Baucus Healthcare Bill Falls Short on Public Option, Employer Mandates, and the Effective Date for the Legislation

Capitoldome In what will certainly be the news of the day, the Senate Finance Committee Chairman, Max Baucus (D-MT), released his version of the national health care reform bill.

Although there are many interesting provisions in the Baucus Bill, including a requirement that individuals have health insurance coverage, the establishment of a health care exchange, proposed reforms for the private insurance system including not allowing exclusions for preexisting coverage, and expansion of the Medicaid program for the poor, I want to focus on three parts that trouble me that directly deal with current employee benefits law. 

Continue ReadingBaucus Healthcare Bill Falls Short on Public Option, Employer Mandates, and the Effective Date for the Legislation

Wisconsin Featured in NYT as Indicator of Economic Recovery

manufactureGraphicFrom Saturday’s New York Times, Peter Goodman’s “In Wisconsin, Hopeful Signs for Factories.”

A taste:

At the Rockwell Automation factory [in Mequon], something encouraging happened recently that might be a portent of national economic recovery: managers reinstated a shift, hiring a dozen workers.

After months of layoffs, diminished production and anxiety about the depths of the Great Recession, the company — a bellwether because most of its customers are manufacturers themselves — saw enough new orders to justify adding people.

Given the panicked retreat that has characterized life on the American factory floor for many months, any expansion registers as a hopeful sign for the economy. Last week, the Federal Reserve found signs of “modest improvement” in manufacturing. That reinforced the direction of a widely watched manufacturing index tracked by the Institute for Supply Management, which surged into positive territory last month for the first time in a year and a half.

But for sure: we aren’t quite there yet.  The article goes on to warn that, “these indications, while welcome, promise no vigorous expansion: For now, factory overseers remain uncertain that a lasting resurgence is at hand, making them reluctant to hire workers aggressively and invest in new equipment.”  That type of expansion might be some time off.

But here’s hoping that we are at least heading up from the bottom of the Great Recession.

PS

Continue ReadingWisconsin Featured in NYT as Indicator of Economic Recovery

Another Win for Veoh

Veoh logoOn Friday, the district court in UMG v. Veoh granted summary judgement in favor of Veoh. Decision here, courtesy of Copyrights & Campaigns. UMG, a record label, had sued Veoh, a site hosting user-posted videos, claiming infringement of its music videos. UMG is the second decision to come down on the issue of the responsibility of site owners to deal with continual user infringement under Section 512 of the Copyright Act, and like Io v. Veoh, it’s a big win for site owners. The big one remaining, of course, is Viacom v. YouTube, pending in the Southern District of New York.

There’s bound to be some comment on how this is helpful precedent for YouTube, but I think the cases are importantly different. I’ve noted repeatedly that I think Viacom’s best fact—indeed, possibly the decisive factor in bringing the suit—is that YouTube at one point seemed to be selectively offering to filter uploaded content. See my analysis of this issue from earlier this year.

It doesn’t appear that UMG had anything like this fact to hang its case on.

Continue ReadingAnother Win for Veoh