NOSSCR Conference in Baltimore - May 2011

I will attend the NOSSCR conference this week in Baltimore, Maryland.  The conference should see circa 1000 attendees from across the country with a smattering of government lawyers and bureaucrats sprinkled into the mix.  The program features 41 breakout sessions plus the general session Thursday morning.

I am co-presenting with Jeffrey Baird and Tom Sutton on Friday morning:

Auer Watershed--What to Do about Agency Disregard of Published Policy

Jeffrey Baird, Esq.

Lawrence Rohlfing, Esq.

Thomas Sutton, Esq.

The Rulings, POMS, and HALLEX describe the how and why of the complex regulatory paradigm. Sometimes the agency violates its own policies, Hansen v. Schweiker says that POMS isn't enforceable. Auer calls for controlling deference. The session will focus on the differences between the deference, respect, and blind eye that precedent tells us applies.

Immediately following the Auer presentation, Tom and I will present again:

Post-Litigation Attorney Fees after Gisbrecht and Ratliff

Lawrence Rohlfing, Esq.

Thomas Sutton, Esq.

In this workshop, we will survey the landscape of 42 USC 406(b) fees in the years since the Supreme Court decided Gisbrecht, and EAJA fees in the months since it decided Ratliff. We will also discuss the interplay between these fees, as well as the role of 406(a) fees after litigation. The issues of reasonableness in 406(b) applications (especially in light of the Ninth Circuit's en banc Crawford opinion) and substantial justification in EAJA applications will be featured in our discussion.