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administrative law

FTC's Power to Sue Over Data Security Upheld

The Federal Trade Commission has the authority to sue companies that neglect to secure their customers' data, U.S. District Judge Esther Sales of New Jersey ruled this week, according to a report in the National Journal. " If the court had sided with Wyndham [Hotels], it would have stripped the federal government of oversight of data security practices just as hackers begin to pull off more and more high-profile attacks," the Journal further reports. Wyndham argued that weak data security practices aren't an unfair business practice, which the FTC is authorized to regulate.

Administrative Judge Rules FAA Lacks Authority to Ban Commercial Use of Drones

An administrative judge has ruled that the Federal Aviation Administration "lacks clear-cut authority to ban the commercial use of drones in the continental U.S.," MarketWatch reports. "Some lawyers and drone users have argued for months that the FAA has no statutory power to enforce its prohibition of commercial-drone use," MarketWatch further reports. The decison can be appealed to the National Transportation Safety Board and then to federal court.

Administrative Law Systems for Medicare, Disability Claims Failing

Two separate pieces caught my eye today: the adminstrative-law systems for disability claims and Medicare are failing. The Medicare adminstrative-law system is facing a tremendous backlog, while the disablity-claims system could be facing many fake claims.

The Office of Medicare Hearings and Appeals has a backlog of 357,000 claims, which developed because the number of cases grew by 184 percent while the system's resources remained constant, The Washington Post reports. The chief judge has suspended "new requests for hearings filed by hospitals, doctors, nursing homes and other health-care providers," The Post reports.

Meanwhile, D. Randall Frye, administrative law judge for the United States Social Security Administration, wrote in the New York Times today that there are no checks and balances in the system against claimants who might be fraudsters. Frye says other administrative law judges and he want an adversarial system in which there would be an advocate for taxpayers to challenge medical evidence and to review case files and in which social-media evidence could be used to check the credibility of claimants. "Social Security disability courts have millions of claimants and constitute one of the world’s largest judicial systems. But the system is not run by anyone with real judicial experience. Instead, we are at the mercy of unelected bureaucrats whose only concern is how many cases each judge can churn out and how fast we can do it," Frye opined.

Same-Sex Marriage Litigation Developments in PA, Ohio

The Associated Press reports two developments regarding same-sex marriage litigation in Pennsylvania and Ohio.

One, a lawsuit was filed in Pennsylvania state court to challenge the constitutionality of the ban on same-sex marriage under the state constitution. A federal lawsuit has already been filed. The litigants were issued marriage licenses in Montgomery County, Pa., after PA Attorney General Kathleen Kane rejected the legality of the ban and said her office would not defend it.

Two, a lawsuit in Ohio seeking for out-of-state marriages to be recognized on death certificates has been expanded to all similary situated couples. Despite a ban on same-sex marriages in Ohio, a judge has ruled in favor of two couples on the principle that Ohio recognizes all valid marriages from other states for ministerial acts like the issuance of death certificates. Read more: http://www.charlotteobserver.com/2013/09/25/4341472/apnewsbreak-gay-marr...

Ohio Judge Orders Recognition of Out-of-State Same-Sex Marriage On Death Certificate

While Ohio bans same-sex marriages, a judge has ruled that a valid same-sex marriage entered into in another state must be recognized on a death certificate. Ohio recognizes marriages from other states that it would not allow under its own law, the judge said, so same-sex marriages must be given the same comity and full-faith credit. “This is not a complicated case,” the judge wrote, according to the Gay People's Chronicle. “The issue is whether the state of Ohio can discriminate against same sex marriages lawfully solemnized out of state, when Ohio law has historically and unambiguously provided that the validity of a marriage is determined by whether it complies with the law of the jurisdiction where it was celebrated.”

 

SEC Passes Rule Requiring Disclosure of CEO Pay in Ratio to Workforce

The Washington Post reports the Securities and Exchange Commission split 3-2 along party lines to require publicly traded corporations with more than $1 billion in revenues or $75 million in publicly traded securities to disclose the rate of their chief executives' pay in relation to the pay of a valid statistical sample of their workforce around the globe. Proponents say the measure will give stockholders and investors more information to make informed decisions, while opponents said the measure will have too much regulatory costs for American businesses. The regulation fulfills a measure of the Dodd-Frank bill enacted over outrage over high executive pay.

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