Latest News

WLF Supreme Court Preview Briefing Delves into Cases and Petitions Affecting Free Enterprise

WLF Legal Pulse - Wed, 09/19/2018 - 11:56am
Our October Term 2018 preview aired live at 12:30 on September 18. Thomas Goldstein of Goldstein & Russell, P.C. moderated a panel that featured Professor John Yoo of UC Berkeley School of Law; Shay Dvoretzky of Jones Day; and Beth Brinkmann of Covington & Burling LLP. Washington Legal Foundation has filed amicus briefs in four …

Continue reading WLF Supreme Court Preview Briefing Delves into Cases and Petitions Affecting Free Enterprise

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Courts Reject Buyers’ Remorse and Wasted Time as Redressable Class-Wide Injuries

WLF Legal Pulse - Wed, 09/19/2018 - 11:33am
We return once again (click here for past posts) to the seemingly banal legal doctrine of standing to sue—a subject that few, if any, likely contemplated when celebrating Constitution Day this week. This doctrine does, however, arise from the Constitution’s ingenious separation of powers among the three branches of government. Article III limits the judiciary’s …

Continue reading Courts Reject Buyers’ Remorse and Wasted Time as Redressable Class-Wide Injuries

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Fifth Circuit Signals Sea Change in CFPB Civil Investigative Demand Analysis

WLF Legal Pulse - Thu, 09/13/2018 - 12:07pm
Featured Expert Contributor, White Collar Crime & Corporate Compliance By Gregory A. Brower, a Shareholder with Brownstein Hyatt Farber Schreck, LLP in Las Vegas, NV and Washington, DC with Sarah Auchterlonie, a Shareholder in the Denver, CO office. On September 6, 2018 the U.S. Court of Appeals for the Fifth Circuit raised the standard under …

Continue reading Fifth Circuit Signals Sea Change in CFPB Civil Investigative Demand Analysis

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Office of Advocacy Appoints Adrienne Vallejo Foster to Serve as Regional Advocate for Great Plains States

Office of Advocacy - Wed, 09/12/2018 - 3:07pm

Office of Advocacy Appoints
Adrienne Vallejo Foster to Serve as
Regional Advocate for Great Plains States

 

Categories: Latest News, SBA Advocate

California Supreme Court Says Use of Industry Custom and Practice Evidence Is a “Two-Way Street” in Products Liability Actions

WLF Legal Pulse - Tue, 09/11/2018 - 1:10pm
Featured Expert Contributor, Mass Torts—Asbestos By Robert H. Wright, a Partner with Horvitz & Levy LLP in Los Angeles, CA, with Partner John A. Taylor, Jr. Mr. Taylor was counsel of record on an amicus brief filed by the Alliance of Automobile Manufacturers in Kim. In 2016, the California Supreme Court granted review in Kim …

Continue reading California Supreme Court Says Use of Industry Custom and Practice Evidence Is a “Two-Way Street” in Products Liability Actions

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What’s Extraterritorial on the Blockchain?: “In re Tezos Securities Litigation” and the Application of U.S. Securities Law to “Foreign” ICOs

WLF Legal Pulse - Mon, 09/10/2018 - 10:06am
Featured Expert Contributor—Legal & Regulatory Challenges for Digital Assets By Daniel S. Alter, a Shareholder in the New York, NY office of Murphy & McGonigle P.C. *Ed. Note: This is Mr. Alter’s inaugural post as the WLF Legal Pulse’s newest Featured Expert Contributor. Prior to joining Murphy & McGonigle P.C., Mr. Alter was General Counsel …

Continue reading What’s Extraterritorial on the Blockchain?: “In re Tezos Securities Litigation” and the Application of U.S. Securities Law to “Foreign” ICOs

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New Jersey: Now the Product-Liability Defendant’s Playground?

WLF Legal Pulse - Wed, 09/05/2018 - 10:38am
Featured Expert Contributor, Litigation Strategies By Joe G. Hollingsworth, Partner, Hollingsworth LLP, with Robert E. Johnston, Partner, Hollingsworth LLP. Atlantic City, New Jersey—often called A.C. or America’s Playground—has the bright lights and casinos of Las Vegas set on the southern Jersey shore.  We confess that we have tried our luck rolling the bones at the Borgata on …

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Opening Statement of Rep. Brett Guthrie (R-KY), Chairman, Subcommittee on Higher Education and Workforce Development on “On-the-Job: Rebuilding the Workforce through Apprenticeships.”

Education & the Workforce Committee - Wed, 09/05/2018 - 12:00am

Good morning, and welcome to today’s subcommittee hearing. I would like to thank members of the subcommittee and our witnesses for joining us today as we examine ways in which we can continue to strengthen our national workforce development efforts and help more Americans get the skills they need to land in-demand jobs.

In the last several years, we have seen an economic boom take place under Republican leadership in Congress and the White House. The job market is strong and unemployment is at near-historic lows. In fact, employers need more people to work for them. In May of this year, the Bureau of Labor and Statistics (BLS) issued a report that for the first time in BLS’ history, the number of job openings in the United States exceeded the number of job seekers nationwide.

I have seen this firsthand in Kentucky’s Second District. This August, I visited construction sites, factories, shipping facilities, and more businesses throughout my congressional district, and the one thing I heard from all of them is how they need more skilled workers. These are good jobs that some people unfortunately are missing out on because they don’t have the necessary skills. 

In a 2018 survey from the ManpowerGroup, 46 percent of employers in the United States reported that they struggle to hire employees with the necessary skills for the job, and for the 6th year in a row, skilled trade jobs are the hardest positions to fill across the globe. 

The American workforce is presently facing a shortage of over six million skilled workers, and we need approaches at both the public and private levels to successfully bridge this skills gap.

When I grew up, my dad and many of the people in our town worked for the local Ford factory. Back then, if you got a job with Ford, you entered a pipeline that taught you necessary skills as you moved up the ladder. Sadly, many factories that provided that kind of job security have shut down – including the one in my hometown. We must find other ways to bridge the skills gap.

In 2014, after years of hard work from the Education and Workforce Committee, the Workforce Innovation and Opportunity Act (WIOA) was signed into law. WIOA made significant progress rebuilding our national workforce development system by promoting employer-led innovation in and access to work-based learning experiences like on-the-job education and apprenticeship programs.

By strengthening on-the-job technical education and apprenticeship programs, we can streamline the connection between education and the workforce and encourage more Americans to pursue in-demand jobs, improving their own earning potential and the national workforce as a whole.

I want to continue this progress we made in WIOA with a renewed focus on apprenticeships. That’s why I worked with my colleague, Ranking Member Susan Davis, to establish the Apprenticeship Caucus. We held our first event earlier this summer, where we brought a wide range of representatives together to talk about how Congress can support these programs. We also introduced the APPRENTICE Act, which would establish a grant program to expand apprenticeship programs.

I look forward to continuing the conversation about apprenticeships at today’s hearing. I am pleased to welcome today’s witnesses and I look forward to hearing their testimony as we discuss innovative ways we can develop our workforce and help more Americans learn valuable skills on the job.

To view the PDF version, click here.

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DOL to Hold Public Listening Sessions on Overtime Regulations under the FLSA

Office of Advocacy - Wed, 08/29/2018 - 12:08pm

The Department of Labor (DOL) will conduct public listening sessions to gather views on its overtime regulations under the Fair Labor Standards Act (FLSA).  Under the FLSA, most workers are entitled to minimum wage and overtime pay for hours worked over 40 hours. However, there is a “white collar” exemption in the FLSA for certain executive, administrative and professional employees; qualifying for this exempti

Categories: Latest News, SBA Advocate

Office of Advocacy to Host Regulatory Reform Roundtable for Small Business in Poughkeepsie, N.Y.

Office of Advocacy - Tue, 08/28/2018 - 3:18pm

 

Office of Advocacy to Host Regulatory Reform Roundtable for Small Business in Poughkeepsie, N.Y.

 

WASHINGTON, D.C. – On Thursday, Sept. 13, the Office of Advocacy of the U.S. Small Business Administration will host a Regulatory Reform Roundtable in Poughkeepsie, N.Y. The event will be held from 8:30 a.m. to 12:30 p.m. EST at the Poughkeepsie Grand Hotel, 40 Civic Center Plaza.

Categories: Latest News, SBA Advocate

Office of Advocacy to Host Regulatory Reform Roundtable for Small Business in Scranton, Pa.

Office of Advocacy - Tue, 08/28/2018 - 3:13pm

 

Office of Advocacy to Host Regulatory Reform Roundtable for Small Business in Scranton, Pa.

 

WASHINGTON, D.C. – On Wednesday, Sept. 12, the Office of Advocacy of the U.S. Small Business Administration will host a Regulatory Reform Roundtable in Scranton, Pa. The event will be held from 8:30 a.m. to 12:30 p.m. EST at the Radisson Lackawanna Station Hotel Scranton, 700 Lackawanna Avenue.

 

Categories: Latest News, SBA Advocate

Office of Advocacy to Host Regulatory Reform Roundtable for Small Business in Princeton, N.J.

Office of Advocacy - Tue, 08/28/2018 - 3:06pm

Office of Advocacy to Host Regulatory Reform Roundtable for Small Business in Princeton, N.J.

 

WASHINGTON, D.C. – On Tuesday, Sept. 11, the Office of Advocacy of the U.S. Small Business Administration will host a Regulatory Reform Roundtable in Princeton, N.J. The event will be held from 8:30 a.m. to 12:30 p.m. EST at the Crowne Plaza Princeton, 900 Scudders Mill Road.

Categories: Latest News, SBA Advocate

Second Circuit Contradicts SEC/DOJ Guidance in Limiting Scope of FCPA

WLF Legal Pulse - Tue, 08/28/2018 - 2:33pm
Featured Expert Contributor, White Collar Crime & Corporate Compliance By Gregory A. Brower, a Shareholder with Brownstein Hyatt Farber Schreck, LLP in Las Vegas, NV and Washington, DC, with Thomas J. Krysa, a Shareholder with the firm in its Denver, CO office. In a much watched Foreign Corrupt Practices Act (FCPA) case that originated in …

Continue reading Second Circuit Contradicts SEC/DOJ Guidance in Limiting Scope of FCPA

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DOI and NOAA Seek Comments on Proposed Rules to Revise Endangered Species Act Regulations

Office of Advocacy - Mon, 08/27/2018 - 4:12pm

On July 25, 2018, the U.S. Department of the Interior’s Fish and Wildlife Service (FWS), and the U.S. Department of Commerce’s National Oceanic and Atmospheric Administration (NOAA) published proposed rules to revise various endangered species act (ESA) provisions.

The first rule is a revision of the regulations for listing species and designating critical habitat under section 4 of the ESA. The proposed rule would adopt as regulations existing practice, and potentially modify the definitions of “geographical area occupied by the species” and/or “physical or biological features.”

Categories: Latest News, SBA Advocate

FDA-Mandated Listing of Drug Prices in Ads Would Flunk Legal and Constitutional Tests

WLF Legal Pulse - Mon, 08/27/2018 - 10:49am
We’ve read with amusement the recent, overblown claims of some constitutional-law commentators and even U.S. Supreme Court justices that the First Amendment has been “weaponized” as a tool of deregulation. Of course, First Amendment challenges increasingly have become indispensable as politicians and regulators target more and more speech rather than regulate conduct directly. Consider, for …

Continue reading FDA-Mandated Listing of Drug Prices in Ads Would Flunk Legal and Constitutional Tests

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Wake Up, California Millennials: Rent Control is a Generational Con Game

WLF Legal Pulse - Mon, 08/20/2018 - 9:10am
In 2012 the IGM Forum polled some economists about rent control. Each economist was asked to agree or disagree that rent control promotes affordable housing, and to state the degree of confidence, on a scale of 1 to 10, he invested in his response. Weighted for confidence, 95 percent of the economists disagreed, four percent …

Continue reading Wake Up, California Millennials: Rent Control is a Generational Con Game

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Three Federal Agency Proposals Exemplify Revived Commitment to Quantifying Costs and Benefits

WLF Legal Pulse - Fri, 08/17/2018 - 10:29am
As part of the White House’s strategy to reform the administrative state, several federal agencies have proposed measures to improve the efficiency and transparency of the regulatory process. In recent months, the Environmental Protection Agency (EPA) and the Fish and Wildlife Service (FWS) have requested comments on cost-benefit analysis standards, while the Treasury Department and …

Continue reading Three Federal Agency Proposals Exemplify Revived Commitment to Quantifying Costs and Benefits

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