Public Policy

  • July 2, 2015

    Immigration Cases To Watch In The Second Half Of 2015

    High-profile immigration cases are percolating across the board, with a new fight over the EB-5 immigrant investor program, challenges to H-2B and H-4 visa regulations, and the executive action brawl at the Fifth Circuit set for 2015 action. To help keep track of it all, Law360 rounds up the cases to watch in the next few months.

  • July 2, 2015

    White House Orders Updated GMO Rules Amid Criticism

    The White House on Thursday ordered three federal agencies to overhaul the government’s regulations on genetically modified organisms, saying current rules are excessively complex and confusing and need updating to boost public confidence in federal oversight of biotech crop products.

  • July 2, 2015

    Health Cases To Watch In The 2nd Half Of 2015

    The second half of 2015 is shaping up as a potential litigation blockbuster for health care providers, as major developments loom in cases involving the False Claims Act, the future of crucial Affordable Care Act funding and the 340B drug-discount program. Here are six cases that attorneys will be watching closely.

  • July 2, 2015

    Feds Launch FCA Suit Over $17.3M TARP Fraud

    The former president and CEO of One Financial Corp. allegedly diverted millions from a $17.3 million Troubled Asset Relief Program investment for his personal use, according to a False Claims Act suit the federal government launched against his estate in D.C. federal court Wednesday.

  • July 2, 2015

    Draghi Wants Europe Capital Markets Union, New Regulator

    European Central Bank President Mario Draghi said Thursday that a European capital markets union is worth pursuing but could make financial risks more contagious, creating a need for a single regulator with capital market oversight powers throughout the European Union.

  • July 2, 2015

    Oklahoma Sues EPA Over Clean Power Plan

    Oklahoma’s attorney general on Wednesday filed suit against the U.S. Environmental Protection Agency, alleging that its Clean Power Plan is an abuse of power that, despite a D.C. Circuit court’s ruling, can’t wait until its final stage to be stopped.

  • July 2, 2015

    SEC Tells 11th Circ. That Freeze On In-House Case Is Unjust

    The U.S. Securities and Exchange Commission on Thursday fired the opening shot in its appeal of a district court’s order to block an SEC administrative proceeding and urged the Eleventh Circuit to reverse the decision that “casts a cloud” over the agency’s enforcement efforts.

  • July 2, 2015

    Calif. Tax Regulator Gives Guidance On Export Structure

    The California Franchise Tax Board on Wednesday released guidance saying it would allocate sales and commission income to the owners of interest charged-domestic international sales corporations, a structure aimed at spurring exports of American goods, for state tax purposes.

  • July 2, 2015

    Navajo Leaders Call Water, Infrastructure Top Priorities

    The Navajo Nation has named water rights and infrastructure as its top two concerns after a meeting of its branch chiefs and the 23rd Navajo Nation Council, the tribe’s leaders announced Wednesday, raising the possibility of establishing property taxes in the face of a budget shortfall.

  • July 2, 2015

    USAID Gives Lift To WTO's Trade Facilitation Pact

    The U.S. Agency for International Development announced Wednesday that it will lend its support to the formation of a sweeping coalition that will help developing countries implement a World Trade Organization agreement that will slash customs barriers and red tape at ports around the globe.

  • July 2, 2015

    Judge Blocks Florida's 24-Hour Abortion Waiting Period

    A Florida judge on Thursday blocked enforcement of a new law requiring women to wait 24 hours before undergoing an abortion, even while the state is appealing a previous temporary injunction against the statute.

  • July 2, 2015

    NJ Bill Expanding P3 Project Eligibility Is On Christie's Desk

    A New Jersey law pending Gov. Chris Christie's signature after recently clearing the state Senate would permit certain government entities to enter into public-private partnerships for building and highway infrastructure projects, expanding a privilege now held solely by state and county colleges.

  • July 2, 2015

    Corn, Grain Producers Eager For More Cuban Access

    Following up on their trip to Cuba last week, representatives for the corn and dried grain industries on Wednesday urged the Obama administration to forge ahead with its efforts to improve trade relations with the island nation, which they touted as a potential gold mine for U.S. food producers.

  • July 2, 2015

    FCC Asks Video Providers To Paint Market Landscape

    The Federal Communications Commission has plied members of the video content industry to show their hands when it comes to their consumer data, current technologies and business arrangements, as the agency prepares an upcoming report on the state of competition in the video market, according to a comment solicitation released Thursday.

  • July 2, 2015

    Va. Tribe Becomes First In State To Win Federal Recognition

    The Pamunkey Indian Tribe became the first federally recognized tribe in Virginia on Thursday, nearly five years after it first petitioned for the status and nearly 400 years after historical records document its members occupying a land base on the Pamunkey River, the U.S. Department of the Interior said.

  • July 2, 2015

    5th Circ. Hands Victories To Texas, Miss. Same-Sex Couples

    Four same-sex couples from Texas and Mississippi won the right Wednesday to have their marriages recognized in their respective states, after last week's landmark U.S. Supreme Court decision that made same-sex marriage a constitutional right under the 14th Amendment.

  • July 2, 2015

    FCC Taps Applied Materials Lobbyist As Legislative Liaison

    The Federal Communications Commission has selected Applied Materials Inc.’s former director of government affairs to serve as the agency’s new liaison to the U.S. House and Senate, FCC Chairman Tom Wheeler announced.

  • July 2, 2015

    Calif. Cheerleader Bill Only One Step Away From Being Law

    California's state Senate has approved a bill that would require professional football and basketball teams to classify their cheerleaders as employees and pay them at least minimum wage, leaving the legislation only a signature from the governor away from being law.

  • July 2, 2015

    SEC Bashes Ex-S&P Exec's New Push Against In-House Court

    In response to an amended complaint by a former S&P Ratings Services executive, the U.S. Securities and Exchange Commission offered a preview Wednesday of its arguments before the Eleventh Circuit, where it is challenging a Georgia district court’s ruling on the constitutionality of its in-house court.

  • July 2, 2015

    FCC Offers Companies Legal Advice On Net Neutrality

    The Federal Communications Commission outlined Thursday its guidance program to help companies transition into compliance with its Open Internet Order, laying out the process to request an advisory opinion from the commission’s enforcement bureau.

Expert Analysis

  • Could Chief Justice Roberts Have Concurred In Obergefell?

    Janice Mock

    Chief Justice John Roberts' dissenting argument in Obergefell v. Hodges misses the point entirely. If the U.S. Supreme Court has any rights at all, such rights surely include the ability to ensure that states don’t create laws — in Obergefell, bans on same-sex marriage — that abridge a citizen’s right to life, liberty and the pursuit of happiness, says Janice Mock of Nossaman LLP.

  • Haze Of Uncertainty Surrounds EPA Vapor Intrusion Rules

    Donald D. Anderson

    Thirteen years after releasing an initial draft and two years after issuing a draft for public comment, the U.S. Environmental Protection Agency at last released its final vapor intrusion guidance document, though how the guidance will be used — or misused — in environmental and tort litigation is uncertain, say attorneys at McGuireWoods LLP.

  • Utah Appeals Court Upholds Construction Statute Of Repose

    Adam T. Mow

    Willis v. DeWitt is a substantial victory for design professionals and contractors working in Utah as it provides certainty on when contract-based claims against them can be made and means that potential plaintiffs cannot rely on their own ignorance to extend the period for bringing a claim, says Adam Mow at Jones Waldo Holbrook & McDonough PC.

  • Cybersecurity For Brokers: 'Only The Paranoid Survive'

    Brian L. Rubin

    Commissioner Luis Aguilar’s recent cybersecurity speech emphasizes that securities firms must continually monitor how they protect themselves and their customers, and that the U.S. Securities and Exchange Commission’s future cyber-related enforcement actions will most likely involve firms that did not adequately respond to breaches or known cyberdeficiencies, say Brian Rubin and Charlie Kruly of Sutherland Asbill & Brennan LLP.

  • HOA Superpriority Litigation Intensifies In Nevada

    Robin Perkins

    For the last three years, Nevada lenders and homeowners’ associations have been battling over the interpretation of Nevada’s version of the Uniform Common Interest Ownership Act, which provides a limited superpriority lien for HOAs to recover past due assessments. Senate Bill 306 — which substantially revised the statute and these new provisions — will likely diminish investor interest in the HOA foreclosure market, say attorneys a... (continued)

  • Did 'America's Sexiest Man' Almost Doom The ACA?

    Kim Wilcoxon

    Although former Republican Massachusetts Sen. Scott Brown didn't cast the deciding vote in the U.S. Supreme Court's 5-4 ruling in King v. Burwell, the one-time Cosmopolitan magazine pick for "America's Sexiest Man" played a significant role in the legal trials and tribulations of the Affordable Care Act, says Kim Wilcoxon of Thompson Hine LLP.

  • A Possible Pattern In EPA Cases Before The High Court

    Thomas R. Wood

    What's so striking about the U.S. Supreme Court's ruling in Michigan v. U.S. Environmental Protection Agency is its similarity to the court's ruling last year in Utility Air Regulatory Group, which struck down, in part, the EPA’s regulation of greenhouse gases under the prevention of significant deterioration program, says Thomas Wood of Stoel Rives LLP.

  • How Drug Cos. Can Minimize Risks Of 'Right To Try' Laws

    Vicki G. Norton

    With "right to try" measures that provide seriously ill patients access to experimental treatments being drafted in 40 states, drug and biologic developers have faced increasing pressure from patients and their advocates to make investigational drugs available for compassionate use. Vicki Norton of Duane Morris LLP has some advice for navigating the risks associated with allowing patients compassionate use of experimental drugs.

  • A Fiduciary Standard For Brokerage Firms May Be Inevitable

    Jeffrey Holik

    It seems as if the entire financial services industry has been caught up in a drama, now approaching the end of its fifth year — will regulators adopt rules requiring brokerage firms to act in the best interest of customers when offering investment advice? Our advice for brokerage firms is not to give in to the “wait and see” temptation, say attorneys with Shulman Rogers Gandal Pordy & Ecker PA.

  • Why NJ May Win 3rd Circ. Sports Betting Case

    Daniel Wallach

    New Jersey may hold the upper hand in the sports betting case, based on what unfolded at the oral argument. In contrast to the district court, the Third Circuit signaled strongly that principles of statutory interpretation would dictate the outcome. And this bodes well for New Jersey, says Daniel Wallach of Becker & Poliakoff PA.