So, who is going to be the next Attorney General of the United States, and why should you care? The nominee’s name is Loretta Lynch, the United States Attorney for the Eastern District of New York (Brooklyn), and her confirmation had been held up in the Senate for months in a dispute over the Anti-Human Trafficking bill because it contained anti-abortion funding language. Lynch was nominated by the President last November. Senate Majority Leader Mitch McConnell had promised that the trafficking bill must be completed before the Senate voted on Lynch. And so we waited. But on Thursday, April 23, an agreement was reached and Loretta Lynch was approved by the Senate 56-43.You should care about Loretta Lynch because her history and prosecutorial priorities will affect what happens to you and your business.Who Is She?Lynch is a Harvard-educated North Carolina native who spent hours with her pastor father watching court proceedings in Durham, NC. Her … [Read more...] about Who is the Next U.S. Attorney General and Why Should You Care?
Who helps the president make decisions
When Lincoln was elected president in 1860, he had less experience in public office than almost every president who had preceded him. His career in government amounted to eight years in the Illinois General Assembly and another two in the U.S. House of Representatives.What Lincoln did have, however, was a quarter-century of experience practicing law, much of it “riding circuit” in the often rough-and-tumble courts of central Illinois. Lincoln relied on his extensive legal experience to inform the difficult decisions he would be forced to make as president.Political philosopher Edmund Burke once opined that “the legal profession renders its practitioners acute, inquisitive, dexterous, prompt in attack, ready in defense, full of resources. No other profession is more closely connected with actual life than the law. It concerns the highest of all temporal interests of man—property, reputation, the peace of all families, the arbitrations and peace of nations, … [Read more...] about Training Ground for the Presidency
Ten former chairs of the American Bar Association’s Health Law Section published a letter to President Donald Trump and congressional leaders Monday, offering their suggestions on how best to reform health care.The letter was published on LinkedIn by 2007-2008 Health Law Section chair Andrew Demetriou. Demetriou, who represents healthcare companies in business transactions, says he chose LinkedIn because he has no website of his own, and he needed an easily shared URL. He says the goal was to share the signatories’ experience in health care law, on a nonpartisan basis.“My thought was we’re lawyers, this is a legal matter and we wanted to offer our best ideas of what we think should be offered in reform legislation,” Demetriou, of Lamb and Kawakami in Los Angeles, told the ABA Journal.The letter emphasizes that the writers are speaking as citizens, not for the Health Law Section, the ABA or their own employers. The letter also says its suggestions come from … [Read more...] about Former ABA Health Law Section chairs offer guidance to the president on health care reform
Then Bill Black took the stand for the defense and he made the jury laugh.It was August 2014, and by then many if not most potential jurors likely knew that major financial institutions had been implicated in residential mortgage-backed securities fraud that played a big role in the global collapse of financial markets in 2008. But now the bankers themselves were in effect put on trial. Defense lawyers projected a flier on the screen in the courtroom that indicated the mortgage company the conspirators were accused of bilking was itself involved in the overall scheme.The flier had been circulated by the alleged fraud victim, GreenPoint Mortgage Funding. A subsidiary of Capital One Financial Corp., GreenPoint specialized in making loans without verifying a borrower’s ability to pay—”stated income loans” in the language of regulators; “liar’s loans” in the wake of the 2008 financial collapse.Under a drawing of the proverbial three wise monkeys, … [Read more...] about Will those who led the financial system into crisis ever face charges?
Legislative ActivityEffective Apprenticeships Rebuild National Skills (EARNS) ActMembers of the House Committee on Education and the Workforce introduced two bills that seek to promote fair union elections and restore important protections for workers and employers. The first is the Workforce Democracy and Fairness Act (H.R. 2776), introduced by Rep. Tim Walberg (R-MI), chairman of the Subcommittee on Health, Employment, Labor, and Pensions. The bill seeks to protect worker freedom by addressing the National Labor Relations Board’s (NLRB) ambush election rule and micro-union scheme. The second, introduced by Rep. Joe Wilson (R-SC), is the Employee Privacy Protection Act (H.R. 2775), which will roll back NLRB policies that may jeopardize the privacy of workers and their families.House Expresses Concern on Job CorpsLast week, House Education and the Workforce Committee Chairwoman Virginia Foxx (R-NC) and Subcommittee on Higher Education and Workforce Development … [Read more...] about Secretary DeVos Testifies on Education Budget; Department of Education Must Make Decisions on Higher Ed Regulations
It seems like the most obvious of questions for a lawyer to ask: “Who is my client?”But as with so many other seemingly easy questions, the answer is seldom very simple. The answer is crucial, however, to establishing whether a lawyer-client relationship exists. And the creation of that relationship triggers a series of legal and ethical duties that the lawyer owes to the client on such vital matters as confidentiality and conflicts of interest.Recently, the lawyer’s duty to report wrongdoing by clients has gained greater attention in the wake of corporate scandals and the passage of federal legislation–primarily the Sarbanes-Oxley Act of 2002–aimed at bringing corporate wrongdoing under some measure of control.Sarbanes-Oxley provided for tougher regulations issued by the U.S. Securities and Exchange Commission that require lawyers representing a corporation to report “up the ladder” when they learn of internal violations of … [Read more...] about Who Is The Client?
We commented on all those public announcements about H-1B’s in our blog of April 5, 2017, skeptical as to whether they indicated that the program would really be restructured. Then on April 18, the President issued his Executive Order: Buy American and Hire American. The prior agency announcements coupled with this Executive Order have created a lot of confusion, misunderstanding, and fear, so much so, that many non-immigrants in the United States sincerely believe that their days in the United States are numbered. In fact, this is not the case. It is time to address how the state of affairs came to be and what the actual reality is. Question: Announcements by government officials and reports in the press seem to indicate that the U.S. work visas, as we know them, particularly the H-1B visa are under attack and may soon be history. Is this true?Both supporters of the Administration, and its opponents will agree that a significant element of the announced … [Read more...] about Immigration Fact and Fiction for the U.S. Employer: Is There a Future for H-1b Visa Holders After The President’s Executive Order of April 18, 2017?
Individuals and trusts that will be subject to U.S. federal income tax in 2013 are facing a challenge remarkably similar to that of the protagonist in The Lady, or the Tiger, Frank Stockton’s famous 1882 short story. In the story, the hero must choose between two unmarked doors; behind one is a beautiful bride and behind the other is a hungry tiger. He has been offered some clues, but these clues as easily could be false as helpful. So it is for individuals and trusts attempting to structure their affairs in a tax-efficient manner at this time. The tax environment for 2013 is in a state of flux, and taxpayers cannot be certain whether their choice will result in tax savings or additional tax being paid. This Alert summarizes what can be said for certain, what issues are still open and some possible outcomes. And while we cannot predict the legislative conclusions, we will do our best to provide helpful clues.As described in detail below, without additional action on the part of … [Read more...] about The Lady, or the Tiger: Making Informed Choices in 2013’s Uncertain Federal Income Tax Environment
In ordering the U.S. Air Force to attack Libyan targets on the ground and impose a no-fly zone in the air, President Barack Obama sent the U.S. military into combat without Congress’ blessing. This was not always President Obama’s view. Anti-war Democrats vigorously challenged President George W. Bush’s conduct of the wars in Afghanistan and Iraq by claiming that he had violated Congress’ right to declare war. As a presidential candidate in 2007, Obama once agreed: “The president does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.”Fast-forward four years. In announcing the intervention in Libya, Mr. Obama told Congress that he was acting “pursuant to my constitutional authority to conduct U.S. foreign relations and as commander in chief and chief executive.” As the Libyan war reached its 60th day at the end of May … [Read more...] about War Powers Belong to the President
1. The President of India is a constitutional head of the Union Government In India, it is generally assumed that the President has no specific powers and acts as per the aid and advice of the Council of Ministers headed by the Prime Minister in the exercise of his powers and functions and can only once send the advice back to the Council of Ministers for its reconsideration and thereafter he is bound to act as per the reconsidered advice of the Council of Ministers. However as no time limit is prescribed in the Constitution during which the President has to act on the advice of the Council of Ministers, the President may also put the ministerial advice on hold for an indefinite period of time and thus may delay the final decision of the Cabinet. But generally, the President … [Read more...] about Taking the President seriously: Indian President’s power to grant sanction of prosecution against the Prime Minister