• 09.04.18

    Did You Notice That This Fact Was Not in the Record on Appeal?

    "Did you notice that this fact was not in the record on appeal? Lawyering requires two key ingredients, facts and law. And the world of litigation starkly delineates the realms where each predominates. The shorthand phrasing of this general rule is that trials focus on the facts whereas ...

  • 09.01.18

    The Endangered Species Act: The High Court, the Services, and Congress All in Play!

    All three branches of the federal government—judicial, executive, and legislative—are actively considering major aspects of the federal Endangered Species Act (ESA or Act). Some decisions and resulting changes are certain; others are probably, based on history, unlikely to be enacted. ...

  • 08.29.18

    Interest? You Think We Owe You Interest?

    "Some teachers in Washington thought the state's Retirement Systems Department was short-changing them. Or, as the U.S. Circuit Court of Appeals, Ninth Circuit put it, the teachers charged that interest had been 'skimmed' from their accounts and given to others. See Fowler v. ...

  • 08.28.18

    Cloudy With a Chance of Price Gouging

    On July 28, 2018, California Gov. Jerry Brown declared a state of emergency in Lake, Mariposa, Mendocino and Napa counties due to the devastating effects of fires in the area. In response, California Attorney General Xavier Becerra issued an alert reminding all Californians that price gouging ...

  • 08.15.18

    Insight: Strategies for Compliance Oversight and Program Integrity in Medicaid Managed Care

    Program integrity and compliance activities are meant to ensure that federal and state taxpayer dollars are spent appropriately on delivering quality, necessary care and preventing fraud, waste and abuse in federal healthcare programs.

  • 08.14.18

    Wave of Pay Equity Regulations Ushers in Greater Transparency

    The Equal Pay Act, which was enacted more than 50 years ago, continues to have a significant impact. It is the basis for much private litigation, as well as government enforcement by agencies such as the Equal Employment Opportunity Commission and the Office of Federal Contract Compliance Programs.

  • 08.07.18

    Poco Loco Rules

    "In last year's hit movie 'Coco,' a young guitar-hero journeys to the land of the dead where he finds things (and performs a ditty titled) un poco loco (a little crazy). While not quite a trip to Hades, litigators sometimes find themselves handling appeals in unfamiliar courts, and ...

  • 07.25.18

    Takings Talk

    "One of the problems with the U.S. Supreme Court's ability to maintain control over constitutional law as it is practiced nationwide is that there is only one Supreme Court and myriad lower courts. While all of the latter are sworn to follow the lead of the former, at least as relates to ...

  • 07.12.18

    INSIGHT: A Wave of Statewide Equal Pay Legislation Continues Despite the Trump Administration’s ...

    A wave of new legislation continues to span the country as states ban questions about salary history to help close the gender pay gap. This wave of new equal pay protections at the state and local levels is not slowing down and seems to contradict the direction the Trump administration has gone on ...

  • 07.11.18

    Proposed Legislation, Testimony, and Proposed Rulemaking on Robocalls

    Robocalls are a hot topic in Washington, D.C., with new legislation proposed, testimony from the Federal Trade Commission (FTC) about its efforts to combat the problem and a Second Further Notice of Proposed Rulemaking from the Federal Communications Commission (FCC) having all been released in the ...



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