Public Policy

    • 30 Jun 2015

    OFAC Releases Guidance Concerning Travel Between the United States and Cuba

    On May 5, 2015, the Office of Foreign Assets Control (OFAC) published a guidance document regarding travel between Cuba and the United States. Persons subject to the jurisdiction of the United States who are traveling to and from Cuba from the United States—either under a general license for the 12 categories of travel authorized under section 515.560 of the Cuban Assets Control Regulations or under special license...
    • 25 Jun 2015

    U.S. Department of Education Releases New Title IX Guidance

    On April 24, 2015, the U.S. Department of Education’s Office for Civil Rights (OCR) released a guidance package that reminds educational institutions of their responsibilities under Title IX. This guidance package, issued approximately one year after OCR’s lengthy clarification of its April 2011 Dear Colleague Letter , includes a Title IX resource guide, a letter to Title IX coordinators, and yet another Title...
    • 23 Jun 2015

    U.S. Department of Education Fines College for Job Placement Rate Disclosure Violations

    The U.S. Department of Education (Department) intends to fine a college more than $29 million for allegedly misrepresenting job placement rates and failing to comply with federal placement rate disclosure requirements. The fine will be imposed on May 5, 2015, against San Francisco-based Heald College, unless it requests a hearing or submits written material indicating why the fine should not be imposed, according to...
    • 22 Jun 2015

    New Restrictions on Campus Financial Products Proposed by Department of Education

    The U.S. Department of Education has issued proposed revisions to its Title IV Higher Education Act (HEA) cash management rules that include significant new restrictions on financial products used to disburse credit balance funds to students. Credit balances result when the amount of Title IV HEA program funds credited to a student’s account exceeds the amount of tuition and fees, room and board, and other allowed...
    • 16 Jun 2015

    Vassar College Prevails in Respondent’s Title IX Lawsuit

    By Olabisi L. Okubadejo, Marjorie J. Peerce, and Carolyn A. Pellegrini A judge in the Southern District of New York recently granted summary judgment to Vassar College in a case brought by a former student accused of sexual assault, [ enhanced version available to lexis.com subscribers ]. The plaintiff alleged that Vassar violated Title IX and various state law provisions when adjudicating the complaint against...
    • 15 Jun 2015

    Insurance Drones: The Headline That Should Have Many Of Us Up In Arms

    Everywhere you turn these days the talk is drones, drones, drones. They supposedly have a million and one uses, including, we’re told, by Amazon for the delivery of packages. I’m dubious that Amazon will ever be dropping books from the sky onto my front porch. The awesome guy who delivers my newspaper every morning virtually always misses the driveway. And he’s throwing the paper from ten feet away ...
    • 11 Jun 2015

    White House Issues Student Aid Bill of Rights

    A Presidential Memorandum titled the "Student Aid Bill of Rights," issued by President Obama, calls for the creation of a new complaint system for federal student loans. This proposal is likely to result in significant changes to the servicing and collection of student loans. In the Memorandum, the President directed the following actions to be taken: • Complaint and Feedback System. The Secretary...
    • 8 Jun 2015

    White House Memo Will Impact How Federal Contractors Can Use Drones

    By Kevin D. Pomfret , Robert E. Korroch & Anthony H. Anikeeff There has been a great deal written about the Federal Aviation Administration’s (FAA’s) recent release of proposed regulations concerning the commercial use of Unmanned Aerial Vehicles (UAVs) – or drones. Much of what has been written has quite accurately pointed out that the proposed regulations are a step in the right direction...
    • 3 Jun 2015

    This Is Real Law: The Power of Knowledge: Publishing Legal Information to Support Women’s Rights

    In a recent article, The Huffington Post challenged its readers with a simple test. It consisted of viewing three videos on YouTube. “Watch these,” wrote Morra Aarons-Mele , founder of Women Online , “and consider how you feel about the state of women’s rights in our country.” In the first video, a veteran ESPN anchor uses her national television platform to demand accountability from...
    • 21 May 2015

    Department of Education Releases Updated Guidance for Title IX Compliance

    On April 24, 2015, the U.S. Department of Education’s Office of Civil Rights (“OCR”) issued a “guidance package” to further assist educational institutions in understanding their Title IX obligations. The package consisted of a Dear Colleague letter, a letter to Title IX Coordinators, and a “Title IX Resource Guide.” The primary message of the materials is that each institution...
    • 20 May 2015

    Drones at the Speedway: A Presentation to The Racing Attorneys Conference (TRAC)

    On April 15, 2015 I was on a panel discussing hot topics in the law at The Racing Attorneys Conference in Indianapolis, Indiana. I talked about the legalities of unmanned aircraft vehicles (UAVs) or "drones" in the motor racing industry. I've posted a link to my presentation here if you were unable to attend: Drones at the Speedway: TRAC Conference Presentation Read more at Janzen Ag Law Blog by Todd...
    • 19 May 2015

    Don't Forget the Little Guy: FAA's Proposed Rules for "Micro" UAVs

    Many articles have been written about the Federal Aviation Administration's (FAA) proposed rules for "small" unmanned aircraft systems ("small UAS" or "small UAVs"). But most authors have overlooked that the FAA is also considering special, less stringent rules for "micro" UAVs. Micro UAVs weigh less than 4.4 lbs (small drones are less than 55 lbs.) and travel less than 35 mph...
    • 14 May 2015

    Ten Key Points to the FAA's Proposed Small UAV Rule

    The Federal Aviation Administration (“FAA”) has released proposed rules that would govern the integration of “small” unmanned aircraft systems (“small UAS”) into the National Airspace System. The proposed rules specifically state that they would allow crop monitoring and inspection, aerial photography, and research and development—meaning commercial agricultural uses fall squarely...
    • 7 May 2015

    FDA Announces Plan to Streamline Animal Food Regulation

    On March 27, 2015, FDA announced a strategy to establish ingredient definitions and standards for animal food. The goal of FDA’s strategy is to promote consistency in the Agency’s regulatory review and clearance of animal food ingredients. Currently, ingredients used in animal feed and pet food (collectively, “animal food”) are subject to overlapping regulation and review by FDA, individual...
    • 6 May 2015

    How You Say It Makes a Difference - California False Advertising Claims Attacking "No Trans Fat" Labeling Gain Traction as Ninth Circuit Rejects Preemption Arguments

    The United States Court of Appeals for the Ninth Circuit held, in relevant part, that a consumer states a valid claim for false advertising when a company claims "No Trans Fats" for a product which has less than 0.5 grams of trans fats per serving (but more than 0 grams) even though Food and Drug Administration (FDA) regulations require the product's nutritional label declare 0 grams trans fats per serving...
    • 5 May 2015

    Plaintiffs Challenging Food Labels May Be Required to Conduct Expensive Consumer Perception Surveys to Demonstrate Deception

    A federal judge in California recently made it more difficult for plaintiffs to demonstrate that food labels are misleading. The judge's ruling points to the need for consumer perception surveys to demonstrate that consumers were misled by allegedly false food labels. Consumer perception surveys are expensive and the cost likely will factor into decisions about filing such cases. The case was Bruton v. Gerber Products...
    • 4 May 2015

    Biosimilars In The US: Still At The Starting Line?

    By Erica J. Pascal Congress enacted the Biologics Price Competition and Innovation Act (BPCIA) in 2009 to create a framework for the introduction of biosimilar and interchangeable drugs into the US market. Like the predecessor Hatch-Waxman Act, which regulates market entry of generic small molecule drugs, the BPCIA outlines a process whereby companies can gain an abbreviated approval of more complex protein-based...
    • 30 Apr 2015

    FAA Issues New Proposed Rules for Unmanned Aerial Systems (Drones)

    The FAA Modernization and Reform Act of 2012 addressed the integration of civil unmanned aircraft systems, also known as UAS or drones, into the national airspace system. The Act requires the Secretary of Transportation to develop, among other things, a comprehensive integration plan and rules governing the operation of small UAS. On Feb. 15, 2015, the Federal Aviation Administration (FAA) issued its proposed rules. According...
    • 28 Apr 2015

    ‘Made in the USA’ Claims: California Adds Complications to FTC Standards

    Under current Federal Trade Commission (FTC) guidelines, a product may be advertised as “Made in the USA” if “all or virtually all” of the labor and materials in the product are domestic. While this standard is relatively strict, it allows a bit of flexibility in at least two situations. First, if the product is fully manufactured in the U.S. – primarily from U.S. materials, but with a...
    • 27 Apr 2015

    Purina and Jim Beam Hit By Lawsuits In California Federal Courts

    Nestle Purina hit by lawsuit over allegedly poisonous dog food. A lawsuit filed February 5 in the US District Court for the Northern District of California contends Nestle Purina PetCare’s Beneful dry dog food has “resulted in serious illness and death of thousands of dogs.” Bill Salzman, the company’s director of corporate communications, issued a statement terming the lawsuit “baseless”...
    • 23 Apr 2015

    Drug Quality and Security Act Does Not Apply to Veterinary Compounding

    While the Drug Quality and Security Act (DQSA) provided a new regulatory framework for compounded medications for use in human medicine, it does not apply to veterinary compounded medications. There has been some confusion in the industry, but veterinary compounded medications are still regulated by state pharmacy authorities, while the U.S. Food and Drug Administration (FDA) retains enforcement discretion with respect...
    • 23 Apr 2015

    FDA Opens Plan to Let Generic Drug Manufacturers Update Labels to Debate

    In response to the U.S. Supreme Court's holding in Pliva v. Mensing , 131 S. Ct. 2567 (2011), [ enhanced version available to lexis.com subscribers ], that federal laws and regulations preempted state failure-to-warn claims, the U.S. Food and Drug Administration (FDA) in 2013 proposed to allow generic drug manufacturers to update their warning labels unilaterally. However, last week, the FDA agreed to consider additional...
    • 21 Apr 2015

    Warning To NY Litigators − What Privilege Attaches To Pre-Litigation Attorney Statements? NY Appeals Court Answers: Qualified

    By Richard F. Hans , Andrew L. Deutsch , and Cherelle I. Glimp New York law has long recognized that attorneys who make defamatory statements in connection with an existing litigation enjoy an absolute privilege against claims for libel and slander. Whether such a privilege extends to statements regarding prospective litigation, however, has been a matter of dispute, and different departments of the Appellate Division...
    • 9 Mar 2015

    FAA Approves Ag Drone Flights for One Company: Is Decision a Road Map for Others?

    The Federal Aviation Administration has granted a Washington company (Advanced Aviation Solutions LLC) an exemption to fly unmanned aerial vehicles ("UAVs" or "drones") commercially for "precision agriculture" and "crop scouting" purposes. In general, FAA regulations prohibit any person from flying a UAV in national airspace without an airworthiness certification ( except for model...
    • 3 Mar 2015

    Navigating FDA and USDA Reporting/Notification Requirements for Adulterated and Misbranded Food

    When incidents of adulterated or misbranded food arise that trigger a need to report to or notify a federal agency, food companies face a number of somewhat confusing, and not always congruent, requirements. Both the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture, Food Safety and Inspection Service (USDA-FSIS) have reporting/notification requirements with regard to adulterated and misbranded...