Public Policy

  • July 26, 2016

    4 Traits Of The Top Litigation Firms

    All litigation powerhouses boast talented trial lawyers, but the 20 firms at the top of their game don't just rely on their litigators. Here, we talk about the four traits that led the elite of the Litigation Powerhouses to become the go-to firms for bet-the-company cases.

  • July 26, 2016

    5 Small(er) But Mighty Litigation Shops

    Five relatively small but fearsome law firms landed a spot on Law360's 2016 list of 50 Litigation Powerhouses after they laced up their gloves and brought the pain in their fights for clients, winning some of the biggest cases over the past year.

  • July 26, 2016

    Law360 Names Top 50 Firms For Litigation

    Historic, precedent-setting wins in class action litigation. Jaw-dropping jury verdicts in courts across the country. Victories in the smartphone wars. Dramatic upsets on appeal. Law360's Litigation Powerhouses leveraged their deep legal talent to score remarkable wins for their clients over the past year, landing them a spot on our inaugural ranking of the top firms for litigation.

  • July 26, 2016

    CFPB Enforcement Actions Could Guide Debt Collection Rules

    The Consumer Financial Protection Bureau is expected to release a detailed road map on new rules for the debt collection industry Thursday, and experts say the recent string of bureau enforcement actions against collectors, banks and law firms should serve as a guide for how that map will look.

  • July 26, 2016

    Trump Crosses Trade Rubicon With Hint Of WTO Withdrawal

    Donald Trump pushed his already contentious trade policy vision even further this week as he suggested withdrawing the U.S. from the World Trade Organization, a move that experts say would have cataclysmic effects not only for the U.S. but also the entire global marketplace.

  • July 26, 2016

    CFTC Clarifies CCO Oversight Of Swaps Reporting

    The Commodity Futures Trading Commission clarified reporting duties for chief compliance officers for swaps dealers and other entities Monday, saying additional dialogue with senior management is permissible so long as it does not replace the CCO’s obligation to inform the company’s board of directors or senior officer.

  • July 26, 2016

    EU Officials OK 'Privacy Shield' Data Transfer Pact For Now

    Europe’s privacy regulators on Tuesday gave conditional backing to the new trans-Atlantic Privacy Shield data transfer deal, saying that while they still had lingering concerns about the framework's ability to safeguard Europeans’ privacy, they would refrain from mounting challenges to the pact for at least a year.

  • July 26, 2016

    US To Expand Central American Refugee Program

    The U.S. government on Tuesday announced the expansion of a refugee program for Central American children, as well as a new transfer arrangement with Costa Rica, with the updates coming after the U.S. saw an increase in apprehensions of families at the southern border earlier this summer.

  • July 26, 2016

    Pa. Court Tosses Effort To Compel Greenhouse Gas Study

    A Pennsylvania appeals court on Tuesday rebuffed a group of state residents seeking a court order requiring the governor’s office and several state regulators to conduct studies and develop plans to reduce greenhouse gases, saying the petitioners do not have a clear right to have these requests satisfied.

  • July 26, 2016

    GAO Says Army Corps, FEMA Need To Work On Levee Safety

    The U.S. Government Accountability Office said Tuesday that the U.S. Army Corps of Engineers and Federal Emergency Management Agency have made very little progress on a levee-safety program mandated by Congress in 2014, missing deadlines and leaving open the possibility of safety and financial risks.

  • July 26, 2016

    DC To Require 50% Renewable Energy By 2032

    Washington, D.C., Mayor Muriel Bowser signed a renewable energy bill on Monday that requires at least half of the district's energy to come from renewable sources by 2032 and is intended to make clean energy alternatives more available to residents.

  • July 26, 2016

    Agencies Often Overpay For Tech Products, Watchdog Says

    A U.S. General Services Administration watchdog on Monday pointed to wide discrepancies between sellers’ prices for otherwise identical information technology products under the relevant Federal Supply Schedule, saying that overpricing and other IT vendor issues are unnecessarily costing the government millions of dollars.

  • July 26, 2016

    FWS Finalizes Plan For Prioritizing ESA Status Reviews

    The U.S. Fish and Wildlife Service on Tuesday finalized a new prioritization system for petitions to list animals under the Endangered Species Act, a move the agency said will improve response time and transparency.

  • July 26, 2016

    NHL Commish Disputes Link Between Hockey & Brain Injuries

    National Hockey League Commissioner Gary Bettman dismissed a link between hockey head injuries and the degenerative brain condition known as CTE in a letter to Sen. Richard Blumenthal that was filed Monday in multidistrict litigation over the issue.

  • July 26, 2016

    Calif. Consumers Want Cellphone Tax Row Back In State Court

    Four California residents who initiated a lawsuit in state court accusing several telecommunications companies and California’s tax agency of illegally collecting hundreds of millions of dollars in cellphone sales taxes re-pleaded their case in federal court Monday after AT&T moved the putative class action.

  • July 26, 2016

    FDA, Nonprofits Ask Ninth Circ. To Stay Perchlorate Case

    The U.S. Food and Drug Administration and the six nonprofits pushing it to ban the food additive perchlorate asked the Ninth Circuit on Monday to stay a lawsuit brought by the nonprofits over the agency’s alleged delay in acting on their petition to ban the substance, agreeing that if the agency acts by March 2017 the case would be moot.

  • July 26, 2016

    SEC Proposes New Order-Routing Disclosure Rules

    The U.S. Securities and Exchange Commission published a set of proposed rule changes Tuesday that it said are intended to increase transparency in security order routing.

  • July 26, 2016

    MGM Asks 2nd Circ. To Revive Conn. Tribal Casino Law Fight

    MGM Resorts International pressed the Second Circuit on Monday to revive its lawsuit challenging a Connecticut law that paves the way for the Mashantucket Pequot and Mohegan tribes to open a third casino in the state.

  • July 26, 2016

    Bharara Probing De Blasio's Role In LICH Sale: Reports

    U.S. Attorney for the Southern District of New York Preet Bharara is investigating the role of New York City Mayor Bill de Blasio in the sale of Long Island College Hospital in Brooklyn for redevelopment, according to late Monday reports.

  • July 26, 2016

    AT&T Launches Robocall ‘Strike Force’ At FCC Behest

    AT&T intends to lead an industry “strike force” to curb robocalls Monday through greater availability of free call-blocking services to customers, after the Federal Communications Commission last week called for help to address its number one source of consumer complaints.

Expert Analysis

  • Common Mistakes Employers Of Calif. Domestic Workers Make

    Scott Liner

    Despite the fact that it has been over two years since California's Domestic Workers Bill of Rights was enacted, many household employers are still unaware of their employment obligations and the associated risks. As a result, there are a growing number of claims and lawsuits alleging substantial amounts of unpaid wages and owed penalties, say Scott Liner and Tiffany Caterina at Liner LLP.

  • Testing The UBE: Portable But Inaccurate Bar Exam Scores

    Suzanne Darrow-Kleinhaus

    While there is not much that is new about the uniform bar exam’s components, what is new is that where you take the bar exam may make the difference between passing and failing. Half of the score depends on the strength of the applicant pool in the jurisdiction where the candidate wrote the exam, which may lead to “UBE shopping,” says Suzanne Darrow-Kleinhaus, director of bar programs at Touro Law Center.

  • Benefiting From FDA's Medical Device Risk-Benefit Guidance

    Daniel S. Wittenberg

    Medical device manufacturers should understand the U.S. Food and Drug Administration's considerations for benefit-risk assessments so they can advocate for favorable FDA decisions by using the enumerated factors to illustrate the high benefits and low risks of the company’s device, say Dan Wittenberg and Tim Scalo at Snell & Wilmer LLP.

  • Carelessness Is Not Criminal: The Impact Of FBI Chief's Theory

    Brian E. Finch

    Buried deep in the transcript of FBI Director James Comey’s fiery hearing with the House Oversight and Government Reform Committee was an interesting nugget — Comey stated that he has worked hard “to stop the criminalization of negligence in the United States.” It’s a fascinating position to take and could alter attitudes about who should be held accountable following cyberattacks, says Brian Finch of Pillsbury Winthrop Shaw Pittman LLP.

  • EPA Wants More Control Over State-Issued Discharge Permits

    Ronda L. Sandquist

    Proposed changes to the U.S. Environmental Protection Agency's National Pollutant Discharge Permit System would make minor revisions to program definitions and the contents of permit fact sheets, and major revisions that will expand the EPA’s ability to object to permits administratively continued by a state program, say attorneys at Brownstein Hyatt Farber Schreck LLP.

  • Testing The UBE: Missouri Benefits From Uniform Bar Exam

    Jim Nowogrocki

    We in Missouri do not take lightly to new trends or frothy ideas. Yet, the uniform bar exam has allowed us to meet the challenges of an increasingly mobile legal profession and the changing needs of clients, and to ensure that a newly admitted attorney has the knowledge, character and fitness to practice in the Show-Me State, says Jim Nowogrocki, president of the Board of Law Examiners in Missouri — the first state to adopt the UBE.

  • USDA Food Safety Data Plan Hints At Larger Institutional Goals

    Robert G. Hibbert

    With the U.S. Department of Agriculture’s Food Safety and Inspection Service's announcement of its plan to share more food safety data regarding slaughter and processing facilities, it seems clear that the agency hopes such publicity will provide additional stimulus for a race to the top in the area of pathogen reduction, say Robert Hibbert and Hilary Lewis at Morgan Lewis & Bockius LLP.

  • PROMESA Shields Puerto Rico Behind A New Automatic Stay

    Michael P. Cooley

    Tucked at the end of the Puerto Rico Oversight, Management, and Economic Stability Act is a stand-alone provision that promises an immediate impact not merely on bondholders and other creditors seeking to enforce payment and remedies, but on any person or entity seeking to enforce rights generally against the government of Puerto Rico or any “territorial instrumentality,” says Michael Cooley of Bryan Cave LLP.

  • DOT Oil Train Rule Proposes Costly Requirements

    J. Scott Janoe

    A recently proposed rule by the U.S. Department of Transportation intends to improve oil spill response readiness and mitigate effects of rail incidents involving petroleum oil and certain high-hazard flammable trains. However, the expanded requirements would likely impose substantial costs and burden on railroads and could increase the price of crude oil transport by rail, say attorneys at Baker Botts LLP.

  • The Flaw In DTSA’S Civil Seizure Provision

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    Other than serving as a trap for the unwary and giving defense lawyers a shiny new weapon in their arsenal, does the Defend Trade Secret Act's civil seizure provision serve any useful purpose at all? asks Arash Beral of Freeman Freeman & Smiley LLP.