Public Policy

  • June 24, 2016

    Looser Employment Regs, Fewer Workers On Tap Post-Brexit

    The U.K.'s decision Friday to leave the European Union could lead to short-term uncertainty and long-term turmoil for employers, experts say, predicting that unpopular employment regulations will be scrapped by reformist lawmakers while new immigration restrictions will dilute the pool of available workers from EU member states.

  • June 24, 2016

    Bid To Nix Work Permit Processing Deadline Draws Scrutiny

    A new rule aimed at increasing job flexibility for some foreign workers caught flak at an immigration attorney panel on Friday, as lawyers expressed concern over a provision that would end the government's requirement to adjudicate work permit requests in 90 days.

  • June 24, 2016

    Calif. Judge Rules Against Water Management Plan For Delta

    A California judge on Friday invalidated an ambitious water resources management plan for the Sacramento-San Joaquin Delta, saying that in light of "deficiencies" found by the court, the plan must be set aside until revisions are completed.

  • June 24, 2016

    Brexit To Further Splinter Global Data Protection Rules

    The U.K.’s decision to pull out of the European Union is likely to eventually result in the creation of new data protection and transfer agreements that, while similar to the EU’s current regime, will contain deviations that could leave companies to grapple with divergent standards and duplicative enforcement, attorneys say.

  • June 24, 2016

    Workers, Officials Sue Ariz. Over Law Curbing City Benefits

    Arizona lawmakers violated the state’s constitution this year by enacting a bill that effectively overruns a previous voter initiative by barring municipalities and counties from regulating various types of employment benefits, according to a suit filed by a labor union and 37 elected officials.

  • June 24, 2016

    Brexit May Lead To More Favorable UK Tax Regime

    The British electorate's decision to ditch the European Union could result in U.K.-based multinationals being stripped of some of the protections they enjoy under the EU's umbrella, but experts say Thursday's referendum could entice the U.K. to implement a friendlier tax environment.

  • June 24, 2016

    Brexit Torpedoes Hopes For UK Capital Markets Turnaround

    The United Kingdom’s shocking vote Thursday to leave the European Union has unleashed panic in capital markets and immeasurable long-term uncertainty that, for the time being, chills any hopes of recovery in Britain's stalled equity-raising environment, experts say.

  • June 24, 2016

    Atty's Gov't Post Clashed With Biz Group Role, NJ Panel Says

    A New Jersey appeals court on Friday upheld ethics violations leveled against the state's former ratepayer advocate, finding an inherent conflict of interest in the attorney simultaneously holding that job and serving as president of the Asian Indian Chamber of Commerce.

  • June 24, 2016

    Fla. Appeals Court Tosses Challenge To Miami Yacht Marina

    A Florida appeals court Friday affirmed denial of several Miami residents' challenge to a state board's approval of deed restriction modifications to the city to allow construction of a $400 million marina and mixed-use project, finding the land is no longer “sovereignty submerged land.”

  • June 24, 2016

    Chamber Official Urges Quick Action On Privacy Shield

    A U.S. Chamber of Commerce official on Friday asked the European Union’s member states to quickly sign off on the updated version of the so-called Privacy Shield, saying the new framework for trans-Atlantic data transfer is critical for companies on both sides of the pond.

  • June 24, 2016

    Jackson, Miss. Officials Fight State's Takeover Of Airport

    Jackson, Mississippi, officials asked a federal court on Friday to block the state from taking control of Jackson-Medgar Wiley Evers International Airport under a new law, which they claim is unconstitutional, establishing a regional commission to replace the Jackson-governed airport entity.

  • June 24, 2016

    US Sued Over Immigrant Minors' Abortions, Birth Control

    The American Civil Liberties Union sued the U.S. government on Friday in federal court over tax dollars given to religious organizations for the care of immigrant minors, saying the groups unlawfully deny youths access to contraception and abortion, even in cases of rape.

  • June 24, 2016

    Feds Defend Lease Decision On Sacred Calif. Tribal Land

    The U.S. Bureau of Land Management urged a California federal judge Thursday to accept its version of a proposed order regarding its decision to continue geothermal leases on California land sacred to the Pit River tribe, saying the tribe wrongly argued that the government is asking the court for an advisory opinion on the leases.

  • June 24, 2016

    Financial Regulators On Watch As Brexit Fallout Builds

    U.S. financial regulators and their global counterparts are on high alert for signs of financial stress both in the short and long term, after voters in the U.K. on Thursday chose to leave the European Union, with a particular focus being placed on stresses in banks' trading books.

  • June 24, 2016

    EPA Fights Industry Bid To Link Mercury Rule Challenges

    The U.S. Environmental Protection Agency on Thursday urged the D.C. Circuit to reject a bid by two industry groups to link their challenges of the agency's mercury emissions rule to a new petition taking issue with the EPA's cost analysis of that rule, saying the two cases are distinct.

  • June 24, 2016

    Senate Panel OKs Bill To Help Implement WTO Trade Pact

    The U.S. Senate Committee on Foreign Relations on Thursday reported out legislation that would establish a five-year pilot program to help developing countries implement the World Trade Organization’s Trade Facilitation Agreement, which aims to cut red tape in customs procedures.

  • June 24, 2016

    Consumer, Trade Groups Want FCC Rethink On Lifeline

    The Federal Communications Commission was hit with at least six petitions Thursday by consumer advocacy groups, trade associations and others urging reconsideration of reforms to the Lifeline low-income phone and broadband subsidy, especially the new minimum service requirements and rollback of support for stand-alone voice services.

  • June 24, 2016

    Gibson Dunn Partner Picked For GC Of US House

    The co-chair of Gibson Dunn’s appellate and constitutional law practice group has been appointed general counsel to the U.S. House of Representatives, House Speaker Paul Ryan announced Friday.

  • June 24, 2016

    Transgender Student Can Choose Bathroom, Judge Orders

    A Virginia federal judge on Thursday ordered a school board to allow a transgender male student to use the boys' bathroom, a decision that followed a Fourth Circuit ruling finding that federal law requires schools to let transgender students choose which bathroom to use.

  • June 24, 2016

    Advocates Question Industry Set-Top Box Alternative Plan

    Representatives from several consumer groups — as well as Google Fiber and TiVo Inc. — have told the Federal Communications Commission that an alternative apps-based approach to the FCC’s plan to unlock the pay-TV set-top box is a positive move but also one that raises concerns.

Expert Analysis

  • Preparing For The Imminent Rise Of Citizen Science

     Delmar R. Ehrich

    The rise of citizen science will pose major challenges to industry in environmental permitting, compliance, enforcement and risk management. As it starts to generate data that does not fit easily into the traditional environmental compliance model, companies must prepare to confront information about their facilities, the provenance and accuracy of which will likely be unclear, says Delmar R. Ehrich at Faegre Baker Daniels LLP.

  • Creating A Partial Solution To Delayed Generic Competition

    Gregory S. Asciolla

    Although the recently proposed CREATES Act leaves some competitive concerns unanswered, and raises some additional questions, it provides a starting point to address some of the issues affecting consumer access to cheaper generic and biosimilar drug products in the United States, say Gregory Asciolla and Matthew Perez at Labaton Sucharow LLP.

  • How Lawyers Can Harness The Power Of Social Media

    Monica Zent

    It’s important to first decide what your personal brand is. Are you a crusader? A wry observer? A compassionate witness? Your social media presence doesn’t have to reflect the deepest aspects of your identity — it’s merely an image that you project, says Monica Zent, founder and CEO of Foxwordy Inc.

  • Red Or Black? Difficult Decisions Ahead For Atlantic City

    Steven Wilamowsky

    With the passage of the Casino Tax Property Stabilization Act, New Jersey appears to be moving forward to help stabilize Atlantic City and avoid a bankruptcy filing by the city. Success, however, will require buy-in by not only the city’s casinos but also the city itself and its citizens, say attorneys with Chapman and Cutler LLP.

  • The Face Of Patent Litigation After Federal Rules Amendments

    Marc Pensabene

    In the past five years, patent litigation has seen the implementation of the America Invents Act and several significant U.S. Supreme Court cases. These changes have tipped the balance of power a little more in the direction of the accused infringers, and the recent amendments to the Federal Rules of Civil Procedure are likely to have a further impact on that balance, say Marc Pensabene and Sarah Pfeiffer of O'Melveny & Myers LLP.

  • Florida Courts Step Up To Address Public Records Abuse

    M. Hope Keating

    Historically, Florida courts have awarded attorneys’ fees even where there were questions about the motives underlying public records requests, but recent decisions from Florida’s First District Court of Appeal have set forth a new standard in cases involving the veracity of public records requests, says Hope Keating at Greenberg Traurig LLP.

  • Fintech Innovation Needs Congressional Support

    Gordon L. Miller

    In order to promote fintech innovation in a broad and effective fashion, it may be necessary for Congress to grant one or more federal financial agencies the express authority to waive a company’s exposure, within bounds, to both private liability and regulatory enforcement, says Gordon Miller, former Federal Reserve Board counsel now with Allen & Overy LLP.

  • Conflict Minerals Regulation In EU — What We Know So Far

    Michael R. Littenberg

    Following a political understanding announced last week, the preparation for a final conflict minerals regulation in the European Union now begins. A small number of companies that are public in the United States may find that they come within the scope of the regulation, even though their business activities are not in scope for purposes of the U.S. conflict minerals rule, say attorneys with Ropes & Gray LLP.

  • SBA Rule Changes Benefit Contractors, But Pitfalls Remain

    Damien C. Specht

    The Small Business Administration's final rule creates new contracting opportunities for small business through greatly expanded subcontracting and joint-venturing opportunities, and provides much-needed clarity in several areas. But there are also harsh penalties for limitations on subcontracting violations, say Damien Specht and Rachael Plymale of Morrison & Foerster LLP.

  • ITC Pilot Program: Where We Stand 3 Years Later

    Brian Johnson

    Many practitioners believed the U.S. International Trade Commission Pilot Program — known as the “100-day proceeding” — could reshape the way parties litigate in the ITC. Yet, three years later, the program has thus far proven anticlimactic. The fanfare has died down. But that may soon change, says Brian Johnson of Sidley Austin LLP.