Stephen Hall, Better Markets Legal Director and Securities Specialist, issued the following statement in connection with the Supreme Court’s decision in Loper Bright Enterprises v. Raimondo: “It’s another bad day for every American who depends on our federal agencies to protect them from a wide range of threats to their health, safety, and financial well-being. That means it’s a good day for all of the scam artists, polluters, and sweatshop operators who prey on everyday Americans. The Court has abolished the common sense, longstanding, and legally appropriate obligation of federal judges to respect the way agencies interpret the laws they enforce. That means judges now have the unlimited discretion to substitute their own reading of the law for what the experts say it means. That spells disaster in cases where a statute is vague, as they often are, and ideologically biased judge want to discard the agency’s interpretation to achieve what they see as a preferred outcome. In other words, judges can now shove the experts aside and make their own decisions, without a shred of the deep experience or expertise that agencies bring to their understanding and implementation of the law. This is another setback for all American consumers and investors, as the courts continue their assault on the agencies that work so hard to serve the public interest. “This decision threatens to return the United States to the 1910s when the government had very limited ability to protect the health, safety, and welfare of Americans. It’s going to affect everything from airbags in peoples’ cars to the quality of the food they feed their families and the water they drink. It is going to re-order the relationship between the government and the courts and the American people. It also has the potential to return the country to the control of Wall Street banks, financiers, corporations, CEOs, and the modern-day robber barons because it will be much more difficult for the government to constrain their predatory and often illegal conduct in a timely or effective way. “Even more broadly, the decision is going to disempower the executive branch and empower federal courts and federal judges, who will now substitute their beliefs, ideologies, and biases for the informed views of the agencies appointed by the American peoples’ elected representatives. That’s because almost no laws are self-executing and virtually all laws—especially those relating to health and safety—require agency interpretation and often end up in court challenges. Unless Congress passes a new law restoring judicial respect for agency expertise and interpretation, the courts will now give agencies no deference. That’s why it is also one of the most anti-democratic decisions that any court has made in decades.” https://lnkd.in/ev42-P6U
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Partner at Orrick | Employment Law & Litigation | Whistleblower & Corporate Investigations | DEI Advisory & Litigation
I am pleased to have joined my partners listed below in a cross-practice group, Q&A analysis of the FTC’s final rule banning most non-compete agreements. Read what our team from our Employment Litigation, Antitrust and State Attorney General practice groups provide as a practical and thoughtful analysis of what companies need to know now. Anna Aryankalayil | Eileen M. Cole | Andrew Cook | Mike Delikat | Craig Falls | James H. McQuade | Amy Ray #noncompete #competition #FTC #FTCAct
Life After the FTC Non-Compete Ban: What Companies Should Know
orrick.com
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#ClientAlert The Federal Social Court (Bundessozialgericht) has decided in three distinct cases (Ref. B 12 BA 1/23 R, B 12 R 15/21 R and B 12 BA 4/22 R) that service contracts concluded between a customer and a one-man shop (in the legal form of a limited liability company "GmbH" or "UG") and carried out by the one-man shop's sole shareholder and managing director can be classified as an employment relationship subject to social security contributions. This ruling closes the door to a frequently used structure in which individual contributors contracted with customers through their wholly owned legal entity in an effort to legitimately qualify as independent contractors. It is advisable to perform due diligence on existing contracts with one-man shop legal entities to mitigate the associated social security risks which can - in worst-case scenarios - include criminal sanctions. Read more about this topic in our latest Client Alert authored by our Baker McKenzie employment law partners Christian Koops and Steffen Scheuer: https://lnkd.in/eccg2S2u Click on the following link to access the German version: https://lnkd.in/eFVq_Jb6 #BakerMcKenzie #Employment #Law #Arbeitsrecht
Baker McKenzie | Client Alert | Germany: Increased misclassification risks in case of engagement of one-man shop
insightplus.bakermckenzie.com
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If we have justice documents created after discovery and truth done by state workers compensation fake courts in CALIFORNIA incorporated against human rights. Where corporate government benefited off of theft they helped created not giving justice by these corrupt above the law liars. where man made positions fraud laws they created to protect these murders from prosecution. No one is above is above the. Especially when real crimes have done and they are not here to help a road block in the way or justice. Where documents had to be made and evidence by numbers that all who see will show their wrong doing and freedom of information will not be giving which is not needed. Have plenty to show and can submit against these murders costumes 24/7 actors not a government for the dead entity or living human beings. Against freedom against life rights exchanged for privledges. Fact and since date of injury Union representatives employers officials state courts have denied due process of law have denied freedom have denied rights all living deserve. This is a corporation against everything the very foundation United States was built on! We the people are the government. Always have been. Participation is optional.This corporation has illegal taxed,attempts to end life, stolen from before worker’s compensation and only after have made very clear at war with my family using courts satanic law bonded to our possessions. Human meat market dead entity man made in fiction ALL CAP doing business in CALIFORNIA conflict of intests is the living human being who enters. Robbed of everything. Whsn will we be giving the right to be heard? Where a magistrate can acts as a judge for the duration of trial. Where a jury is present and recorded. People are giving free access court of law. The law before the existence of this fake governnent corporation. The law that will be here after their departure from the United States. Human rights real law common law away from the District of Columbia law where those who use color of law outside the radius of 10 miles from the District of Columbia is considered acts of war. CALIFORNIA state codes and statutes is color of law. District of Columbia operating in the state of is against freedom life privilege liberty is and is only thing provided. Not rights but wrongs by murders. When will my family be giving justice in slavery crimes?
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The Importance of Consumer Law Obligations in Social Care – Providing Quality Care In the third article of Jen Durbin’s series on the four main obligations under consumer law, she considers Quality of Service. Jen considers providers obligations under consumer law to ensure that the services they provide are performed with reasonable care and skill, and what this looks like. In this series, Jen will be looking at: -Transparency; -Equality -Quality of Service; and -Complaint Mechanisms #contract #consumerlaw #care https://lnkd.in/exgCj4gC
The Importance Of Consumer Law Obligations In Social Care – Providing Quality Care – Ridouts Solicitors
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Yesterday, the #FTC published its long-anticipated final rule that would ban most post-employment non-competition agreements. Within hours, the rule became the subject of a number of lawsuits seeking to prevent the rule from taking effect. In this client alert, my Ropes & Gray LLP colleagues and I discuss the critical points from the rule and practical considerations that employers and investors should be focused on as these processes move forward. #noncompete #employmentlaw #FTC
Federal Trade Commission Issues Sweeping Non-Compete Ban | Insights | Ropes & Gray LLP
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If you have an Enduring Power of Attorney in place already you may be wondering whether or not you need a Lasting Power of Attorney. Read more here: https://ow.ly/nZmh50PCl2P #sww #wills #professonal #EPA #LPA
I already have an EPA do I need an LPA? - The Society of Will Writers
https://www.willwriters.com
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Learn more about Lasting Powers of Attorney with Duncan & Toplis. Although its not something we like to think about, make sure your wishes are honored and your affairs are in trustworthy hands. Find out more here: https://okt.to/PnBafm #LegalServices #FinancialPlanning #Empowerment.
Lasting powers of attorney | Duncan & Toplis Legal Services News
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Attorney and Counsellor at Law, Commonwealth of Massachusetts, State of Connecticut, State of New York
#MassAppealsCtUpdate: With thanks to Laura Mangini, Kristi Bodin, Ryan McRae, Jocelyn Roby, and Christina Turgeon for their inspirational support today, as promised, here is Part 1 of my writeup on today's ##MassachusettsTortClaimsAct decision in Theisz v. MBTA, 103 Mass. App. Ct./104 Mass. App. Ct., No. 23-P-111 (Slip Op. Mar. 15, 2024) (Massing, J.): https://lnkd.in/ditn-aGc In short: Section 10(j)'s immunity for failures to prevent injuries by third parties (sometimes called the #publicdutyrule) does not apply to a claim of #negligenthiring-nee-#negligentsupervision. Factually and procedurally, the case arises from an #MBTA bus driver assaulting a passenger during a blizzard in 2015 that the #MBTA lost at #summaryjudgment. Legally, we have three holdings: 1. Although public employers (like the #MBTA) are not liable for #intentionaltorts by public employees, #negligenthiring, #negligentsupervision claims look to the conduct of the employer. 2. The language and decisional law of Section 10(j) only immunizes #tortious conduct by third parties. Accepting the T's claim that their driver was a third party would negate Section 2's command that public employers shall be liable for public employee's #negligence. 3. #Negligenthiring-nee-#Negligentsupervision did not constitute a failure to prevent harm by a third person immunized by Section 10(j), but amounted to a affirmative original act materially contributing to the harm triggering liability. Indeed, the bus driver had a history of dubious behavior while driving (including an arrest during a traffic stop driving the bus) that the T knew or should have known of-and the T chose to retain them as a driver anyway. Part 2 to follow with some discussion of the implications. Happy Friday and weekend! Waves also to James F. Wellock, Jonathan Michaud, Brian Schwartz, Michael Saporito, David Emer (your branch may want to do a little research here), Kerry Koehler, steven rourke, Andy Zeiberg, Ryan Schiff, and if you practice in these realms, leave a comment! #MunicipalLaw #CivilLitigation #TrialAttorneys #PersonalInjuryLaw #CivilRightsLaw #Torts #SovereignImmunity #LitigationUpdate
Social Law Library
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2007 was a year where Enduring Powers of Attorney changed to Lasting Powers of Attorney - this great short article explains the key differences two of which are 1) They remain unregistered until capacity is lost - LPA’s can be registered immediately and used immediately. 2) EPA’s only cover Property and Finance. Do you need to upgrade or arrange yours for personal & business?
If you have an Enduring Power of Attorney in place already you may be wondering whether or not you need a Lasting Power of Attorney. Learn more here: https://lnkd.in/eBT2gBbJ #sww #wills #professional
I already have an EPA do I need an LPA? - The Society of Will Writers
https://www.willwriters.com
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As 2024 rolls around, California businesses face a landscape of evolving legal regulations that demand. Check out our blog for a brief summary of the seven legal updates that California businesses should be aware of in 2024: https://lnkd.in/gD_sKbpg #LegalUpdates #California #Business #BusinessOwners #Employment #EmploymentLaw #mnklaw #mnklawyers Article by Shakti Vadgama
7 Important Legal Updates for Businesses in 2024
https://mnklawyers.com
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