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Regulation of Business

Business and the Roberts Court - Podcast

Litigation Practice Group Teleforum
Jonathan H. Adler, Brian T. Fitzpatrick, Richard J. Lazarus January 12, 2017

In recent years, the Supreme Court appears to have taken a greater interest in "business" issues. Does this reflect a change in the Court's orientation, or is it the natural outcome of the appellate process? Is the Court "pro-business"? If so, in what ways do the Court's decisions support business interests and what does that mean for the law and the American public? Business and the Roberts Court provides the first critical analysis of the Court's business-related jurisprudence. Author and Editor Jonathan Adler joined us along with two chapter authors, Brian Fitzpatrick and Richard Lazarus, to discuss their contributions to this important volume.

Featuring:

  • Prof. Jonathan H. Adler, Johan Verheij Memorial Professor of Law; Director, Center for Business Law and Regulation, Case Western Reserve University School of Law
  • Prof. Brian T. Fitzpatrick , Professor of Law, Vanderbilt University Law School
  • Prof. Richard J. Lazarus, Howard and Katherine Aibel Professor of Law, Harvard Law School

 

Expressions Hair Design v. Schneiderman: Credit Card Surcharge Case

Short video featuring Jeffrey Harris
Jeffrey M. Harris January 08, 2017

Do state laws banning surcharging credit card transactions violate the First Amendment?  A case before the Supreme Court, Expressions Hair Design v. Schneiderman, will consider whether these laws unconstitutionally restrict speech communicating price information or whether they simply regulate economic activity.  Jeffrey Harris, Partner at Kirkland & Ellis LLP, discusses the case. The Supreme Court will hear oral argument on January 10, 2017.

Regulating Rideshare: The Rise of the Sharing Economy

Short video
January 05, 2017

The “Sharing Economy” is a complex phenomenon that has disrupted industries and transformed how we live and work, but experts can’t even agree on what to call it. Lawyers, public policy experts, academics and workers weigh in to define this dynamic phenomenon and to discuss legal and regulatory issues that emerge as these platforms play an increasingly role in our society. 

The Battle for the Gig Economy - Audio/Video

2016 National Lawyers Convention
Mark Brnovich, Mark Floyd, Randel K. Johnson, Bill Samuel, Thomas M. Hardiman November 23, 2016

The “gig" or “on demand" economy may be the fastest growing segment of our economy, with 22.4 million consumers spending $56.6 billion annually. By 2020, according to some studies, 7.6 million Americans will be working as independent contractors in the gig economy. At the same time, however, the U.S. Department of Labor has narrowed standards for classifying workers as independent contractors, and entered enforcement partnerships with 30 States looking to find misclassified independent contractors in order to increase workers' compensation, unemployment and employment tax revenue. A battle has begun between regulators and entrepreneurs, between independent contractor and employee status. This panel will explore who should win, who will win, and whether there is a third way – creating a new legal category, the “independent worker," for those who occupy the grey area between employee and independent contractor. 

This panel was held on November 17, 2016, during the 2016 National Lawyers Convention in Washington, DC.

Labor & Employment Law: The Battle for the Gig Economy
1:45 p.m. – 3:15 p.m.
Grand Ballroom 

  • Hon. Mark Brnovich, Attorney General, Arizona
  • Mr. Mark Floyd, Senior Director and Global Relations Lead, Uber Technologies Inc.
  • Mr. Randel K. Johnson, Senior Vice President, Labor, Immigration and Employee Benefits, U.S. Chamber of Commerce
  • Mr. Bill Samuel, Director of Government Affairs, AFL-CIO
  • Moderator: Hon. Thomas M. Hardiman, U.S. Court of Appeals, Third Circuit

The Mayflower Hotel
Washington, DC