Legal process – Loro Dinapoli http://lorodinapoli.org/ Fri, 29 Oct 2021 05:18:18 +0000 en-US hourly 1 https://wordpress.org/?v=5.8 http://lorodinapoli.org/wp-content/uploads/2021/07/icon-2021-07-06T154208.998-150x150.png Legal process – Loro Dinapoli http://lorodinapoli.org/ 32 32 Facebook asks employees to keep communications for legal reasons http://lorodinapoli.org/facebook-asks-employees-to-keep-communications-for-legal-reasons/ http://lorodinapoli.org/facebook-asks-employees-to-keep-communications-for-legal-reasons/#respond Fri, 29 Oct 2021 02:29:00 +0000 http://lorodinapoli.org/facebook-asks-employees-to-keep-communications-for-legal-reasons/ Facebook has asked employees to “preserve documents and internal communications since 2016” that pertain to its activities, as governments and lawmakers have opened investigations into its operations, according to a company email sent Tuesday night. The move, known as the “legal take”, follows close scrutiny from the media, laws and regulations about damage caused by […]]]>

Facebook has asked employees to “preserve documents and internal communications since 2016” that pertain to its activities, as governments and lawmakers have opened investigations into its operations, according to a company email sent Tuesday night.

The move, known as the “legal take”, follows close scrutiny from the media, laws and regulations about damage caused by the social network. Lawmakers and the public are angry after Frances Haugen, a former Facebook employee turned whistleblower, provided thousands of internal documents to lawmakers and the media showing how well the company was aware of some of its ill effects, such as the spread of misinformation and exacerbating body image problems in some adolescents.

These files, known as Facebook Papers, were originally posted by The Wall Street Journal.

“As you probably know, we are currently at the center of extensive media coverage based on a series of internal documents,” Facebook said in the employee email, which was obtained by The New York Times. “As is often the case with this type of reporting, a number of investigations by governments and legislative bodies have been launched into the operations of the company.”

In the Facebook Papers, the company’s researchers debated how to fix many of the issues that have arisen in some of its products over the years. Over time, basic Facebook features – such as likes, shares, groups, recommendations – have not only been used to grow the business, but have also been manipulated by some to harm users. , according to the documents. Many Facebook employees wondered how to contain the fallout, according to the documents.

Ms. Haugen has filed whistleblower complaints with the Securities and Exchange Commission. She also testified in Congress this month and spoke with British lawmakers on Monday.

A Facebook spokesperson confirmed that the legal suspension was sent to employees on Tuesday evening, but declined to clarify the cause of action. “Records retention requests are part of the process of responding to legal inquiries,” she said.

Facebook has already issued legal instructions to employees. Last year, after the Federal Trade Commission and state attorneys general sued Facebook for illegally crushing its competitors, the company advised workers to avoid discussing issues related to the litigation and asked them to take online training courses understand competition compliance policies.

The company is also involved in an online ad pricing investigation with Google in an antitrust lawsuit against the search giant filed by 10 state attorneys general last year.

Facebook has also tried to tackle employee leaks. This month, he told workers he would shut down internal groups focused on platform and election security. This would make it more difficult for them to see discussions related to these topics and limit participation.

“These are the actions of a company trying to withstand scrutiny, not embrace transparency,” wrote Senator Richard Blumenthal, a Democrat from Connecticut who led a Senate subcommittee investigation on Facebook , in a letter to Mark Zuckerberg, CEO of Facebook about the action. .

In Tuesday’s email, Facebook told employees to keep everything from January 1, 2016. It also advised them to keep messages encrypted and noted that they should stay away from ephemeral messages at times. business purposes until further notice.

There has been no “specific action at this time,” the email reads, but employees should not discuss or post the legal suspension anywhere on Workplace, the internal bulletin board of the company. business.

Not all aspects of Facebook’s business were bound by legal custody, according to the email. The company told employees that documents related only to WhatsApp, its messaging service; Spark AR, his augmented reality studio; and the new product experimentation group, an internal incubator, were excluded from legal control.

“You don’t need to keep any documents or communications that relate exclusively to WhatsApp as a company product,” the email read. “You should keep all WhatsApp messages related to other topics.”


Source link

]]>
http://lorodinapoli.org/facebook-asks-employees-to-keep-communications-for-legal-reasons/feed/ 0
Court of Appeal examines legal process leading to injunctions related to the occupation of Six Nations lands – Hamilton http://lorodinapoli.org/court-of-appeal-examines-legal-process-leading-to-injunctions-related-to-the-occupation-of-six-nations-lands-hamilton/ http://lorodinapoli.org/court-of-appeal-examines-legal-process-leading-to-injunctions-related-to-the-occupation-of-six-nations-lands-hamilton/#respond Wed, 27 Oct 2021 22:14:23 +0000 http://lorodinapoli.org/court-of-appeal-examines-legal-process-leading-to-injunctions-related-to-the-occupation-of-six-nations-lands-hamilton/ A panel of judges decides whether or not the spokesperson for a Six Nations land occupation had a fair chance in Superior Court proceedings which resulted in a pair of standing injunctions in Caledonia a year. On Tuesday, the Ontario Court of Appeal heard from lawyers on both sides of the legal battle over land […]]]>

A panel of judges decides whether or not the spokesperson for a Six Nations land occupation had a fair chance in Superior Court proceedings which resulted in a pair of standing injunctions in Caledonia a year.

On Tuesday, the Ontario Court of Appeal heard from lawyers on both sides of the legal battle over land that has been dubbed 1492 Land Back Lane by defenders of the Haudenosaunee lands.

Last October, Justice RJ Harper made two injunctions permanent – one banning people from entering a construction site on McKenzie Road where a developer had planned to build more than 200 homes, and another banning the establishment of dams lorry drivers on Haldimand County roads.

The judge also ordered Land Back Lane spokesman Skyler Williams – the only defendant named in the case – to pay the legal bills for the litigation.

The story continues under the ad

Williams has appealed the ruling, which is why the case is back in court.

Read more:

Developer cancels McKenzie Road subdivision in Caledonia due to ongoing land dispute

Barry Yellin of Ross and McBride LLP, who represents Williams on the appeal, said the court process was “procedurally unfair” and Williams should not have been banned from the proceedings.

“There was no attempt at reconciliation in the process that was before this tribunal.”

Williams had his comments struck out of the record when he admitted he would not obey court orders, resulting in him being found in contempt.

Yellin said this meant Williams hadn’t had a chance to defend his position that the case was about Indigenous land rights.

“The estrangement of Indigenous peoples from the Canadian justice system is something the court must consider in the context of the rule of law itself. This estrangement was further manifested by the removal of the pleadings and the removal of Mr. Williams from the court.

Yellin said the judge could have had a ‘amicus curiae“-” friend of the court “in Latin – act as an impartial party to the court to provide context to the constitutional issues reflected in Williams’ position as an indigenous person without legal representation.

The story continues under the ad

Read more:

1492 Land Back Lane spokesperson Skyler Williams arrested in Toronto

“The decision to grant a permanent injunction was taken without any indigenous voice in the proceedings,” Yellin said.

“Grouped together in the appellant’s defense, the notice of constitutional question and the third party third party were points of law, in fact, which required judicial review. Amicus, in my opinion, would have ensured that these points could have been taken into account before the determination of the final order. “

Foxgate Developments canceled the McKenzie Meadows subdivision earlier this year, citing continued land occupation as the main reason for the project cancellation.

Paul DeMelo of Kagan Shastri LLP, representing Foxgate before the Court of Appeal, argued that Justice Harper’s ruling should stand, saying Williams had engaged in an “abuse of process” by admitting that he would continue to disobey court orders.

“[Justice Harper] gave Mr. Williams ample opportunity to participate, ”said DeMelo. “His honor unequivocally informed Mr. Williams that he could participate fully in the proceedings if he were to cleanse himself of contempt.”

The story continues under the ad

He said that disagreeing with a court order does not give someone the right to disobey that court order and that Williams had an opportunity to make his position heard if he did not. chosen in contempt of court.

“If a person blatantly declares that he will not comply with a court order that is not in his best interests, that person should not have the opportunity to seek redress from the court as well.”

Read more:

Land Back Lane spokesperson ordered to pay legal bills for land dispute in Caledonia

More than a year after the occupation began, the land defenders remain at the McKenzie Road site, claiming the land is unceded Haudenosaunee territory.

It’s unclear when the panel of judges will return with their decision, as they have indicated they will reserve it at a later date.

If the appeal is allowed, the case would return to Superior Court before a different judge and Williams’ arguments would be restored.

Judge David Doherty stressed that the issues raised by Williams are “on the face of it, important issues” and should not disappear from the discussion with him.

“May be friend should have been appointed at this point to help the judge understand whether Mr Williams’ dismissal might also close the door on some very important arguments.

The story continues under the ad


Click to play the video:







Residents of Six Nations and Caledonia clash over land dispute


Six Nations and Caledonian Residents Clash Over Land Claim Dispute – October 25, 2020

© 2021 Global News, a division of Corus Entertainment Inc.


Source link

]]>
http://lorodinapoli.org/court-of-appeal-examines-legal-process-leading-to-injunctions-related-to-the-occupation-of-six-nations-lands-hamilton/feed/ 0
In California, consumer debt is not collectible after 4 years http://lorodinapoli.org/in-california-consumer-debt-is-not-collectible-after-4-years/ http://lorodinapoli.org/in-california-consumer-debt-is-not-collectible-after-4-years/#respond Tue, 26 Oct 2021 13:00:18 +0000 http://lorodinapoli.org/in-california-consumer-debt-is-not-collectible-after-4-years/ Some businesses and debt collectors may want you to think your financial obligations will bother you forever, unless you can find some cash. What they usually don’t tell you is that there are laws that limit how long you can actually be sued for any unpaid bills. In California, the limitation period for consumer debt […]]]>

Some businesses and debt collectors may want you to think your financial obligations will bother you forever, unless you can find some cash.

What they usually don’t tell you is that there are laws that limit how long you can actually be sued for any unpaid bills.

In California, the limitation period for consumer debt is four years. This means that a creditor cannot succeed in court after four years, making the debt essentially uncollectible.

But there are tips that can jumpstart the debt clock.

I bring this up in light of a strangely menacing letter from cable giant Spectrum to former customers in which the company offers to neglect past debts as long as the ex-customer agrees to return to service.

Spectrum insists that renewing service will wipe out your old debt. Legal experts tell me, however, that consumers should be careful with such offers.

They say if a former customer has past debt and that debt is more than four years old, it could be subject to legal action again after an account is reopened and payments resumed.

As soon as the old debt is reactivated, a creditor has an additional four years to request payment.

“I think Spectrum would have a good legal argument that, yes, once the account becomes active again and once the money changes hands, whatever is left over in that account becomes fair play again,” said Pamela Foohey, professor of law at Yeshiva University in New York.

Mary Spector, professor of consumer law at Southern Methodist University in Dallas, came to the same conclusion.

“It’s called reviving an old debt,” she said. “If you make a payment to a reopened account, it could be a assumption of the old debt, and that means the old debt could be collected again.”

Reviving old debts is a common ploy among unscrupulous debt collectors. They can buy debts that are over the statute of limitations for pennies on the dollar and then try to trick the debtor into making even a small payment.

Once a payment of any size is made, the debt is reactivated and the collector is free to sue (or threaten to sue).

It’s hard to see why Spectrum would find any advantage in playing such games with old customers. But his letter is vague enough to raise questions.

He Says The Company “Will Take Off Your Debt And Stop Reporting It To A Credit Bureau” – if the former customer agrees to re-register for the TV, Internet or telephone service.

In a previous column, I looked at the implicit threat of the offer: renew your service or we’ll destroy your credit rating by reporting you as a bad debtor to the credit bureaus.

From a debt stimulus perspective, the issue is the promise to “remove” old debts from a former customer’s account. What exactly does this mean?

Does this mean Spectrum is forgiving the debt? Or does it mean that the business is removing debt from your active account while keeping it somewhere on the books?

Dennis Johnson, a spokesperson for Spectrum, confirmed to me that “that means the debt is gone for good.”

He said that “customers who received this offer are currently in the process of collection and are eligible because they have a balance outstanding for at least two years.”

(Spectrum is teaming up with the Los Angeles Times on a evening tv show.)

At the very least, this episode serves as a good learning time for all consumers to be mindful not only of accumulating debt, but also of their rights under each state’s statute of limitations.

“In most statutes of limitations, making even a partial payment resets the clock,” said Angela K. Littwin, professor of law at the University of Texas at Austin. “That’s why debt collectors often encourage consumers to pay as little as they can. “

Just because the statute of limitations has passed doesn’t mean your debt has been forgiven. A creditor or collector can still turn the screws when playing with your credit score, even if you are out of the reach of legal action.

My advice: Pay your bills. But also remember that safeguards exist.

Section 807 of the Federal Law Fair Debt Collection Practices Act says that “a debt collector may not use any false, misleading or deceptive representation or means in connection with the collection of any debt.”

California has his own version of the law. It prohibits “unfair or deceptive acts or practices in the collection of consumer debts”.

Altadena resident Steve Schklair recently received one of the Spectrum Letters. It just so happens that it ended its cable service in the fall of 2017, meaning the statute of limitations on outstanding obligations would take effect overnight.

Schklair, who says he owes Spectrum no money, likened the company’s offer to “corporate blackmail.” Spectrum declined to comment on the status of Schklair’s account.

Ted Mermin, executive director of the Center for Consumer Law & Economic Justice at UC Berkeley, said that “if a former subscriber made having debt and later replenished with Spectrum, the company might theoretically be able to revive the statute of limitations of the old debt – for example, by earmarking some or all of the new monthly subscription payment to the old debt. “

Once again, Spectrum claims that renewing the service will make any past debt go away for good – although I had to rely on the company to point it out in plain language.

They now officially say that your old debt will be gone if you renew the service. Keep this in mind if you experience any heartache related to it.

Consumers should regularly question any offers to cancel past debts. Make sure you get it in writing, and make sure what’s going on with the statute of limitations is absolutely clear.

“Telling former clients that you will give up your debts if the client returns to service could be an empty promise,” Foohey told Yeshiva University.

“Customers will want to make sure their account balance is reset to zero when they resume service,” she advised. “Make sure the forgiveness shows up on their account statement. “

It would be highly unusual for a large company like Spectrum (owned by even larger Charter Communications) to try to get a quick fix on ex-indebted customers. But as I noted above, these types of ploys are all too common among debt collectors.

Never, ever make even a partial payment to a collector until you have determined whether the debt is within the statute of limitations or if any threat of collection is worthless.

Always ask a collector for written proof of your obligation, which by law they must provide. This is the easiest way to see if you are legally in the clear.

And if the terms of a marketing offer are ambiguous, seek clarification, in writing if necessary, before agreeing to a new deal.

The last thing we need is more financial problems.


Source link

]]>
http://lorodinapoli.org/in-california-consumer-debt-is-not-collectible-after-4-years/feed/ 0
Inside the lawsuit that ended the patenting of genes in the United States http://lorodinapoli.org/inside-the-lawsuit-that-ended-the-patenting-of-genes-in-the-united-states/ http://lorodinapoli.org/inside-the-lawsuit-that-ended-the-patenting-of-genes-in-the-united-states/#respond Mon, 25 Oct 2021 09:07:15 +0000 http://lorodinapoli.org/inside-the-lawsuit-that-ended-the-patenting-of-genes-in-the-united-states/ Protesters outside the United States Supreme Court in 2013 as arguments were heard over patenting genes.Credit: Tom Williams / CQ Roll Call Defense of the genome: in the epic legal battle to determine who owns your DNA Jorge L. Contreras Algonquin (2021) Not that long ago, if you were to ask someone about the practice […]]]>

Protesters outside the United States Supreme Court in 2013 as arguments were heard over patenting genes.Credit: Tom Williams / CQ Roll Call

Defense of the genome: in the epic legal battle to determine who owns your DNA Jorge L. Contreras Algonquin (2021)

Not that long ago, if you were to ask someone about the practice of the United States Patent and Trademark Office of granting patents on human genes, you would probably get one of two answers. . Biotech insiders would shrug their shoulders – such patents had been common practice for decades. They were considered a mainstay of the nascent genetic testing industry. Those who are less intimate with the inner workings of biotech often have a different reaction: “But that’s just… wrong,” lawyer Chris Hansen said. “Who can we sue?” “

In 2009, Hansen, a veteran of civil rights cases at the American Civil Liberties Union (ACLU) in New York City, engaged in a lawsuit that ended the patenting of genes in the United States. The effort seemed doomed to fail, but Hansen won in the United States Supreme Court, challenging the very idea of ​​what patents are and what they should do.

The unexpected twists and turns of this case – as well as its impact on medicine, and in particular on the lives of women affected by breast and ovarian cancer – are skillfully and lovingly detailed in Defense of the genome. Its author, patent scholar Jorge Contreras, has strongly criticized exaggerated patents and universities which grant exclusive licenses to their intellectual property, especially when they maintain monopolies and entrust the responsible management of their patents to the licensee. (JL Contreras and JS Sherkow Science 355, 698-700; 2017).

This spirit is evident in the book. But readers should note that Contreras is now employed by the University of Utah at Salt Lake City, which historically generated some of the patents Hansen ultimately decided to challenge. (Contreras accepted the position in Utah after starting the book; he argues that its themes go beyond a set of patents to describe the tensions between the law and the pace of technology.)

These patents claimed rights to the sequencing of two genes, BRCA1 and BRCA2. Some variations of these are associated with breast and ovarian cancer. The University of Utah licensed some of the relevant patents exclusively to Myriad Genetics in the 1990s. The Salt Lake City company used its intellectual property to create a monopoly on certain cancer risk tests and threatened its potential competitors of legal action. Back then, tests cost thousands of dollars and, in large part thanks to the vagaries of the U.S. health care system, were not always available to the people who needed them.

Personal stories

The consequences of this lack of access could be devastating. Contreras makes no effort to detail the stories of women who failed to get tested, only to find out later that they had life-threatening cancer that could have been prevented.

But in the 2000s, gene patents were common. In 2005, a team estimated that 20% of the human genome had been patented (K. Jensen and F. Murray Science 310, 239-240; 2005). Although nature’s products are not patentable under US law, some lawyers have argued that the isolation of a gene from its surrounding chromosome fundamentally alters DNA and therefore is an invention. Another, more utilitarian defense argued that genetic patents were necessary to foster innovation in health care.

There’s a reason few thrillers have been based on patent law. Patents are hard to digest, sometimes by design. The more ambiguous they are, the more opportunity a patent holder may have to claim that his intellectual property encompasses someone else’s invention. “The first part of a patent reads like a scientific article written by a lawyer, and the last part reads like a legal document written by a scientist,” Contreras writes. “Either way, you get the worst of both worlds.”

Fortunately, Contreras spares us the details, removing only the nuggets necessary to understand the case. It explains the scientific and legal arguments clearly and succinctly. (He does a better job than some of the lawyers and judges involved, who traded painful analogies throughout the four-year process: Genes have been likened in various ways to chocolate chip cookies, baseball bats. and kidneys.)

For me, the most interesting parts of the book were its tangents. Myriad’s story highlights the convoluted incentives in the genetic testing industry that sometimes work against the best interests of patients. I was keen to learn more about how the Supreme Court ruling – as well as other recent court decisions on what can and cannot be patented – affected the industry. The book also lacks any international context for gene patents, which are alive and well in Europe. A 2017 survey of European genetic testing laboratories revealed that 14% of nonprofit respondents had refrained from offering genetic testing due to patent issues (J. Liddicoat et al. EUR. J. Hum. Broom. 27, 997–1007; 2019).

But Contreras succeeds in his main mission: to detail the narrative story of a historic patent case. The personal stories of the key players are rich in detail. We meet Tania Simoncelli, who, as an ACLU intern with a passion for science and social justice issues, first brought gene patents to Hansen’s attention. And we meet Herman Yue, who at the time the case was brought was an intern for a federal district judge, and who had just completed a doctorate in molecular biology. Yue played a central role in crafting a surprise court ruling in favor of the ACLU.

Readers are also treated within the history of the schism in the US government, with some agencies, notably the Patent Office, in favor of patents on genes, and the National Institutes of Health, among others, against them. It was up to Acting Solicitor General Neal Katyal to walk a tightrope between the arguing parties, ultimately developing a federal government position: namely, entire gene sequences as they are found in genomes should not be patentable, but the assembled regions encoding the proteins of a gene – minus the intermediate pieces of non-coding DNA often scattered throughout – should. Compromise does not completely satisfy anyone.

By 2013, when the Supreme Court rendered its unanimous decision in favor of the ACLU, gene patents and Myriad-like tests on single genes were already out of fashion. Medical diagnostics have shifted to multigene testing, and now, more and more, the focus is on whole genome sequencing. But this story is a guide to the forces shaping a growing industry – and the thwarted influence of patents.

Competing interests

The author declares no competing interests.


Source link

]]>
http://lorodinapoli.org/inside-the-lawsuit-that-ended-the-patenting-of-genes-in-the-united-states/feed/ 0
UK says time is running out to find solution in Brexit trade talks | Economic news http://lorodinapoli.org/uk-says-time-is-running-out-to-find-solution-in-brexit-trade-talks-economic-news/ http://lorodinapoli.org/uk-says-time-is-running-out-to-find-solution-in-brexit-trade-talks-economic-news/#respond Sat, 23 Oct 2021 21:32:00 +0000 http://lorodinapoli.org/uk-says-time-is-running-out-to-find-solution-in-brexit-trade-talks-economic-news/ By JILL LAWLESS, Associated Press LONDON (AP) – The UK government on Saturday tried to step up the pace of talks to resolve post-Brexit trade issues with the European Union, saying the two sides remain distant and time is running out to bridge the gap. Negotiators from the UK and the EU met in Brussels […]]]>

By JILL LAWLESS, Associated Press

LONDON (AP) – The UK government on Saturday tried to step up the pace of talks to resolve post-Brexit trade issues with the European Union, saying the two sides remain distant and time is running out to bridge the gap.

Negotiators from the UK and the EU met in Brussels last week to try to resolve the main disputes that have arisen over trade rules for Northern Ireland. The talks take place in London on Tuesday, and Britain said “substantial gaps on fundamental issues remain.”

The UK government said the talks so far had been “constructive” but added that “we need to see real progress quickly rather than getting stuck in a never-ending negotiating process because the problems on the ground in Ireland of the North have not disappeared “.

Northern Ireland, which is part of the UK and shares a border with EU member Ireland, remains within the EU’s single duty-free market for goods, although the United Kingdom left the bloc of 27 countries at the end of 2020.

Political cartoons about world leaders

Political cartoons

This special status ensures that there is an open border on the island of Ireland – a key pillar of the Northern Ireland peace process since the 1998 Good Friday Agreement. But it means a new customs border at sea Ireland for goods entering Northern Ireland from the rest of the UK, even if they are part of the same country.

This has created red tape for businesses and caused problems with some goods reaching Northern Ireland. EU rules on chilled meats have resulted in a brief shortage of sausages, and now Britain says Christmas cookies – festive noisemakers who are a staple for the holiday season – are prevented from reaching Northern Ireland.

The new deals have also angered British Unionists in Northern Ireland, who say the controls are undermining Northern Ireland’s place in the UK and destabilizing the delicate political balance on which peace rests.

The EU accuses Britain of trying to renegotiate a legally binding agreement it signed less than a year ago; some officials say this shows the UK government cannot be trusted. The bloc, however, agreed to make changes to the deal, proposing to cut controls on food, plants and animals entering Northern Ireland by up to 80% and cut red tape for businesses in half. transport.

Britain has welcomed the proposals, but also demands that the EU’s highest court be stripped of its role in resolving any disputes over the deal and replaced with independent arbitration – an idea the bloc categorically rejects.

EU chief negotiators Maros Sefcovic and Britain’s David Frost are due to meet in London at the end of next week to assess the progress of the talks. Britain on Saturday reiterated its threat to trigger an emergency break clause that allows either side to suspend the deal in dire circumstances if there is no upcoming breakthrough.

This would lead to legal action from the EU and potentially economic sanctions that could escalate into a trade war. Such a battle is likely to hurt the UK economy more than that of the much larger EU.

Irish Foreign Minister Simon Coveney also warned the talks could not go on forever and on Friday urged Britain to respond to the EU’s willingness to compromise.

“I think the EU has shown a real appetite for compromise, and they have consciously avoided creating tensions,” he said. “I cannot say the same for the UK government’s approach.

“I don’t think that will be the case forever, that the EU will be in compromise and solutions mode.”

Follow AP’s coverage of post-Brexit developments at https://apnews.com/hub/Brexit

Copyright 2021 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


Source link

]]>
http://lorodinapoli.org/uk-says-time-is-running-out-to-find-solution-in-brexit-trade-talks-economic-news/feed/ 0
In times of labor crisis, companies support efforts to clear workers’ criminal records http://lorodinapoli.org/in-times-of-labor-crisis-companies-support-efforts-to-clear-workers-criminal-records/ http://lorodinapoli.org/in-times-of-labor-crisis-companies-support-efforts-to-clear-workers-criminal-records/#respond Fri, 22 Oct 2021 20:03:45 +0000 http://lorodinapoli.org/in-times-of-labor-crisis-companies-support-efforts-to-clear-workers-criminal-records/ Joshua York, 29, got into trouble with the law when he became homeless as a teenager in Utah. He racked up several minor charges, such as drug possession and retail theft. But even after York got his life back on track, these accusations followed him with every job application. “Every job has reviewed my file […]]]>

Joshua York, 29, got into trouble with the law when he became homeless as a teenager in Utah.

He racked up several minor charges, such as drug possession and retail theft. But even after York got his life back on track, these accusations followed him with every job application.

“Every job has reviewed my file once they’ve done a background check. And they’d see a robbery, and they’d say, ‘I’m sorry, there’s just no way.’ It would literally take me out of the race immediately, ”York said.

So he was content with poorly paid manual labor.

About two years ago, he found out that Utah allowed ex-offenders to request the erasure of their records. He requested and received stacks of documents for each charge. With the help of a legal aid lawyer, he filled them out and three months ago the charges were dropped.

York recently completed a background check for a job with American Airlines and has a date to begin training next month.

“I’m in the best place I’ve ever been in my entire adult life,” York said.

One in 3 American adults has a criminal record, whether it is a minor misdemeanor, an arrest without charge or a more serious felony.

And in the midst of a labor shortage, with an historic resignation rate among the U.S. workforce, there is a growing effort to modernize and speed up the cumbersome record erasure process. Lawyers say few eligible people take advantage of the opportunity because, in many cases, they may not know or be unable to afford costs, such as hiring a lawyer to help them.

Over the past two years, there has been a growing nationwide effort to pass ‘clean slate’ laws, which call for updating court databases and creating algorithms to automatically erase records of minor criminal offenses. The legislatures of five states, including Utah and Pennsylvania, have passed such measures with bipartisan support.

Business groups also support the legislation. The United States Chamber of Commerce has supported a similar idea at the federal level, defining the issue as a question of “race and desirability”.

“Blacks and brunettes in particular … are the ones who have paid for decades of overcriminalization … incarcerating people for failed initiatives, like the war on drugs,” said Sheena meade, who heads the Clean Slate Initiative.

While companies are keen on having a larger talent pool, they are often reluctant to simply ignore a criminal record when performing a background check, said Jeffrey Korzenik, Chief Investment Strategist at Fifth Third Bank and author of the recently published book “Untapped Talent,” which advocates for hiring people with criminal records.

“The question for the business world becomes: what kinds of risks do they take from a legal point of view? What kinds of reputational risks do they take? And that’s where you have a huge social stigma to overcome, ”Korzenik said.

Liability risks, even minor ones, are also a concern, he said.

Wiping out people’s records through clean slate laws is something businesses can achieve because it relieves them of having to deal with these issues.

But implementation takes time – court databases need to be updated and computer code needs to be written.

Pennsylvania, which became the first state to pass a clean slate law in 2018, is the only one to date that automatically erases the records, the official count totaling over 36 million cases.

“What the Pennsylvania Clean Slate Act has done, by starting a national trend, is to reverse the burden,” said Rebecca Vallas, a senior researcher at the Century Foundation who helped create the clean slate model. “If you are eligible for erasure of your record, you shouldn’t need to have a law degree or be able to hire someone who has it to be able to erase your record and have a fair chance to get on with your life. “

Utah is expected to begin automatic record clearing by the end of the year.

Noëlla Sudbury, who helped pass Utah’s 2019 clean slate law, helped implement it.

“Right now we have done the work to identify all eligible people going all the way back to forensic data,” Sudbury said, adding that preliminary estimates indicate that 200,000 people will initially have at least some of their cases closed. .


Source link

]]>
http://lorodinapoli.org/in-times-of-labor-crisis-companies-support-efforts-to-clear-workers-criminal-records/feed/ 0
Blank Check Boom: D&O Insurance Strategies for PSPC Management http://lorodinapoli.org/blank-check-boom-do-insurance-strategies-for-pspc-management/ http://lorodinapoli.org/blank-check-boom-do-insurance-strategies-for-pspc-management/#respond Thu, 21 Oct 2021 15:06:00 +0000 http://lorodinapoli.org/blank-check-boom-do-insurance-strategies-for-pspc-management/ A road sign is seen outside the New York Stock Exchange on Wall Street in New York on February 10, 2009. REUTERS / Eric Thayer / File Photo October 21, 2021 – The decline is 20/20, and directors and officers of publicly traded companies are starting to reflect on the approach of year-end reports. The […]]]>

A road sign is seen outside the New York Stock Exchange on Wall Street in New York on February 10, 2009. REUTERS / Eric Thayer / File Photo

October 21, 2021 – The decline is 20/20, and directors and officers of publicly traded companies are starting to reflect on the approach of year-end reports. The craze around Special Purpose Acquisition Companies, or SPACs, has peaked over the past year or so, but with such popularity there has been increased regulatory attention and greater consideration for the coverage of ‘directors and officers insurance (D&O).

The only operational objective of these “blank” fictitious companies is to acquire a private company with the money raised by the sponsors via an IPO, thus allowing the latter to go public quickly. According to the organizational documents of a PSPC, if PSPC is unable to complete a merger with a target company through the De-SPAC process, usually within 24 months of the closing of the IPO , it must return all the money from the trust account to the public shareholders PSPC. While many agreed-upon mergers are still in the works, around 445 SPACs are due to find merger partners soon or may be liquidated.

There are three separate D&O insurance programs involved in these PSPC and De-PSPC transactions. First, once formed, PSPC should obtain a two-year D&O policy, typically with a six-year run-off, or “tail,” policy after the De-SPAC transaction closes. Second, the private target company will likely already have its own D&O insurance, which should cover the private company and its directors and officers as part of the merger negotiations and the transaction. Finally, the future company will need a D&O insurance program put in place at the close of the De-SPAC transaction to mitigate the exposures of the newly formed public company.

Amid the volatility of global stock markets, PSPC’s 248 IPO prices raised $ 83.3 billion in 2020 and were quickly overtaken by PSPC’s 434 IPO prices which raised 235. $ 6 billion in 2021. While these numbers once reflected increases in stock prices and new entrants, increased regulatory and shareholder attention has diminished enthusiasm and increased the risk of litigation and litigation. investigation facing liability insurance. Shareholder advocates and legal and banking practitioners are calling the end of 2021 an inevitable return to earth for PSPCs.

However, given where PSPC stocks are currently trading, buying them in the current market might be considered a more prudent investment than in the past. Now more than ever, it’s critical for PSPC management to fully understand the nuances of D&O coverage, as it’s an almost risk-free bet that PSPC’s fervor will return.

The PSPC management team, or sponsors, typically own 20 percent of the outstanding common shares of PSPC at the end of the IPO, consisting of the founder’s shares they acquired for nominal consideration. when they formed PSPC. Despite these generous returns, SPAC promoters should be aware of the liability risk associated with their role so that they can assess whether their insurance adequately meets their needs.

Once a sponsor finds a target, PSPC typically prepares and distributes a proxy to its shareholders containing information regarding the transaction and the target company, including historical audited financial statements and pro forma financial information. This document is also filed with the United States Securities and Exchange Commission (SEC) and is subject to review by the SEC.

There is an increasing number of securities litigation between shareholders and SPAC sponsors for alleged material inaccuracies or omissions in De-SPAC documents regarding the level of diligence undertaken. Once the De-SPAC process is complete, directors and officers may be faced with allegations involving breaches of fiduciary duties and securities claims. While these types of claims are familiar to SOEs, for SPACs, complainants focus on a company going public through a privately negotiated SPAC to substantiate alleged conflict of interest claims. , misaligned incentives or ineffective due diligence.

The directors and officers of the SAVS must carefully examine the general conditions of the D&O policy of the target company. Careful consideration should be given to exclusions, including professional service exclusions, contractual exclusions, and bodily injury / property damage exclusions. When the exclusions are too broad, SPACs should try to limit them as much as possible, by reducing the wording of the preamble, the exclusions to save coverage of defense costs, unpaid claims (“side A”) or claims presented. by security holders.

When setting the terms of the policy for the future business, insurers may agree to provide full coverage of prior acts or to apply a strict exclusion of prior acts, which will in part dictate the options when structuring the policy. liquidation cover mentioned above. From a market and price point of view, this D&O policy placement is very similar to any other IPO. Best practices require that directors and officers begin this investment process well in advance.

SPACs can expect increased attention from regulatory and private advocates on the incentives and motives for managing SPAC. Since many of these litigation risks may not become evident until after the De-SPAC process, PSPC will need to coordinate liquidation coverage from both PSPC and the target company in order to provide coverage “at the future ”for any previous prejudice presumed act.

The unprecedented increase in the number of SPACs has been accompanied by unprecedented scrutiny. SEC staff and members of Congress carefully review filings and disclosures from SPACs and their private targets. An assessment of insurance coverage for potential regulatory risk is a growing consideration for investors.

The Investor Advisory Board seeks to address “[q]questions as to whether the targets are of sufficient size for the sponsor’s economy to be reasonable “and the”[p]Potential lack of sufficient PSPC targets, which may prompt sponsors to market substandard lenses that are generally unprepared to meet legal, regulatory and overall market expectations. “

With April 2022 as the target date for issuing a proposal, the SEC recommends stepping up its regulation of PSPCs through stricter enforcement of existing disclosure rules and the SEC’s stakeholder analysis of the various stages of PSPCs. The closer the SPAC bubble is to bursting, the closer SPACs can come to traditional IPO regulation.

Last month, several U.S. Democratic senators raised concerns about prompting PSPC sponsors to close merger deals quickly. In a letter sent to six serial creators of PSPC, senators requested information on the use of PSPC by October 8, 2021, “in order to understand what kind of congressional or regulatory action may be needed to better protect investors and market integrity “. Senators have not yet received a response.

The extent of regulatory coverage can vary considerably from one D&O policy form to another. Given the increased regulatory scrutiny and exposure to regulatory investigations and proceedings, SPACs should carefully assess the extent to which the A&D policy extends coverage, favor policy formulas that extend greater coverage, and attempt to negotiate wider coverage when warranted.

Potential policyholders need to understand how the D&O insurance market responds to PSPCs and fast SEC regulations every step of the way – during the initial formation, the De-PSPC process, and the post-PSPC period for the company. future.

Unique considerations for PSPC policyholders may include: determining whether claims against promoters are insured; when a runoff policy becomes involved; how to allocate between policies when D&O coverage is shared; whether an exclusion of prior acts applies to the misconduct of the directors and officers of the target company before the merger; and the interplay between private company tail policy and future public company coverage when a claim alleges acts before and after coverage.

SPAC D&O coverage is not universal. Hedging requires examining where liabilities flow, where indemnification is granted and the types of securities covered. PSPC management should work closely with insurance brokers and partners by reviewing bylaws and exculpatory clauses to ensure that terms and periods of coverage are coordinated to avoid gaps that may arise. threaten the stability of PSPC. As time-consuming as it may be, a case-by-case analysis of each PSPC is essential.

If trends in SAVS litigation persist, SAVS management should be prepared to invest in coverage. With a clearer perspective on the PSPC flood and the personal risks to sponsors and targets, PSPC management is better equipped to plan appropriate D&O insurance policies.

The opinions expressed are those of the author. They do not reflect the views of Reuters News, which, under the principles of trust, is committed to respecting integrity, independence and freedom from bias. Westlaw Today is owned by Thomson Reuters and operates independently of Reuters News.

Source link

]]>
http://lorodinapoli.org/blank-check-boom-do-insurance-strategies-for-pspc-management/feed/ 0
Ministry of Justice legal regulations discourage hiring of highly skilled immigrants http://lorodinapoli.org/ministry-of-justice-legal-regulations-discourage-hiring-of-highly-skilled-immigrants/ http://lorodinapoli.org/ministry-of-justice-legal-regulations-discourage-hiring-of-highly-skilled-immigrants/#respond Wed, 20 Oct 2021 04:15:52 +0000 http://lorodinapoli.org/ministry-of-justice-legal-regulations-discourage-hiring-of-highly-skilled-immigrants/ The Department of Justice building on December 9, 2019, in Washington, DC (Photo by Samuel … [+] Corum / Getty Images) Getty Images The US government can force a company to pay millions of dollars in fines even if the employer complies with Department of Labor (DOL) rules on sponsoring immigrants in employment. That’s the […]]]>

The US government can force a company to pay millions of dollars in fines even if the employer complies with Department of Labor (DOL) rules on sponsoring immigrants in employment. That’s the message businesses will get from a legal settlement between Facebook and the Justice and Labor Departments (DOJs). Critics of the government lawsuit, originally filed under the Trump administration, note that the U.S. government is discouraging employers from sponsoring highly qualified foreign nationals for permanent residence at a time when less than 30% of university students graduate Americans in key technical areas are American. students, and there are over 1.2 million jobs in computer professions in America.

Background: U.S. immigration law does not not forcing employers to test the job market by placing ads and showing that no eligible U.S. worker could fill the job. The Ministry of Labor invented this regulatory requirement.

“Although immigration law requires ‘labor certification’ for most employer-sponsored immigrants, the Department of Labor created the current system from scratch,” according to a National Foundation for U.S. Policy ( NFAP) report. “As lawyer Gary Endelman writes, ‘There was no mention of individualized recruitment in the proposed labor certification regulation of November 19, 1965, or the final version of those same application rules that came out. December 3, 1965. It made no sense that employers had to advertise.

When the 1965 Immigration Act became law, Senator Edward Kennedy (D-MA) said, “It was not our intention, nor that of the AFL-CIO, that all candidates for the immigration have to undergo a very detailed job analysis which could take a long time. and disrupts the normal flow of immigration. DOL could use the available statistical data on employment, according to Kennedy.

However, today a book published that explains how companies must comply with DOL’s labor certification requirements is almost 900 pages long and weighs almost 7 pounds. According to lawyers, sponsoring an employee from an initial H-1B petition through to permanent residence can cost $ 20,000 or more.

The accusation against Facebook: In December 2020, the Ministry of Justice lodged a complaint which alleged that Facebook failed to hire American workers when it sponsored immigrants for employment and posted advertisements to comply with Department of Labor regulations for the PERM (Permanent Labor Certification Program). The Justice Department claimed that Facebook had dissuaded American workers by requiring that applications be submitted by mail, and no American workers were hired in the process.

Among the problems with the DOJ accusation: The DOJ accused Facebook of not hiring American workers even though that is not the purpose of the test required by the government under PERM. The goal, under DOL regulations, is to use American workers to respond to advertisements so that employers can “test” the job market, not as a vehicle to recruit American workers. In addition, the Ministry of Labor has established the PERM process with no obligation to provide an e-CV response option to apply to advertisements mandated by the DOL.

“A US employer is not required to hire the US worker when recruiting in conjunction with labor certification, and is required to recruit in good faith in accordance with the recruiting rules, which DOL has recognized deviating from an employer’s normal recruiting practices, ”Immigration said. lawyer Cyrus Mehta in an interview as the DOJ filed the case.

The rule: On October 19, 2021, the DOJ and DOL announced settlement agreements with Facebook. “Under the DOJ settlement, Facebook will pay a civil fine of $ 4.75 million to the United States, pay up to $ 9.5 million to eligible victims of Facebook’s alleged discrimination, and train its employees on the demands. anti-discrimination of the INA “, according to a DOJ-DOL joint press release. In addition, Facebook will be required to conduct more extensive publicity and recruitment for its employment opportunities for all PERM positions, accept electronic resumes or applications from all U.S. workers who apply, and take other steps to ensure that its recruitment for PERM positions closely matches its usual recruitment practices…. Under the DOL OFLC [Office of Foreign Labor Certification] regulation, Facebook will conduct additional notice and recruiting for U.S. workers and be subject to ongoing audits to ensure compliance with applicable regulations.

What businesses need to know: “Like the press release for the settlement notes, this is a significant financial penalty, employers will certainly take notice, and I would expect many companies to at least review their PERM program to see if changes need to be made. done, ”Kevin Miner, partner at the law firm Fragomen, said in an interview.

“The settlement agreement itself is quite informative in terms of what DOL looks for employers to do with their PERM recruiting practices,” Miner said. “As part of the regulation, Facebook has agreed to take certain approaches to its PERM labor market testing that are really not required by the plain language of the PERM regulation. This includes posting all PERM-related positions on its Careers website and ensuring that candidates can apply for positions electronically rather than by mail. Most companies are already doing these things as part of their labor market test, so for most companies this won’t make a difference in terms of day-to-day practice.

“However, the PERM regulations make it very clear that posting on the company’s career site is an optional form of recruitment rather than a mandatory one. The regulation makes it mandatory for Facebook, and I think businesses will need to consider whether or not to prioritize posting to a careers website over some of the other recruiting options that the PERM regulation clearly provides. The regulations also make it clear that requiring applicants to apply by mail is, at best, not a mechanism the government wants employers to use. As employers do not currently accept applications electronically at this stage, continuing to require applications by post seems riskier in light of this regulation. “

What also seems risky, critics note, are government policies aligned against highly skilled immigration despite the need for foreign-born professionals and the desire to encourage a greater emphasis on green cards for foreign nationals. highly skilled.

“There are more than 1.2 million unique active job postings in IT occupations in the United States as of September 6, 2021, up 15% from 6 months earlier,” according to data from Emsi Job Posting Analytics, according to an NFAP analysis. “The data indicates a significant talent gap in the United States between the demand for highly skilled technical labor and the ability of the US labor force to meet that demand.”

There is no evidence that Facebook violated the Department of Labor’s PERM regulations for employment-based immigrant sponsorship, nor, ironically, the DOJ and DOL have claimed that Facebook committed such a violation. . “While we firmly believe that we have followed federal government standards in our Permanent Labor Certification (PERM) practices, we have reached agreements to end the ongoing litigation and move forward with our PERM program. , which is an important part of our overall immigration program, ”a Facebook spokesperson said in a report. “These resolutions will allow us to continue to focus on hiring the best builders in the United States and around the world, and support our internal community of highly qualified visa holders seeking permanent residence.”

The Justice Department has shown little concern that Facebook is adhering to Department of Labor regulations or that its actions may discourage companies from sponsoring highly skilled foreign nationals during a time when businesses and the U.S. economy have been struggling. need for more qualified scientists and engineers to develop. For the Department of Justice, the price was clear: “Today’s Civil Penalties and Arrears Fund represents the biggest fine and the biggest sum of money the Division has ever collected in the course of the year. of the 35 years of INA history. [Immigration and Nationality Act’s] anti-discrimination provision.


Source link

]]>
http://lorodinapoli.org/ministry-of-justice-legal-regulations-discourage-hiring-of-highly-skilled-immigrants/feed/ 0
Civil court cases advance in Lake Country woman’s death http://lorodinapoli.org/civil-court-cases-advance-in-lake-country-womans-death/ http://lorodinapoli.org/civil-court-cases-advance-in-lake-country-womans-death/#respond Tue, 19 Oct 2021 01:41:57 +0000 http://lorodinapoli.org/civil-court-cases-advance-in-lake-country-womans-death/ Recently filed court documents shed new light on the events surrounding the death of a Lake Country woman whose husband was later charged with her second degree murder. When Arlene Westervelt’s body was removed from Lake Okanagan after a day of canoeing with her husband Bert Westervelt, authorities treated her death as an accident. While […]]]>

Recently filed court documents shed new light on the events surrounding the death of a Lake Country woman whose husband was later charged with her second degree murder.

When Arlene Westervelt’s body was removed from Lake Okanagan after a day of canoeing with her husband Bert Westervelt, authorities treated her death as an accident.

While Arlene’s family suspects Bert of killing his wife, he has always maintained his innocence.

Read more:

What happened to Arlene Westervelt?

Despite her family’s criminal appeals, it wasn’t until Arlene’s divorce lawyer came forward that the mounted police took a closer look at the case.

The identity of the divorce lawyer has always been a mystery to Arlene’s family until now.

The story continues under the ad

A judge ordered the RCMP to release the name of Arlene’s divorce lawyer after her family’s lawyer argued their evidence was crucial to a lawsuit against Bert.

Read more:

Okanagan man released from murder charge in wife’s death

However, as the attorney-client privilege continues even after death, Arlene’s family will still have to file another claim asking that the divorce attorney’s evidence be heard in court.

The lawsuit alleges that Bert killed his wife and argues that he should not have inherited Arlene’s property.

Bert denies killing Arlene and maintains that her mother, who initiated the lawsuit, was not even another beneficiary of the will.

His lawyer also argues that the court has a duty to protect solicitor-client privilege unless the client waives it.

Cory Armor, Bert’s lawyer, declined an interview. However, he said the gendarmes weren’t against the publication of Arlene’s divorce lawyer name – they just wanted a judge to approve it.

Read more:

Family and friends of Arlene Westervelt organize rally in Kelowna, BC, calling for coroner’s inquest

Although Bert Westervelt was charged with second degree murder almost three years after Arlene’s death, the Crown suddenly stayed the charge and the case never went to trial.

The story continues under the ad

The family believe the reason for the move may be in part because some officials were hoping to cover up the actions of a member of the mounted police linked to the case.

Read more:

Who controls the police?

Detective at the time, Brian Gateley, was an acquaintance of Bert accused of interfering in the investigation into Arlene’s death and hacking his cell phone using RCMP resources.

Civilian documents filed by the government claim Gateley told Sgt. Craig Andrichuk, who is also named in the civil suit, that he had been friends with the couple for years but had never seen evidence of violence or abuse.

According to court documents, before Gateley helped Bert unlock the phone, he called Andrichuk to confirm whether or not the RCMP were interested in the data on Arlene’s cell phone.

“Sergeant. Andrichuk replied that the RCMP had no reason to seize Arlene’s cell phone, examine it or deny access, because at this point the RCMP was assisting the coroner in a non-criminal investigation, ” according to the civilian response.

Gateley had one of his subordinates unlock Arlene’s cell phone using a program called Cellebrite, according to the government’s claim.

“To the superintendent. Under Gateley’s instructions, the subordinate then returned the cell phone to Bert with his access code, ”according to court documents.

The story continues under the ad

Read more:

‘Her story matters’: Family of Lake Country woman shares new details, renews calls for justice

The RCMP subsequently launched an internal code of conduct investigation against Gateley.

According to the government’s civilian response, in February 2019, the RCMP discovered that Gateley had engaged in a potential conflict of interest between his professional responsibilities and his private interests and that he had abused RCMP computer equipment.

The civil response claims that no action should be brought against Andrichuk.

Gateley is not named as one of the people who filed a response to the lawsuit, and his attorney did not respond to a request for comment.

The former constable now has a new job at the provincial organized crime agency.

Read more:

“They stay in the dark”: the family of a woman who died on Lake Okanagan requests a coroner’s inquest

The office of the Police Complaints Commissioner of British Columbia confirms that it is currently investigating Gateley’s conduct related to his current employment with that agency, although it does not say why.

Gateley’s lawyer has previously said his client unequivocally denies any wrongdoing and believes court proceedings will justify his actions.

© 2021 Global News, a division of Corus Entertainment Inc.


Source link

]]>
http://lorodinapoli.org/civil-court-cases-advance-in-lake-country-womans-death/feed/ 0
Biden’s power over energy – WSJ http://lorodinapoli.org/bidens-power-over-energy-wsj/ http://lorodinapoli.org/bidens-power-over-energy-wsj/#respond Sun, 17 Oct 2021 20:35:00 +0000 http://lorodinapoli.org/bidens-power-over-energy-wsj/ The White House’s developing response to a global energy crisis raises a troubling question: If the Biden administration openly discusses restricting energy exports to combat rising consumer fuel prices, what power might it be? she argued to save a planet that she thinks is in crisis? Because Congress and the courts have ceded power to […]]]>

The White House’s developing response to a global energy crisis raises a troubling question: If the Biden administration openly discusses restricting energy exports to combat rising consumer fuel prices, what power might it be? she argued to save a planet that she thinks is in crisis?

Because Congress and the courts have ceded power to the executive over the past several decades, the president, if he so chose, could co-opt powerful national security tools to reduce U.S. carbon emissions. As the midterm elections approach, progressives will pressure President Biden to do just that.

Remember that one of Mr. Biden’s earliest decrees declared that climate change is “central” to national security. He promised to “fight the climate crisis with bold and progressive action” which could mean almost anything. The administration began to act on this rhetoric. In September he announcement the creation of a working group “to detect, deter and disrupt” hydrofluorocarbons, a category of powerful greenhouse gases. This alliterative expression is generally reserved for the fight against weapons of mass destruction, rogue states and terrorists.

If climate change is “an existential threat to our lives,” as Mr Biden said in the aftermath of Hurricane Ida, then what would the administration not be prepared to do about it? ? Take natural gas. Climate activists used to call it “bridge fuel,” but now describe it as a dangerous pollutant. The Department of Energy can revoke applicable export authorizations under the Natural Gas Act, although it has never done so. The Obama and Trump administrations assured their nervous allies that they could not imagine a scenario where dismissals would ever be necessary. Climate warriors believe that global warming is such a scenario.

The same law allows the ministry to attach “terms and conditions” to its export approvals. A future in which every natural gas liquefaction terminal will have to build facilities to capture, store and use carbon dioxide or install large amounts of renewable energy for local use is quite plausible.

Strangling crude oil exports would only require a few red tape from the Biden administration. An obscure “safety valve” clause allows the president to declare a national emergency and impose licensing requirements on shipments. For Mr Biden, declaring a national emergency would not be too much of a task. Annual declarations of emergency and their routine extension in general have become trivial events.

Refined products such as gasoline and natural gas liquids such as propane are the most released hydrocarbon molecules in the United States. No export authorization is required. This ostensibly privileged position is already under the militant microscope. Alleged collusion on the price at the pump by US gasoline retailers, already under investigation by the Federal Trade Commission, provides an easy rationale for restricting consumer fuel exports.

An adventurous White House could go even further to restrict the use of fossil fuels. The Committee on Foreign Investments in the United States is a federal agency authorized to intervene in national security-related transactions involving foreign investors. Its power allows it to “negotiate, enter into or impose and apply any agreement or condition with any party” to these transactions. If climate change is national security, where is the limit on the power of the committee? Foreign investments in domestic energy projects might be subject to scrutiny depending on the technology or infrastructure involved, and “any deal or condition” is as broad as it gets. An investing nation could be forced to take climate action within its own borders – move away from coal, tighten Paris bonds, and literally anything else – lest the deal fail. is blocked.

More troubling, American companies could be required to mitigate their climate risk in an incalculable way. Prepare for a world in which cloud computing and blockchain companies are required to install wind turbines and solar panels, and in which their overseas partners are required to divest from African coal plants and Australian coal mines. .

There is a final rung on this political scale. The International Emergency Economic Powers Act authorizes the president to “investigate, regulate or prohibit” virtually any jurisdictional transaction for national security purposes after declaring a national emergency. In practice, this law covers all transactions with the American financial system. These powers have been put to good use against rogue states and terrorists. If climate change is truly an existential threat to humanity, what could be more threatening than a country that refuses to reduce its emissions? Make way for climate sanctions.

Intense litigation would ensue over these “new uses” of existing authority. Court-imposed restrictions on executive power may result, but this will take years. The US government has the power to destroy the financial viability of politically incorrect forms of energy by increasing costs, increasing uncertainty, and discouraging investment, regardless of court results.

Congress should tame the White House and regulatory agencies by legislating specific restrictions on these emergency powers. What the legislature gives the legislature can take away by making a restricted view of regulatory authority a condition of Senate confirmation. Lawmakers should also use budget hearings and the appropriation process to warn ministries and agencies not to exceed their remits, and sign preventative joint letters signaling Congress’ intention to punish regulatory excesses in the sector. Energy. Governors must be prepared for federal officials to jeopardize energy projects vital to their state economies, which could provide opportunities to engage voters, collaborate with their states’ congressional delegations, and pursue legal actions to protect the livelihoods of their citizens.

Mr. Abbey was the Republican Chief Economist on the US Senate Committee on Energy and Natural Resources (2019-2020) and Director of Strategic Planning at the National Security Council (2017-19).

Bad policy choices are contributing to the energy supply crisis. Photo: Associated press

Copyright © 2021 Dow Jones & Company, Inc. All rights reserved. 87990cbe856818d5eddac44c7b1cdeb8


Source link

]]>
http://lorodinapoli.org/bidens-power-over-energy-wsj/feed/ 0