Public Policy

  • October 28, 2016

    Ex-Pa. Justices Take Judge Retirement Case To Fed. Court

    A challenge over the controversial wording of a ballot measure that would raise the mandatory retirement age for Pennsylvania judges moved into federal court on Thursday, just days after a split decision from the state’s Supreme Court left the referendum unchanged.

  • October 28, 2016

    DC Circ. Nixes Appeal Of Offshore Drilling Revenue Rule

    The D.C. Circuit on Thursday nixed an appeal from Alabama and Louisiana of a ruling that upheld a U.S. Department of the Interior offshore oil revenue distribution rule, saying a lower court’s order that the agency re-evaluate how it goes about collecting back fees from states isn’t appealable.

  • October 27, 2016

    Flint Residents Clear Hurdle In Water Crisis Suit

    A proposed class of Flint, Michigan, residents seeking compensation from the state over the city’s lead contamination crisis won a round in a state court lawsuit Wednesday, with a judge allowing claims for harm to their bodies and properties to go forward, even as he dismissed two of their other claims.

  • October 27, 2016

    Climate Change Projections Gain Credence As ESA Metric

    The Ninth Circuit's recent ruling that 100-year climate change projections could factor into the National Marine Fisheries Service's decision to list the Pacific bearded seal as a threatened species solidifies the government’s authority to rely on similar forecasting for future Endangered Species Act listings, experts say.

  • October 27, 2016

    Miami-Dade County Mayoral Candidate Sues To Bump Incumbent

    With less than two weeks until their Nov. 8 election showdown, Miami-Dade County mayoral candidate Raquel Regalado, an intellectual property and commercial litigation attorney, filed a lawsuit Thursday asking a state court to disqualify incumbent Carlos Gimenez for allegedly failing to submit proper payment to qualify his candidacy.

  • October 27, 2016

    Uber Lays Out Ambitious Plan For 'Flying Cars'

    After building itself into a ride-hailing behemoth that’s reshaped the for-hire transportation landscape, Uber has set its sights much higher: flying cars.

  • October 27, 2016

    GWB Trial Closing Statements Delayed Over 'Legal Issue'

    Closing statements were postponed Thursday in the trial of two former public officials over the George Washington Bridge lane closures after a New Jersey federal judge cited an outstanding “legal issue” without further explanation.

  • October 27, 2016

    Key FCC Legal Adviser On Net Neutrality Decamps

    A senior legal adviser to FCC Chairman Tom Wheeler, whom he hailed for playing a critical part in creating and defending the agency’s Open Internet Order, is leaving, the agency said Thursday, and an associate bureau chief in the Wireline Competition Bureau is stepping into her place.

  • October 27, 2016

    EU’s New Corporate Tax Base May Not Fly With Members

    A proposal for calculating taxable corporate profits using a single formula across the European Union will reduce compliance burdens for multinational corporations, but experts say it could be a hard sell to member countries worried about missing out on revenue and other economic benefits.

  • October 27, 2016

    NY Becomes Latest State To Face Suit Over Ballot Selfie Ban

    A New York federal judge on Wednesday ordered officials to explain why the court shouldn’t block the enforcement of an election law banning ballot selfies after several citizens filed suit following successful challenges of similar laws in states including New Hampshire and Michigan.

  • October 27, 2016

    EPA Sets Strategy For Low-Income, Minority Enviro Justice

    The U.S. Environmental Protection Agency on Thursday unveiled its Environmental Justice 2020 Action Agenda, the regulator’s strategic plan for ensuring low-income, minority and indigenous communities are not suffering disparate environmental and public health impacts.

  • October 27, 2016

    Oil Pipelines' Easy Regulatory Ride At FERC May Be Ending

    The Federal Energy Regulatory Commission's recent decision to consider changing how it sets annual caps for oil pipeline rate increases is the latest sign that the commission is stepping up its regulation of oil pipelines after decades largely spent on the sidelines, a shift that could lead to more legal fights between pipeline owners and their customers, experts say.

  • October 27, 2016

    LGBT Groups, Educators Rip 'Bathroom Bill' At 4th Circ.

    A slew of lesbian, gay, bisexual and transgender rights groups as well as dozens of school administrators and others have told the Fourth Circuit that North Carolina’s now-infamous law requiring transgender people to use bathrooms and locker rooms corresponding to the sex on their birth certificates violates those individuals’ constitutional rights.

  • October 27, 2016

    GOP Panel Members Slam 'Politics' Behind Waters Of US Rule

    The U.S. House Oversight and Government Reform Committee released a report Thursday by a group of its Republican members saying the process that resulted in the controversial Waters of the United States rule was politically motivated rather than driven by science.

  • October 27, 2016

    Alleged Judge Impostor Won't Take The Bench In License Tiff

    A judicial candidate and attorney accused of posing as a Cook County, Illinois, judge told the state Supreme Court on Thursday she won’t take the bench following the election if the justices will allow her to keep her law license until the court can hold a formal disciplinary hearing.

  • October 27, 2016

    Former NYC Detention Center To Be $300M Live-Work Campus

    The New York City Economic Development Corp. and the city’s Department of Housing Preservation and Development said Thursday that a new $300 million project will transform the former Spofford Juvenile Detention Center in the Hunts Point section of the Bronx into a five-acre live-work campus.

  • October 27, 2016

    White House Unveils Plan To Modernize Federal IT Systems

    The White House on Thursday released a proposed plan to help modernize outdated federal information technology systems, saying many federal agencies continue to rely on obsolete systems that are expensive to maintain and hard to secure against cyberattacks.

  • October 27, 2016

    Air Force Needs More Counter-Drone Tech, GOP Rep. Says

    The U.S. Air Force needs to develop technology more rapidly to counter weaponized drones used by the Islamic State, a Republican congressman said in a letter Wednesday.

  • October 27, 2016

    Cook County Joins Chicago In Approving $13 Minimum Wage

    The Cook County Board on Wednesday adopted a $13 minimum hourly wage, joining Chicago in raising the wage from the $8.25 mandated by the state of Illinois.

  • October 27, 2016

    BFI Takes New Shots At NLRB Joint Employer Rule In DC Circ.

    Waste management company Browning-Ferris Industries again urged the D.C. Circuit on Wednesday to reject the National Labor Relations Board’s recently revised joint-employer standard, saying that it will jeopardize a litany of third-party business agreements.

Expert Analysis

  • U.S. Sanctions' Long Reach May Have Just Gotten Longer

    Scott Flicker

    The case of a Turkish businessman arrested en route to Disney World has significant implications for other non-U.S. persons conducting business with governments and companies subject to U.S. sanctions, and suggests that sanctions laws may be applied even when there is no nexus between the criminal allegations and the United States, say Scott M. Flicker, Kwame Manley and Jason Fiebig of Paul Hastings LLP.

  • EPA’s Regional Consistency Regs Tilt The Playing Field

    Richard Alonso

    The U.S. Environmental Protection Agency’s recently finalized regional consistency regulations are substantively flawed and simply unfair. The agency’s rule limits decisions adverse to the agency to a particular region of the country, while still allowing the agency to apply favorable decisions nationwide, say Richard Alonso and Brittany Pemberton of Bracewell LLP.

  • Without Greater Investor Protection, EB-5 Is Unsustainable

    Angelo A. Paparelli

    Among the ongoing criticisms of the current EB-5 program are its lack of transparency, its failure to protect investors, and the inadequacy of safeguards to ensure that EB-5 funds are properly deployed for job creation and not lost through fraud or defalcation. The program’s longevity and success thus depends in large part on the implementation of reliable investor safeguards, say attorneys at Seyfarth Shaw LLP.

  • When Your Client Is The President

    Alberto R. Gonzales

    On the evening of Sept. 11, 2001, I stood on the Oval Office porch and watched as Marine One landed on the South Lawn, bringing President Bush home. The president decided immediately that the attacks that morning placed America on a war footing against a nonstate actor. This generated a number of unique and complex legal issues for me, says Alberto Gonzales, who served as White House counsel for President George W. Bush.

  • Adapt Or Die: Law Firms In Tomorrow's Economy

    Jill Dessalines

    In this multipart series, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp., explores the metamorphosis that needs to take place in the world of corporate law firms in order for them to survive and thrive in the future.

  • Calif. Unclaimed Property Change For Banks, Customers​

    Michael Giovannini

    An update to California's Unclaimed Property Law ensures that bank accounts used for automated withdrawals and deposits will not be erroneously escheated to California, causing problems for consumers. But the change may require many banks to adjust their systems to track and monitor electronic recurring transactional activity, say Michael Giovannini and Samantha Bautista of Alston & Bird LLP.

  • Knotty International Problems In The Courts

    Fred Taylor Isquith

    Recent international cases — Morrison v. National Australia Bank, Vitamin C Antitrust Litigation and NML Capital v. Argentina — may offer a guide for resolution of the latest controversy to drop into the lap of the judiciary — the Justice Against Sponsors of Terrorism Act, says Fred Taylor Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • When Your Client Is The President

    C. Boyden Gray

    Every day, it seemed that virtually the entire day was spent trying to shape the news. Balancing the media day-to-day with the need for strategic planning requires staff to stay in their positions rather than congregate around the ball. Yet the impulse to run to the action is as tempting in the White House as on the soccer field, says C. Boyden Gray, who served as White House counsel for President George H.W. Bush.

  • China’s New Social Credit System Presents Complications

    Lester Ross

    China recently issued a document that advances the institution of a disciplinary system by which all entities and individuals will be rated according to their social credit scores. Foreign-invested enterprises and other foreign entities may be particularly vulnerable, say Lester Ross and Tingting Liu of WilmerHale.

  • The Road Ahead: Transportation Innovation Funding In 2017

    Nathan Kron

    The federal government has recently released numerous initiatives and announcements aimed at facilitating transportation innovation. Industry stakeholders need to understand that their participation across seemingly disparate agencies and programs can be enormously beneficial, if not critical, to the successful deployment of these initiatives, say Nathaniel T. Kron and Taite R. McDonald of Holland & Knight LLP.