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Articles by Thurbert Baker
US Policy Preview 2022 | JD Supra
Dentons’ 2022 US Policy Preview examines the current policy landscape in Washington DC, describing the actions and impasses in 2021 that will shape legislative activity and Administration policymaking for the coming months leading up to the midterm elections. This policy overview evaluates the most significant legislation in Congress, as well as the most pressing initiatives driven by the Biden Administration.
Borrower Defense: ED Signals New Pathways to Student Loan Forgiveness for Students, Significant Liabilities for Institutions | JD Supra
This week the U.S. Department of Education (ED) released draft regulatory proposals addressing a variety of higher education policy areas ahead of a penultimate round of negotiated rulemaking next month in Washington. These rules address policy areas impacting student loans and federal repayment programs. Individual topics range from Pell grant eligibility for prisoners to the Public Service Loan Forgiveness process and a new income-driven repayment plan for eligible borrowers.
US Supreme Court Rules FTC Cannot Seek Restitution | JD Supra
In a resounding rejection of the Federal Trade Commission’s (“FTC”) longstanding interpretation of its statutory powers, the U.S. Supreme Court unanimously ruled on April 22, 2021, that the FTC lacked authority to secure consumer restitution in Federal courts under the FTC Act’s Section 13(b).1 According to the opinion by Justice Stephen Breyer in AMG Capital Management v.
State Attorneys General and Unfair or Deceptive Acts or Practices (UDAP) | JD Supra
Almost every state has its own deceptive and unfair trade practices law (UDAP), enforced by that state’s attorney general (AG). No fraud need be involved. The enforcement is civil, not criminal, but the statutory civil fines can be steep. The Federal Trade Commission (FTC) has ceded much of the enforcement to the states.
CCPA Update: The July 1 Enforcement Date for CCPA Remains Firm As Final Regulations Are Submitted For Approval | JD Supra
On June 1, the California Attorney General’s Office (AG) submitted its final rulemaking package under the California Consumer Privacy Act (CCPA) to the California Office of Administrative Law (OAL). The regulations as submitted provide important clarifications, including guidance for companies addressing issues arising from COVID-19.
Ohio Attorney General Petitions For Writ Of Mandamus To Stop Opioid Trials
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Ohio Attorney General petitions for writ of mandamus to stop opioid trials | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Viewpoint: State attorneys general matter. Here's why.
At times in our history, the federal government has been seen as a change agent. This isn't one of those times. With an anti-Big Government White House invested in deregulating and dismantling the administrative state, Congress in a near-permanent state of partisan gridlock and a Supreme Court guided by an originalist view of the role of government, state legislatures and state government agencies have stepped in to fill the legislative and regulatory void.
Imports poison pills
As former state attorneys general, we are keenly aware of how stretched local law enforcement budgets are and how law enforcement officials already struggle to contain the flood of illegal drugs. That job could get a lot harder if we have to start tracking prescription drugs. Bills before Congress would end a longstanding ban on the import of prescription medicines not previously cleared by the Food and Drug Administration.
Nation must slam door on imported counterfeit Drugs
As former state attorneys general, we are keenly aware of how stretched local law enforcement budgets are and how law enforcement officials already struggle to contain the flood of illegal drugs flowing into the United States from other countries. That job could get a lot harder if we have to start tracking prescription drugs, too. Bills before Congress would end a longstanding ban on the import of prescription medicines not previously cleared by the Food and Drug Administration.
Rural America Keeps Rejecting Big Wind – InsideSources
The backlash against Big Wind continues. Indeed, entire states are now restricting or rejecting wind projects. In April, Oklahoma Governor Mary Fallin signed a bill that puts an early end to lucrative tax credits that Big Wind was collecting in the Sooner state. The move will save the state about $500 million over the next decade. In May, the Tennessee legislature passed a ban on new wind projects until July 2018.
Protect consumers from cash advance companies, too
New York Attorney General Eric Schneiderman last month filed a complaint against a lawsuit cash advance firm for allegedly engaging in predatory lending practices. RD Legal Funding stands accused of shamefully taking advantage of 9/11 first responders and brain-injured NFL players by offering high interest advances on expected payouts from legal settlements. Schneiderman's filing should be wake-up call to lawmakers in Albany.
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