 12:00am
Information is sought on the solutions available to meet federal requirements

GSA’s City Pair Program Saves Billions for Federal Agencies

GSA news releases - Fri, 07/29/2016 - 12:00am
GSA’s City Pair Program Saves Billions for Federal Agencies

California Appeals Court Protects Outside Counsel’s Factual Investigation as Privileged

WLF Legal Pulse - Thu, 07/28/2016 - 2:56pm
In early June, a California court of appeal held in City of Petaluma v. Waters that the report resulting from a fact-finding investigation conducted by outside counsel for the City of Petaluma’s (the City) City Attorney was protected by attorney-client privilege and therefore undiscoverable.  The holding is notable because the court refused to read the […]
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Will Illinois State AG’s Action Put an End to Unabashed Abuse of State’s False Claims Law?

WLF Legal Pulse - Wed, 07/27/2016 - 9:05am
This past May, a Cook County Associate Judge dismissed 201 Illinois False Claims Act (IFCA) cases at the request of Illinois Attorney General Lisa Madigan. The state’s action is an encouraging, albeit overdue, development in a long-running legal saga where one enterprising lawyer has harnessed the state’s enforcement power to pursue personal financial gain that […]
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Historic Michigan Lighthouses Hit GSA Auction Block

GSA news releases - Wed, 07/27/2016 - 12:00am
Online auction allows the public to own a piece of history

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