Recess Appointments A temporary designation made by the President to fill a vacancy while the Senate is in recess.Yesterday Recess appointments trace their origins to Article II, Section 2, Clause 3 of the Constitution. This allows the President to temporarily fill vacancies
Thompson Coburn
Thompson Coburn LLP is a law firm with multiple offices across the United States and a global reach. It provides legal services in over 50 areas of corporate law and litigation. The firm publishes blogs and insights covering a wide range of legal topics including higher education law, labor and employment, intellectual property, trade and compliance, and government policy updates. Its content often addresses recent legislative developments, regulatory changes, and significant court rulings relevant to its practice areas. Thompson Coburn also shares information on transactional tools, litigation strategies, and compliance requirements, serving clients and legal professionals seeking current legal analysis and practical guidance.
Website:
https://thompsoncoburn.com
Latest from Thompson Coburn - Page 2
Preservative Problems: Judge Greenlights Class Action Lawsuit Brought by Mac & Cheese Consumers
By Kim Bousquet
On November 13, 2024, Judge Mary M. Rowland of the U.S. District Court for the Northern District of Illinois issued a significant ruling in a putative nationwide class-action lawsuit against The Kraft Heinz Company and Kraft Heinz Ingredients Corp. The…
The Recent Massachusetts Court Holding in Vita is a Win for Businesses and a Look at Trends in Novel U.S. Wiretapping Litigation
The Vita cases The Massachusetts Supreme Judicial Court (SJC) recently addressed whether the term “communications” in Massachusetts’ 1968 Wiretap Act (MWA) includes when a patient interacts with a hospital’s website and determined that such interactions did not qualify for protection…
Higher Education: The Road to Nonprofit Status Just Got a Little More Paved
Last Friday, the Ninth Circuit reversed a District Court’s decision upholding the U.S. Department of Education’s determination that Grand Canyon University did not meet nonprofit status under the Higher Education Act of 1965 (“HEA”). In Grand Canyon University v. Miguel…
Berkheimer v. REKM Decision Says that Customers Should Reasonably Expect Bones in Boneless Wings
The Ohio Supreme Court recently issued a favorable decision for Ohio restaurants, food suppliers, and farmers regarding potentially injurious substances in food products. In Berkheimer v. REKM, L.L.C., slip opinion No. 2024-Ohio-2787, the court weighed in on whether a consumer…
Presidential Certification Process
A series of actions that must occur between Election Day and Inauguration Day to codify the results of the election for president and vice president. Jump AroundArticle II, Section 1 established the Executive Branch and process by which the president…
Supreme Court Will Again Consider Agency Authority in a TCPA Case
On October 8, 2024, the Supreme Court granted certiorari inMcLaughlin Chiropractic Associates, Inc. v. McKesson Corporation and McKesson Technologies, Inc., (No. 23-1226) to address whether the Hobbs Act requires district courts to follow the FCC’s interpretation that the…
False Claims Act Ruling Offers New Grounds for Defending Whistleblower Claims
In a recent decision from the U.S. District Court for the Middle District of Florida, Judge Kathryn Kimball Mizelle declared the qui tam provision of the False Claims Act (FCA) unconstitutional, raising significant questions about the future of whistleblower litigation.…
California's Journey to Regulate Technology: September 2024 Legislative Update
Veto for the California Consumer Privacy Act of 2018: opt-out preference signalOn September 20, 2024, California Governor Gavin Newsom vetoed a proposed law (Assembly Bill 3048) that would have strengthened protections under the California Consumer Privacy Act (CCPA) by requiring…
OIRA
A branch of the Office of Management and Budget (OMB)
within the Executive Office of the President that is tasked with reviewing
drafts of proposed and final regulations. The
Winter Soldier Congress
established the Office of Information and Regulatory Affairs (OIRA)
with the…