what’s next after nc dental board? wednesday, april 1, 2015 1:00 pm et/noon ct/ 11:00 am mt/10:00...
TRANSCRIPT
WHAT’S NEXT AFTER NC DENTAL BOARD?WEDNESDAY, APRIL 1, 20151:00 PM ET/NOON CT/11:00 AM MT/10:00 AM PT
What’s Next After NC Dental Board?Presented by the State and Local Legal
Center
Featuring Hashim Mooppan, Jones Day
About the Webinar
• Type your questions in anytime
• A recording of the webinar will be available on the SLLC’s website following the webinar
• The views expressed in this webinar do not necessarily reflect the views of the SLLC member groups
About the SLLC
• Members: • National Governors Association
• National Conference of State Legislatures
• Council for State Governments
• National Association of Counties
• National League of Cities
• U.S. Conference of Mayors
• International City/County Management Association
• Associate members: International Municipal Lawyers Association and Government Finance Officers Association
About the SLLC
• Since 1983 the SLLC has filed over 300 briefs
• The SLLC will file 12 briefs before the Supreme Court this term
• The SLLC is a resource for Big Seven members on the Supreme Court—this webinar is an example
About our Speaker
• Hashim Mooppan, is a partner with Jones Day in Washington DC
• He argued this case before the Supreme Court on behalf of the Dental Board
Overview of Case
• Background
• Legal issues
• Lower court rulings
Arguments
• The Dental Board’s arguments
• FTC’s arguments
Decision
• Majority view of the case
• Dissent view of the case
Unanswered Questions
• Controlling number of market participants
• Active market participants
• On and on…
Three Choices for Complying
• Don’t put a controlling number of market participants on a board
• Actively supervise the board
• Forgo state action immunity
Precedent in Trouble?
• Municipalities don’t have to be actively supervised (Hallie v. Eau Claire)
• Proper use of state regulatory authority doesn’t matter (Columbia v. Omni Outdoor Advertising)
State Action Doctrine in Trouble?
• FTC’s plan to weaken the state action doctrine
• FTC v. Phoebe Putney Health System
What’s Next for the State Action Doctrine?
April 1, 2015
Questions?Contact:
Hashim M. Mooppan PartnerJones Day (202) 879-3450 [email protected]
Lisa Soronen Executive DirectorState & Local Legal CenterPhone: (202) 434-4845Email: [email protected]