Articles

09.02.16

The Supreme Court of Sport Needs to Be Reformed

The Court of Arbitration for Sport, known colloquially as the Supreme Court of Sport, has recently made some important decisions affecting one of the largest countries in the world, Russia. Whether the court has the competence to make such decisions is a serious question, as is whether those ...


09.01.16

Zipping Out of Court: D.C. Circuit Tosses Privacy Suit

In a victory for the defendants in a zip code class action, the D.C. Circuit Court of Appeals dismissed a case against Urban Outfitters and Anthropologie based on the retailers’ request that consumers provide zip codes at the time of purchase. Whitney Hancock and Jamie White made purchases ...


09.01.16

U.S. Olympic Committee Sued Over Social Media Olympic Rules

Although the 2016 Summer Olympics have come to an end, the U.S. Olympic Committee is still facing a lawsuit accusing it of “exaggerating” the strength of its legal rights to the detriment of advertisers.Prior to the Olympics, the USOC cautioned businesses to avoid “social ...


08.30.16

Russian Complaints About McLaren Report on Alleged State-Sponsored Doping Have Merit

The Russian Sports Minister recently claimed that the so-called McLaren report, which provided the basis for the banning of Russian athletes from the Olympics and Paralympics, would not stand up to legal criticism. Using as an example the U.S. legal system, in which I have worked for 45 years, I ...


08.30.16

Lessons Between the Lines in Fed's Final Guidance for Evaluating Climate Change Impacts in NEPA ...

On August 1, 2016, after nearly six years and two drafts, the White House Council on Environmental Quality (CEQ) issued a final version of its guidance for considering greenhouse gas emissions and the effects of climate change under the National Environmental Policy Act (NEPA) (Final ...


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 ...