The United Kingdom’s Take on Self-Regulation

They had the Beatles, we’ve got the Eagles. They have Big Ben, we have the Washington Monument. There are endless comparisons to make between British institutions and those born in the United States, and things are no different the advertising field. Today, we’re talking specifically about advertising industry self-regulation, which both the United States and United Kingdom got serious about in the latter half of the twentieth century. In 1962, the United Kingdom advertising industry established its Advertising Standards Authority (ASA), which adjudicates claims of non-compliance with the British Code of Advertising Practice. Nine years later, the National Advertising Review Council – now known as the Advertising Self-Regulatory Council (ASRC) – was formed in the United States.

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Supreme Court gives ruling in international child custody case

The UK’s Supreme Court has recently given its ruling in a long-running international child custody dispute that has seen the child in question move back and forth between the USA and UK.

The case involved a child, K, who was born in 2006 in Texas and is a United States citizen. His father is also a US citizen; his mother came to the UK from Ghana as a very young child and she has indefinite leave to remain in the UK. They married in Texas in December 2005 and lived together there.

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McDonald Hopkins Government Strategies Advisory: This Week in Washington — December 6, 2013

Senator Patty Murray (D-WA) and Rep. Paul Ryan (R-WI), who chair the budget super committee set up as a result of the deal to end the government shutdown, are optimistic a deal can be reached on spending levels through 2015.

While the long sought “grand bargain” appears to once again be out of reach, Murray and Ryan are close on a smaller deal, and even a smaller deal would be a positive step considering the gridlock in Washington these days.

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Ohio Statehouse Update: This Week in Ohio — December 6, 2013

Efforts to pass Senate Bill 58, controversial legislation to alter Ohio’s energy efficiency and renewable portfolio standards out of the Senate Public Utilities Committee, was delayed for a second time this week. Senator Bill Seitz (R-Cincinnati), the bill’s sponsor and chair of the committee considering the bill, had scheduled acceptance of a substitute bill and a vote on the measure prior to announcing cancellation of the committee.

The committee has heard lengthy testimony for several months on the measure. Proponents of the bill, including the Ohio Chamber of Commerce, argue the legislation is needed to prevent future hikes in electricity costs for businesses and consumers. Opponents claim the bill will effectively gut the current clean energy law and result in a hand out for utilities—the bill allows utilities to retain a greater percentage of savings resulting from energy efficiency programs than current practice permits.

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McDonald Hopkins Government Strategies Advisory: This Week in Washington — December 6, 2013

Senator Patty Murray (D-WA) and Rep. Paul Ryan (R-WI), who chair the budget super committee set up as a result of the deal to end the government shutdown, are optimistic a deal can be reached on spending levels through 2015.

While the long sought “grand bargain” appears to once again be out of reach, Murray and Ryan are close on a smaller deal, and even a smaller deal would be a positive step considering the gridlock in Washington these days.

Murray and Ryan are trying to wrap up a budget agreement that would set 2014 discretionary spending levels near $1 trillion, while replacing the sequester with alternative, targeted spending cuts. No cuts will be made to entitlement programs like Medicare, Medicaid and Social Security.

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Healthcare Alert: CMS issues 2014 Medicare Physician Fee Schedule final rule

On November 27, 2013, the Centers for Medicare & Medicaid Services (CMS) released the Medicare Physician Fee Schedule final rule for calendar year 2014 and related CMS commentary (the Final Rule). In addition to updating payment rates under the Medicare Physician Fee Schedule and the Medicare Clinical Laboratory Fee Schedule, the Final Rule revises various Medicare Part B payment policies. The Final Rule is scheduled to be published in the Federal Register on December 10, 2013, and is available here. Some of the policy changes are noted below.

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Supreme Court Finds That Unlawfully Obtained Evidence Still Admissible

In a decision, delivered by Justice Thomas Cromwell of the Supreme Court of Canada, the court found that even though a police search of an accused’s personal computers was unlawful, the evidence obtained as a result of the search should not be excluded, because the “violation was not serious” and because the police believed on reasonable grounds that the computer search was authorized by a warrant.  
 
In this case ( R v. Vu, 2013 SCC 60 ) the police charged Vu with production of marijuana, possession of marijuana for the purpose of trafficking and theft of electricity.  The police obtained a search warrant authorizing the search of a residence for evidence of theft of electricity.  The warrant allowed the police to search for documentation identifying the owners and/or occupants of the residence.   Even though the Information to Obtain a Search Warrant (“ITO“) indicated that the police intended to search for, among other things, “computer generated notes”, the warrant did not specifically refer to computers or authorize the search of computers.  In the course of their search of the residence, police found marijuana.  They also found two computers and a cellular telephone.  A search of these devices led to evidence that Vu was the occupant of the residence. 
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Multistate Tax Update — December 5, 2013

The timing seemed perfect. On the busiest online shopping day of the year, Cyber Monday, the U.S. Supreme Court declined to hear a case regarding the constitutionality of New York’s so-called online affiliate nexus laws. In typical fashion, the Court turned down petitions from Amazon and Overstock.com without explanation. Consequently, the decision by New York’s highest court upholding the state’s 2008 affiliate nexus statute remains the law of New York. The decision in New York was covered in a prior Multistate Tax Update. Interestingly, an affiliate nexus law similar to that in New York was overturned by Illinois’ highest court, creating a divergence in the precedent by the highest courts in two states. The laws were substantially similar, yet the highest court of each state reached opposite conclusions.

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William Anaya quoted in Law360 on local hydraulic fracturing regulations

Arnstein & Lehr

William Anaya

Arnstein & Lehr Chicago Partner William Anaya contributed to a November 21 Law360 article titled “Federal Fracking Stalemate Keeps Regulatory Focus Local.” The article discusses proposed legislation to block recent federal hydraulic fracturing rules passed in the U.S. House of Representatives on November 20. While the bill is expected to die in the Senate, experts say energy companies should be more concerned with local actions that can shape long-term policy.

To read the article in full, please click here.

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William Eveland quoted in Law360 on Illinois Marriage Equality Bill

Arnstein & Lehr

William Eveland

Arnstein & Lehr Chicago Partner William Eveland was quoted in a Law360 article on November 20 titled, “Illinois Marriage Equality Bill Signed Into Law.” The article discusses the marriage equality bill that was signed into law by Governor Pat Quinn on November 20, making Illinois the 16th state to embrace marriage equality.

To read the article in full, please click here.

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