In a 2014 blog post about the Dinesh D’Souza case, we speculated that it might have been one of the first “straw donor” cases identified based on automated analysis of campaign finance disclosure reports. It’s not clear that was actually the case, though the Department of Justice did say at the time that “the
May 2018
Reducing Required Minimum Distributions from a Defined Contribution Plan: The Spousal Rollover IRA
By Julie Edmond
During a participant’s lifetime, required minimum distributions (“RMDs”) from a defined contribution plan are relatively small in size. Less favorable treatment may apply after the participant’s death, depending on the distribution options offered by the plan, the form of distribution elected by the participant, the age of the beneficiary and the relationship between the participant…
IoT Update: Federal Appeals Courts Split on Forensic Searches of Devices Seized at Border
By Jim Garland
Two federal appellate courts are taking sharply different views on whether—and why—government agents must have some amount of suspicion to conduct forensic searches of electronic devices seized at the border.
The Fourth Circuit on May 9, 2018, held that government agents must have reasonable suspicion to conduct forensic searches of cell phones seized at the…
Lawsuit Alleges That Self-Checkout Videos Violate the Song-Beverly Act
By Yaron Dori
A class-action lawsuit filed last month alleges that Wal-Mart’s video recording technology at its self-service checkout kiosks collects “personal identification information” in violation of the California Song-Beverly Act Credit Card Act of 1971 (“Song-Beverly Act”). The Song-Beverly Act, like analogous statutes in several other states, generally prohibits businesses from recording customers’ “personal identification information” as…
Federal Appeals Courts Split on Forensic Searches of Devices Seized at Border
By Jim Garland
Two federal appellate courts are taking sharply different views on whether—and why—government agents must have some amount of suspicion to conduct forensic searches of electronic devices seized at the border.
The Fourth Circuit on May 9, 2018, held that government agents must have reasonable suspicion to conduct forensic searches of cell phones seized at the…
The Week Ahead in the European Parliament – May 25, 2018
Summary
The coming week will see the European Parliament hold a plenary setting in Strasbourg, France. Besides important votes, debates and committee meetings, this week will see visits from two Presidents and a Prime Minister.
The first session on Monday focuses on fisheries. Members of European Parliament (“MEPs”) will debate the multi-annual plan for demersal…
The Commission’s Proposal on Health Technology Assessment – Will the EU Member States Accept its Mandatory Provisions?
Introduction
Health technology assessment (“HTA”) is a multidisciplinary assessment process that seeks to evaluate the added therapeutic value of health technologies (i.e., drugs, certain medical devices, medical treatments including surgical procedures, and measures for disease prevention and diagnosis) based on both clinical and non-clinical elements. Until now, HTA has strictly fallen in the purview of…
Encryption Policy Issues in the EU
In light of increasing discussion about the public policy implications of encryption, opinions among EU Member States on how best to tackle the issue are split. Certain Member States, such as the UK, have repeatedly called for uninhibited access by national authorities to encrypted messages for national security purposes. Others recognize the legitimate security interests…
EU Policy Update for Q1 2018 – Budgets and Upcoming EU Elections, Steel and Aluminum Tariffs, a “Digital Tax” proposal, and Brexit
Four major issues dominated the EU agenda in the first quarter of 2018: institutional adaptations in view of next year’s elections and appointments; a threat by the United States to impose tariffs on imports of steel and aluminium; a proposal for a tax on technology companies; and the beginning of the second phase of the…
Advanced Competition Law Conference – Joint Presentation on Cartel Enforcement with Covington’s Johan Ysewyn and DG Competition’s Maria Jaspers
On 15 May 2018, Johan Ysewyn and Maria Jaspers (DG COMP) presented on recent major developments in the area of EU cartel enforcement at the Advanced Competition Law Conference in London.
Their annual dual-presentation covered the traditional three pillars of enforcement, policy and court review. The topics covered in this latest instalment included:
- A review
…