Public Policy

  • February 8, 2016

    Texas Loses Another Bid To Block Syrian Refugees

    A Texas federal judge on Monday again refused to let state officials block Syrian refugees from settling in Houston, ruling the officials hadn’t shown a substantial threat of injury in the wake of the terrorist attacks in Paris.

  • February 8, 2016

    Tax Court Interest Claims Don't Have To Wait For IRS Notice

    Taxpayers seeking to reduce their interest amounts owed to the Internal Revenue Service no longer have to wait for a final notice of denial from the agency to file a petition with the U.S. Tax Court, according to a recent notice from the agency's chief counsel.

  • February 8, 2016

    Fla. Property Owner Asks High Court To Hear Takings Case

    A Florida apartment complex wants the U.S. Supreme Court to revive its class action challenge to a state law that allowed the government to keep the lion's share of interest on funds held by the county court during "quick-take" eminent domain proceedings.

  • February 8, 2016

    FMCSA Mulls Safety Regs For Intercity Bus Cos.

    The Federal Motor Carrier Safety Administration said Monday that it is considering new safety regulations for intercity bus companies, such as Megabus, that mostly provide curbside passenger pickups in response to growing concern over accidents involving curbside operations.

  • February 8, 2016

    Gov't Spying Challenger Says Halt To Dragnet Still Needed

    The Freedom Watch founder challenging the government’s bulk phone records collection program told the D.C. Circuit Friday that a November end to certain collection under the USA Freedom Act does not moot the need for a court-ordered halt to the activities.

  • February 8, 2016

    Obama Wants SEC, CFTC Funding Doubled By 2021

    President Barack Obama is calling on congressional leaders to double the funding of the U.S. Securities and Exchange Commission and the U.S. Commodities Futures Trading Commission within five years, an administration official said Monday.

  • February 8, 2016

    MetLife, Regulators Square Off Over SIFI Designation

    MetLife Inc. is set to go to court Wednesday to defend its lawsuit challenging the Financial Stability Oversight Council's decision to name it a systemically important financial institution whose collapse could threaten the stability of the U.S. economy. Here, Law360 breaks down the dispute in anticipation of oral arguments on whether MetLife's case can proceed.

  • February 8, 2016

    US, India Talk Settlement In WTO Solar Row

    A World Trade Organization decision on the legality of India’s solar energy program has been delayed as officials in New Delhi hold meetings with the Obama administration in an attempt to reach a mutual resolution, the U.S. trade representative’s office said Monday.

  • February 8, 2016

    Senate Elevates Iowa State Judge To Federal Bench

    The U.S. Senate on Monday unanimously confirmed Iowa state Judge Rebecca Goodgame Ebinger to the state’s federal bench, the fourth of five nominees scheduled to receive a vote in early 2016.

  • February 8, 2016

    Small-Biz Group Wants To Speak Up For Reg A+ In DC Circ.

    The National Small Business Association told the D.C. Circuit on Friday that it wants to present oral argument in defense of the U.S. Securities and Exchange Commission's Regulation A+, contending that members of the interest group would be hurt if the capital-raising rules were struck down.

  • February 8, 2016

    FDA Tackles Opioids Amid Rare Political Pressure

    The U.S. Food and Drug Administration's move to review its approval of opioid painkillers, coupled with its leaders' unusual decision to publish an explanation in a medical journal rather than the Federal Register, shows an agency in rare political duress where its prospective leader is virtually being held as a bargaining chip, attorneys say.

  • February 8, 2016

    DuPont Asks To Intervene In Renewable Fuel Rule Challenge

    DuPont asked the D.C. Circuit Friday to allow it to intervene in a suit challenging a U.S. Environmental Protection Agency rule reducing statutory volumes of renewable fuel, arguing that the agency’s decision puts its massive investment in a cellulosic ethanol facility at risk.

  • February 8, 2016

    Revised F-1 Student Visa Rule Closer To Publishing

    A revised version of a rule rejected last year by a D.C. federal judge that would allow certain F-1 student visa holders to work longer in the U.S. is one step closer to appearing in the Federal Register, now that the U.S. Department of Homeland Security has submitted it to a White House agency for review.

  • February 8, 2016

    Pa. Reps. Push Gas Drilling Tax In Advance Of Wolf's Budget

    Two Pennsylvania state representatives pushed plans to impose a new severance tax on natural gas drilling before a House committee Monday, a day before Gov. Tom Wolf introduces his own budget outline for the 2016-17 fiscal year.

  • February 8, 2016

    NJ Bill Would Expand Infrastructure Projects Cost Oversight

    A New Jersey Assembly panel on Monday advanced a bill that would require local governments and authorities wanting to use New Jersey Environmental Infrastructure Trust funds for projects costing $1 million or more to first obtain a financing cost estimate from the trust.

  • February 8, 2016

    TPP's Tobacco Carveout Could Rock Arbitration Landscape

    The Trans-Pacific Partnership's investment chapter includes a first-of-its-kind passage barring companies from lodging challenges against tobacco control measures, a provision that some experts say could pave the way for similar product-specific exclusions in the arbitration procedures of future U.S. trade accords. 

  • February 8, 2016

    NYC Comptroller Says Proxy Access Keeps Boards Honest

    Proxy access likely won't "radically change" corporate America, but having that shareholder privilege in the arsenal helps democratize the board selection process and ensure a new level of accountability in the boardroom, NYC Comptroller Scott Stringer told Law360.

  • February 8, 2016

    Twitter Cites 1st Amendment Rights In DOJ Surveillance Suit

    Twitter Inc. pushed back on the Justice Department’s attempt to toss its suit over its rejected plan to publish certain government surveillance information, telling a California federal court Friday that its First Amendment rights are at stake.

  • February 8, 2016

    California Tax Man Wins Super Bowl 50

    The Denver Broncos beat the Carolina Panthers in Super Bowl 50 on Sunday in Santa Clara, California, but regardless of who was victorious, the state stands to win big come tax time because of how it and other states and localities tax athletes.

  • February 8, 2016

    Wash. Birth Control Regs Hinder Religion, High Court Hears

    Trade groups, members of Congress and religious organizations are pressing the U.S. Supreme Court to strike down Washington state regulations requiring pharmacies to dispense birth control, including emergency contraception, calling them unnecessary and devoid of meaningful faith-based exceptions.

Expert Analysis

  • Plaintiffs Face High Class Cert. Bar In Antitrust Cases

    Olivia Jennings Adendorff

    In antitrust class actions in particular, plaintiffs routinely seek to demonstrate injury through statistical modeling based on highly averaged price data that infers classwide injury without direct proof. But in recent years, courts have been pushing back and refusing to certify classes if plaintiffs can't prove more than a hypothetical average class member was injured, says Olivia Jennings Adendorff of Gibson Dunn & Crutcher LLP.

  • The Rising Use Of Reference Pricing For Imported Goods

    Jini Koh

    The recent trend in countries, most recently Mexico, publicly acknowledging the use of reference pricing or similar mechanisms to impute a customs value on import transactions has become a growing point of discussion between industry and customs authorities within the World Trade Organization and World Customs Organization, says Jini Koh at Crowell & Moring LLP.

  • Re-Evaluating Calif.'s Emergency Drought Regulation

    Lori Anne Dolqueist

    Although California's newly implemented emergency drought regulation includes several opportunities for urban water suppliers to achieve reductions in the conservation mandates, there has been some concern that the extended regulation does not do enough to recognize the value of investments in drought-resilient water supplies and diverse water supply portfolio management, say attorneys at Nossaman LLP.

  • China's Hazardous Substances Restrictions: What To Know

    Richard Ferris_FoleyLardner.jpg

    Companies manufacturing electrical and electronic products, parts or other components in China need to pay close attention to the expanded regulatory scope of China's restriction of hazardous substances regulations, particularly in the next 12-24 months, says Richard Ferris at Foley & Lardner LLP.

  • Positive Developments For Affordable Housing In Calif.

    David P. Cohen

    In recent decades, California has built new housing at a slower rate than the rest of the country, but housing costs have grown faster than in the rest of the country. The lack of affordable housing has reached crisis levels — but recent developments have painted a brighter picture for affordable housing, say attorneys at Katten Muchin Rosenman LLP.

  • In Congress: Energy, Nutrition, North Korea

    Richard A. Hertling

    North Korea's successful rocket launch Sunday follows on the heels of its alleged hydrogen bomb test in January. House-passed legislation being considered in the Senate this week would impose stricter sanctions on the country. The bill also extends authority to the president to sanction individuals engaging in financial transactions to support any of North Korea’s illicit activities or cyberthreats, say Richard Hertling and Kaitlyn... (continued)

  • New FIRPTA Changes Are No Panacea

    H. Neal Sandford

    The new exemptions to the Foreign Investment in Real Property Tax Act will be helpful in certain circumstances and should encourage the flow of certain non-U.S. capital into U.S. real estate, but we doubt the changes will fundamentally alter how non-U.S. capital is invested in U.S. real estate, say attorneys with Goodwin Procter LLP.

  • FERC 'Seaway II' Order Is A Win For Oil Pipeline Industry

    Emily Pitlick Mallen

    The importance of the Federal Energy Regulatory Commission's recent decision regarding Seaway Crude Pipeline Company LLC extends beyond the purview of the Interstate Commerce Act's pipeline regulation. It provides some of the strongest words on FERC’s primacy over its administrative law judges' authority and sets an important precedent on ratemaking principles, say attorneys at Van Ness Feldman LLP.

  • Man Vs. Machine: The New Era Of Self-Driven Cars

    Kimberly L. Wald

    Although self-driven cars are a very new development, many different companies, like Google, Tesla and Nissan are scrambling to develop a foothold in this arena. Self-driving cars have already raised a host of legal issues, and states are already introducing new legislation to try and keep up with the fast pace of progress, says Kimberly Wald at Kelley Uustal PLC.

  • New Regulations Create Business Opportunities In Cuba

    Lori Scheetz

    Though hurdles remain, the fairly extensive list of goods that may be authorized for export to Cuba — thanks to recent changes in U.S. Bureau of Industry and Security regulations — combined with a shift from a general policy of denial to a general policy of approval and the fact that these sales may now be made to government entities, create new possibilities for U.S. companies seeking to enter the Cuban market, says Lori Scheetz a... (continued)