Articles

06.18.18

Insights From State AG Coordinated Opioid Investigation

"In a slow but steady trickle of filings over the past 12 months, starting with Ohio, 23 state attorneys general have brought lawsuits against opioid manufacturers. While this is remarkable in its own right, even more noteworthy is that of the last six states to sue—all of which filed in ...


05.22.18

Presidents Can Be Indicted

On Wednesday, President Donald Trump’s lawyer, Rudy Giuliani, said that Special Counsel Robert Mueller and his team have concluded that they can’t indict a sitting president, simply because Justice Department guidelines prohibit such an action.


05.01.18

Mooting Mootness

"With over 2,000 judges, California probably has the largest court system in the world. Such a massive system—directly employing about 19,000 people in over 500 buildings—is an expensive operation. To ensure the efficient use of over $4 billion in public funds, it is essential that ...


04.25.18

Eminent Domain, the Movie

"If you ever wanted to know what it’s like to be the target of a government agency that covets your home, go see a new movie called 'Little Pink House.' It is largely the backstory of Kelo v. City of New London, 545 U.S. 469 (2005). In case you have forgotten, Kelo was the ...


04.23.18

California Employers Not Required to ‘Police’ Meal Breaks

Why it mattersAs employers are not required to “police” whether or not workers take meal breaks, a California appellate panel dismissed a putative class action suit seeking payment for missed breaks under state law. Norma Serrano filed a putative class action against Aerotek Inc., a ...


04.23.18

SEC Awards Whistleblower Record Amount, Uses ‘Safe Harbor’

Why it mattersContinuing its recent streak of notable whistleblower awards, the Securities and Exchange Commission (SEC) announced more than $2.2 million in the first award under the “safe harbor” of Exchange Act Rule 21F-4(b)(7). The Rule provides that if a whistleblower submits ...


04.23.18

The Risk Corridors Program: Should the Government Pay?

The Patient Protection and Affordable Care Act (ACA) established health insurance exchanges where insurers can offer qualified health plans (QHPs) to individuals and certain employers. Because the exchanges made coverage available to people who previously were uninsured or underinsured, some QHP ...


04.23.18

How Can All-Payer Claims Databases Support Insurance Regulation?

Editor’s Note: On March 24, 2018, Joel Ario, managing director at Manatt Health, and Kathy Hempstead, a senior advisor to the Robert Wood Johnson Foundation, delivered a presentation on All-Payer Claims Databases (APCDs) to the National Association of Insurance Commissioners (NAIC) Regulatory ...


04.20.18

PCI DSS and Card Brands: Standards, Compliance and Enforcement

The payment card industry and the major card brands have a set of data security requirements—PCI DSS—that are unregulated by government, yet every company worldwide that accepts, processes, stores or transmits credit card information must comply with and follow the card brands’ ...


04.19.18

Two Trials and Other Developments as RMBS Litigation Continues Unabated

Almost a decade has passed since the mortgage foreclosure crisis of 2007–08, but the litigation from the economic fallout of the crisis continues. As one court put it, the 2007 residential mortgage-backed securitizations (RMBS) “earthquake may have subsided, but its aftershocks ...