Articles

08.25.16

Proactive Predevelopment for Successful P3s

A new report was recently published by the Urban Land Institute (ULI) called Successful Public/Private Partnerships: From Principles to Practice. The report provides valuable tools and perspectives to both the public and private sectors that will assist both sectors as they work to create vibrant ...


08.24.16

Mass Punishment of Russian Paralympians Raises Serious Ethical Questions

Mass punishment without regard to guilt is fundamentally opposed to the basic tenets of western civilization. Mass punishment of people who have overcome handicaps to become world-class athletes makes the situation much worse, if that is possible.Yet that is what happened yesterday with the ...


08.24.16

The FTC and Patient Privacy, Part II: Unfair Data Practices

Just last month, we discussed a recent Federal Trade Commission (FTC) case addressing deceptive practices involving patient privacy. In an extremely important decision in July, the FTC once again addressed privacy concerns in the healthcare sector.In administrative actions brought by the FTC, the ...


08.18.16

"Zero Tolerance" Doping Policies by International Sports Organizations Have Created Zero Certainty

Earlier this week it was reported that the Russian track athlete who blew the whistle on Russia’s state-sponsored doping had recently moved to a new secret location in the United States because she feared for her life. One would normally associate such a move with organized crime rather than ...


08.16.16

“Fundamental, Mandatory and Clear” Policies Invalidate Project Approval

Spring Valley Lake Association v. City of Victorville (2016) 248 Cal.App.4th 91Why It Matters: Despite recognizing that a court must generally defer to an agency’s factual findings, this decision held the city to a higher standard of evidence when it comes to a General Plan policy that is ...


08.16.16

Twitter Seeks Ninth Circuit Ruling That It Does Not "Make" Calls

After losing a round in a California district court, Twitter has appealed to the Ninth Circuit Court of Appeals from a ruling in a Telephone Consumer Protection Act case leaving the social network on the hook for unwanted text messages.Beverly Nunes sued the social media microsite in 2014 after she ...


08.15.16

Politicians Should Mind the Climate Change Gap

Over the last decade, two gaps have had a huge impact on American politics, especially here in New York state: the gender gap and the race gap. A third electoral gap is on the cusp of joining them – the climate change gap.I coined the term “climate change gap” when I found it ...


08.11.16

Find Directors Who Understand the Industry You Want to Disrupt

A strong corporate governance structure for any corporation is made up of a multitude of different factors and layers. At the very top, of course, is the board of directors which must set the tone and framework for effective governance. This rubric applies equally to start-ups and long-established ...


08.11.16

IOC Should Reimburse Rio for Its Valiant but Financially Disastrous Efforts

“If you break it, you own it” is a placard that is commonly seen at souvenir shops and that expresses a simple ethical precept. That precept should apply to the International Olympic Committee, which made the financially disastrous choice of Rio for the 2016 Olympics. The IOC knew or ...


08.11.16

Yelp Warns Consumers About Legal Threats From Companies

Businesses that have filed suit against consumers for posting negative reviews are now being highlighted by Yelp.A pop-up box appears on the page of companies that have taken action against customers, reading: "Consumer Alert: Questionable Legal Threats. This business may be trying to abuse ...