Author Archives: jberman1

Social Media and a Right to Privacy

Tiffany Hendricks – The Florida Fourth District Court of Appeal released a groundbreaking opinion in Nucci v. Target Corp., et al., denying plaintiffs’ right to privacy argument in response to a motion to compel discovery of their Facebook information. The court reasoned: “[T]he photographs posted on a social networking site are neither privileged nor protected by […]

The FCC’s Rulemaking Power

Joseph Feldman – On February 26, 2015, the Federal Communications Commission (“FCC”) decided to reclassify broadband under Title II of the Communications Act of 1934 with a 3-2 vote. This decision allows the FCC to regulate broadband services using rules originally created for telephone lines, where Internet Service Providers (“ISPs”) had otherwise been self-regulating. Before […]

From the New Deal to the New Healthcare: A New Deal Perspective on King v. Burwell and the Crusade Against the Affordable Care Act

Sarah Helene Duggin – Americans describe the new healthcare system established by the Patient Protection and Affordable Care Act (“ACA”) as both a blessing and a nightmare. For millions of low and middle income Americans, the ACA offers access to health insurance they could not otherwise afford. The ACA’s opponents, however, view the new healthcare system […]

Unfair Coercion, or Greater Deference? Two New Sides of King v. Burwell

Tom Miller – Litigation challenging the legality of an Internal Revenue Service rule that became final on May 2012 has traveled a long, winding, and contentious path. The IRS rule authorized the distribution of federal premium assistance tax credits in all health benefits exchanges under the Patient Protection and Affordable Care Act of 2010 (the “ACA”). […]