Public Policy

  • October 9, 2015

    Calif. OKs Nation's Toughest Limits On Livestock Antibiotics

    California Gov. Jerry Brown signed legislation Saturday imposing the nation's tightest restrictions on antibiotics given to farm animals in an effort to curtail practices that contribute to what he called the "urgent public health problem" of antibiotic-resistant infections in humans.

  • October 9, 2015

    Calif. Group Challenges Va. Tribe's Federal Status

    Virginia’s first federally recognized tribe is in danger of losing its recognition status following an eleventh-hour request to reconsider its ancestral records from a California group opposed to off-reservation casinos.

  • October 9, 2015

    Judge Supports Challengers' Map In Fla. Redistricting Row

    Challengers to Florida's congressional redistricting map claimed another victory Friday, as the trial judge handling the case recommended one of their submissions for approval by the Florida Supreme Court over those of the state's lawmakers.

  • October 9, 2015

    State Dept. Visa Bulletin Leaves EB-2 Cutoff Changes In Place

    The U.S. State Department preserved controversial cutoff dates Friday in its November visa bulletin for when green card seekers with EB-2 visas can submit applications, refusing to advance the dates to those in its original October visa bulletin despite pressure from the immigration community and a proposed class action.

  • October 9, 2015

    Ex-CEO Challenging SEC Court Asks 7th Circ. For Rehearing

    The former CEO of Assisted Living Concepts Inc. on Thursday asked the Seventh Circuit to rehear en banc her bid challenging the constitutionality of the U.S. Securities and Exchange Commission’s administrative court, arguing the appellate panel misinterpreted U.S. Supreme Court precedent.

  • October 9, 2015

    SEC Offers To Remove Industry Bans After DC Circ. Ruling

    The U.S. Securities and Exchange Commission said on Friday that investment advisers banned under the agency’s retroactive enforcement of a Dodd-Frank Act policy could appeal their punishment after the D.C. Circuit ruled the agency couldn’t apply the policy to earlier violations.

  • October 9, 2015

    Another Chicago Union Files Suit Against Pension Reform

    Chicago Park District employees are challenging a pension reform law similar to the one struck down as unconstitutional by the Illinois Supreme Court this year, arguing in a new complaint that the state Legislature increased the retirement age and reduced benefits without consulting with workers first.

  • October 9, 2015

    Sen. Menendez Appeals To 3rd Circ. In Corruption Row

    Attorneys for U.S. Sen. Robert Menendez, D-N.J., lodged an appeal with the Third Circuit on Friday asking it to review a New Jersey federal judge’s recent decisions not to toss the bulk of the criminal charges in a corruption case against him and a Florida eye doctor.

  • October 9, 2015

    Calif. Agency Says VW's Emissions Cheat Fix Due Nov. 20

    California air quality regulators have given Volkswagen a Nov. 20 deadline to submit a proposed timeline and technical solution for fixing the diesel cars it fitted with software to cheat emissions standards, a state agency spokesman announced Friday.

  • October 9, 2015

    Feds Told To Speed Review Of Drilling Plan For Tribal Site

    A D.C. federal judge on Thursday ordered the federal government to decide by Nov. 23 whether it will seek to cancel or lift a suspension on Solenex LLC’s natural gas permit on land sacred to Montana’s Blackfeet Nation, slamming the government's proposed schedule to resolve the nearly 30-year suspension of the lease as unreasonable.

  • October 9, 2015

    Gibson Dunn Subpoena Row Sends Warning On Firm Probes

    A battle over a subpoena for more information from Gibson Dunn's report for New Jersey Gov. Chris Christie's office on the George Washington Bridge scandal underscores the perils of internal investigations and will become a more common occurrence if prosecutors increasingly target individuals over corporate wrongdoing, some attorneys say.

  • October 9, 2015

    Cable Group Opposes FCC's New Lifeline Privacy Rules

    The American Cable Association threw its support behind a petition urging the Federal Communications Commission to reconsider its updates to its Lifeline phone subsidy program, while consumer advocacy groups on Friday urged the wireless industry to protect customers’ data.

  • October 9, 2015

    FilmOn CEO Prods FCC To Bring Local Broadcast TV Online

    Following a critical win on a copyright issue in a California federal court this summer, FilmOn CEO Alki David met with Federal Communications Commission officials Thursday to try and spark momentum on a proposal he says would give his Internet TV streaming company the ability to reach deals with broadcasters and cable channels alike.

  • October 9, 2015

    Maine Says EPA Illegally Giving Tribes Special Water Rights

    Maine on Thursday amended its lawsuit aiming to compel the U.S. Environmental Protection Agency to recognize the state's authority over tribal waters, saying the federal agency made unlawful determinations about the state's jurisdiction after its original complaint last year.

  • October 9, 2015

    FAA Starts Eyeing Drone-Tracking Technology

    The Federal Aviation Administration said Thursday it is partnering with a contractor to test technology that tracks drones flying near airports and that may offer air safety officials an important tool as they address a sharp increase in drone sightings by pilots.

  • October 9, 2015

    Ariz. Official Says Tribe Committed Fraud In Casino Bid

    A fight over the Tohono O'odham Nation's proposed $400 million casino ramped up on Thursday, when Arizona's gambling director accused the tribe of secretly planning to build a $400 million Phoenix-area casino while telling the state and voters the facility would be built elsewhere, in order to receive approval of its gambling compact.

  • October 9, 2015

    G-20 Promises To Crack Down On Corporate Tax Dodging

    The G-20 nations signaled their support for a package of corporate tax reforms during a meeting in Peru on Friday, putting the world’s leading rich and developing states one step closer to implementing measures that will make it harder for corporations to shift their profits to low-tax nations, according to the organization backing the changes.

  • October 9, 2015

    FDA's Abilify Smack-Down Boosts Imitator Drugs

    The U.S. Food and Drug Administration’s recent rejection of a challenge the manufacturer of popular antipsychotic Abilify Maintena brought against a highly similar rival product shows how drugmakers can tweak existing medications to win extra exclusivity and streamlined clearance along a special pathway, experts say.

  • October 9, 2015

    Puerto Rico Rep. Floats Plan For Treasury Bond Guarantee

    Puerto Rico's congressional representative has introduced legislation that would allow the U.S. Treasury Department to guarantee repayment of new bonds issued by the commonwealth, provided that Puerto Rico improves the management of its public finances.

  • October 9, 2015

    Feds To Ease Highway Design Rules For Low-Speed Roads

    The U.S. Department of Transportation’s Federal Highway Administration has proposed updating its design standards for the federal-aid highway program, loosening restrictions for the construction of lower-speed roads and giving state and local authorities more flexibility to incorporate bike lanes and pedestrian pathways.

Expert Analysis

  • Springtime For 'Implementation Day' On Iran Sanctions

    Baruch Weiss

    The lifting of Iranian-related sanctions under the Joint Comprehensive Plan of Action on "Implementation Day," which is set for spring 2016, will have little impact on the ability of U.S. persons to do business with Iran. The embargo will remain in place and the U.S. will continue to enforce stringent controls on Iran-related transactions by U.S. persons, foreign entities owned or controlled by a U.S. person and foreign persons loc... (continued)

  • NJ Appeals Court Makes Room For The State In Spill Act

    John J. DiChello Jr.

    A New Jersey appellate court's recent decision in NL Industries Inc. v. State of New Jersey is an outright victory for responsible parties saddled with the costs to clean up contaminated sites in which the state bears some level of responsibility​ under the New Jersey Spill Compensation and Control Act, says John DiChello Jr. of Blank Rome LLP.

  • The State Of DOL's Whistleblower Protection Program

    Matthew S. Stiff

    While substantial room for progress remains, the U.S. Department of Labor's shortcomings in enforcing federal whistleblower protections are largely due to insufficient resources, not a lack of commitment to whistleblowers, says Matthew Stiff of Katz Marshall & Banks LLP.

  • Don’t Burst My Bubble! IRS Provides Clarity For F Reorgs

    Bryan Smith

    Given F reorganizations' many potential uses, the guidance in recently issued IRS regulations, in particular the confirmation that such reorganizations may in fact occur “in a bubble” without impacting the treatment of related transactions, is welcome, say attorneys with Perkins Coie LLP.

  • Spotlight On The Historic Immigration Visa Bulletin

    Delisa J.F. Bressler

    There is no precedent to suggest the outcome in Chintan Mehta v. U.S. Department of State over the historic October visa bulletin, which moved back green card application cutoff dates for certain Chinese and Indian immigrants. Publication of the revised bulletin prior to its effective date and the high standard for obtaining an injunction mandating government action may be enough for the government to carry the day, says Delisa J.F... (continued)

  • Vt. GMO Labeling Act Is Unnatural And Unconstitutional

    Michael A. Walsh

    Vermont did not join the union until 1791, the year the First Amendment was ratified. That tardiness may explain its inability to interpret the First Amendment correctly. Thankfully, in Grocery Manufacturers Association v. Sorrell, a Vermont district court found that a Vermont statute barring manufacturers from using the word "natural" to label products was unconstitutional, says Michael Walsh at Strasburger & Price LLP.

  • The Retrospective Approach To Companion Diagnostics

    Derrick Rowe

    When concurrent development of therapeutics and companion diagnostics isn't possible, the U.S Food and Drug Administration may accept the retrospective analysis of banked patient samples to validate a companion diagnostic. As technology evolves, retrospective development will only grow, so diagnostic developers and therapeutic product sponsors should be ready to take advantage of retrospective studies, say attorneys at Wilson Sonsi... (continued)

  • EPA Hazardous Waste Generator Rule Is A Mixed Bag

    Thomas E. Hogan

    While aspects of the U.S. Environmental Protection Agency's Hazardous Waste Generator Improvements Rule may provide greater flexibility for some generators to manage their hazardous waste more efficiently, the rule would clearly increase the regulatory burden in other respects, particularly in the area of documentation and notification, says Thomas Hogan of Baker & Hostetler LLP.

  • Potential Problems With The California Fair Pay Act

    Allan G. King

    Although the California Fair Pay Act was passed to remedy a perceived gender gap in pay, the statute’s potential effects on the labor market likely will be more sweeping and unrelated to gender issues. The CFPA may require employers to equalize pay between employees performing vastly different jobs and those performing the same job in vastly different labor markets, says Allan King of Littler Mendelson PC.

  • A New Critique Of Ch. 11 Reform Carries Serious Weight

    David Griffiths

    The Loan Syndications and Trading Association's response this week to the American Bankruptcy Institute's Chapter 11 reform recommendations is thoughtful, well-researched and forceful, and its most compelling arguments turn on the importance of certainty and uniformity in bankruptcy courts, say David Griffiths and Doron Kenter of Weil Gotshal & Manges LLP.