Articles

12.28.17

Asylum Law Meets Eminent Domain

"Where do immigration law and eminent domain law mix? In China, of course. Why didn’t you see that coming? Or perhaps, in the current milieu, we should just call it #inChina. But seriously, folks, the U.S. Court of Appeals for the Ninth Circuit just published an opinion in Song v. ...


12.22.17

Five Key Elements of Successful Local Initiatives to Combat the Opioid Crisis

President Trump’s declaration of a public health emergency to address the opioid epidemic brought renewed attention to a crisis that claimed more lives last year than annual deaths from car crashes and gun violence combined. All told, nearly 20 million adults nationally have a substance use ...


12.21.17

No Insurance Coverage for Employee’s Suit Because of Prior Letter

Why it mattersWhen does insurance coverage attach to a claim made by an employee? One employer learned a hard lesson when a federal court denied coverage for an employee’s Equal Employment Opportunity Commission (EEOC) charge and related lawsuit because the plaintiff had previously sent a ...


12.18.17

Pharmacies and Healthcare Facilities Await EPA's Final Pharmaceuticals Rule

As of the time of publication, the Environmental Protection Agency (EPA) has just published its Fall Regulatory Agenda (December 14, 2017). The Regulatory Agenda establishes the agency’s rulemaking priority. In addition to foreshadowing President Trump and EPA Director Scott Pruitt’s ...


12.06.17

Local Responses to the Opioid Epidemic

The opioid crisis represents a clear and present danger to the nation’s public health, with drug overdoses now claiming more lives than annual deaths from car crashes and gun violence combined. A staggering 20 million adults in the United States have a substance use disorder, ...


12.01.17

The ABC’s of the TCPA

The Telephone Consumer Protection Act of 1991 (TCPA), 42 U.S.C. § 227 et seq.—or “Total Cash for Plaintiffs’ Attorneys,” as it’s euphemistically called—is an increasingly hot topic in litigation. A federal consumer privacy statute that regulates the ...


12.01.17

The Overlooked Importance of Fresh Environmental Diligence

The federal Comprehensive Environmental Response Compensation & Liability Act and its state analogues generally take a very expansive view of liability for environmental contamination and include owners and operators (e.g., lessees) as potentially liable parties without regard to whether such ...


11.30.17

Ripeness: The Ghost of Takings’ Past

"As it is that Dickensian time of year, it seems appropriate to once again review the ghostly presence of the ripeness doctrine in regulatory taking cases. We have been there before. Until the U.S. Supreme Court decides to resolve the situation, we will be there again."Read the ...


11.21.17

The Tipping Point in Digital Health

The digital health space is evolving from one of limitless opportunity but narrow scale to one of increasingly measurable impact.


11.20.17

Winds of Change at the DOJ for Corporate Prosecutions?

Winds of Change at the DOJ for Corporate Prosecutions?By John F. Libby, Partner, Corporate Investigations and White Collar Defense | Jacqueline C. Wolff, Partner, Corporate Investigations and White Collar Defense | Kenneth B. Julian, Partner, LitigationWhy it matters: On Sept. 14, 2017, Deputy ...