Public Policy

  • December 1, 2015

    Treasury Official Says EU Tax Investigations Strain US Ties

    An official from the U.S. Department of the Treasury on Tuesday criticized the European Union’s state aid investigations into the tax deals EU countries have made with American multinational companies, saying they are damaging U.S. relations with those countries.

  • December 1, 2015

    NY To Force Execs To Sign Off On Terror Funding Prevention

    New York state may soon require top executives at financial firms to certify that their institutions are in compliance with the state’s strict anti-money laundering rules under a proposal released Tuesday aimed at further cracking down on terror financing.

  • November 30, 2015

    Pa. City Officials Plead Guilty In Separate Graft Schemes

    Two public officials in the Pennsylvania cities of Allentown and Reading pled guilty Monday to conspiracy charges stemming from municipal pay-to-play schemes, the U.S. attorney's office announced, releasing criminal indictments that implicate elected officials in both cities of playing active roles in the schemes.

  • November 30, 2015

    DHS Knocks Citation Of Exec. Action Ruling In H-4 Visa Suit

    The U.S. Department of Homeland Security blasted a claim by a computer worker group that the Fifth Circuit’s recent ruling against the president’s immigration actions helps its case against a rule allowing H-4 visa holders to work, telling a D.C. federal court on Wednesday that the cases address different questions.

  • November 30, 2015

    Feds Seek Quick End To Fracking Rule Suit, Oppose Stay

    The U.S. Bureau of Land Management urged a Wyoming federal judge Monday to quickly resolve a suit challenging its fracking rules for federal and tribal land, but if not, to keep the case moving while environmental groups separately pursue an appeal of his preliminary order blocking the rules.

  • November 30, 2015

    CMS Doubles Down On $220M Hospital Pay Cut

    Responding to a court order, the Centers for Medicare and Medicaid Services on Monday defended a $220 million hospital pay cut to offset rising inpatient admissions, and the agency hinted that an even larger cut may be appropriate.

  • November 30, 2015

    E-Cig Group Wants More Products Spared From FDA Rules

    An industry group representing manufacturers of e-cigarettes sought Monday to limit the impact of the U.S. Food and Drug Administration's so-called deeming regulations requiring stricter warnings on novel smoking products to newly introduced products.

  • November 30, 2015

    Fed Keeps Flexibility Despite New Bailout Limits

    The Federal Reserve tightened up its rule eliminating its bailout powers for individual firms in response to pressure from lawmakers, but the failure to set a tough penalty rate for emergency loans still gives the agency too much flexibility to engineer a bailout, critics say.

  • November 30, 2015

    11th Circ. Says Ala. Enviros Can't Appeal Interim EPA Finding

    The Eleventh Circuit on Monday dismissed an appeal filed by a group of Alabama environmental organizations against the U.S. Environmental Protection Agency over an interim decision allowing the state to continue administering a federal pollution program, saying it lacks jurisdiction because the EPA has yet to make a final determination.

  • November 30, 2015

    Arbitrator Questions EU's Investment Court Plan For TTIP

    The European Union’s proposal for a standing investment court system in the Transatlantic Trade and Investment Partnership came under fire recently from the “trenches” of international arbitration, facing claims of “rushed political appeasement” from a high-profile arbitrator.

  • November 30, 2015

    9th Circ. Upholds Right To 1-Year Notice Of Section 8 Cuts

    Section 8 recipients have a property right in knowing their benefits won’t be cut without being notified a year in advance, the Ninth Circuit said Monday, ordering a lower court to grant a proposed class of low-income Los Angeles residents a win in their case against the city’s housing authority.

  • November 30, 2015

    Truckers Seek Transparency On Rhode Island Toll Plan

    A trucking group on Monday formally petitioned the Rhode Island Department of Transportation to hand over information behind Gov. Gina Raimondo’s $1 billion plan to fund infrastructure and bridge repair projects by slapping tolls on large commercial trucks rolling through the state.

  • November 30, 2015

    US To Boost Security Measures For Visa Waiver Program

    The White House said Monday it is increasing security measures for the visa waiver program, which permits citizens from 38 countries to travel to the U.S. without visas, through steps that include helping the Department of Homeland Security obtain information on any past travel by applicants to countries considered terrorist safe havens.

  • November 30, 2015

    House Votes To Formally Establish DHS Cybercrime Institute

    The U.S. House of Representatives passed legislation Monday formally authorizing a U.S. Department of Homeland Security institute to train and equip law enforcement and prosecutors to investigate and prevent fraud, intellectual property theft and other cybercrime and share related information.

  • November 30, 2015

    High Court Won't Hear Fee Dispute In Texas Redistricting Case

    The U.S. Supreme Court on Monday declined to review the Fifth Circuit’s decision to strike $360,000 in attorneys’ fees awarded to challengers of a Texas voter redistricting plan, keeping intact a finding that neither side won the case despite the challengers securing a preliminary injunction.

  • November 30, 2015

    SEC Names New Associate Director In Int'l Affairs Office

    The U.S. Securities and Exchange Commission has named a new associate director in the Office of International Affairs, announcing Monday that it has tapped a 10-year agency veteran to lead SEC policy on international regulatory matters.

  • November 30, 2015

    Clinton Proposes $275B For Transportation Infrastructure

    Presidential candidate Hillary Clinton on Monday proposed an ambitious five-year plan to rehabilitate and modernize the nation’s aging and overburdened transportation infrastructure, carving out $275 billion for investments in roads, bridges, tunnels and ports that would be paid for through business tax reform.

  • November 30, 2015

    Quinn Emanuel-Aided Audit May Spur Congressional Curbs

    With a Washington federal judge's reluctant endorsement of an unprecedented collaboration between Quinn Emanuel Urquhart & Sullivan LLP and the Internal Revenue Service in an investigation of Microsoft Corp.’s transfer pricing practices, lawmakers could be pushed to prohibit private law firm participation in agency examinations.

  • November 30, 2015

    IMF Approves China's Currency For Global Reserves

    The International Monetary Fund’s executive board announced Monday that the Chinese renminbi will become the fifth currency to be included in the organization’s international reserve asset that supplements member countries’ official reserves.

  • November 30, 2015

    EPA Boosts Renewable Fuel Standards

    The U.S. Environmental Protection Agency on Monday finalized an increase in the volume of renewable fuel available in the United States, saying the move would support the growth of the biofuels industry.

Expert Analysis

  • A Close Look At The Latest Anti-Inversion Guidance

    Todd F. Maynes

    New guidance from the Treasury and the IRS on inversion transactions expands upon and, in certain instances, modifies prior guidance released last year, but also adds a few new unexpected hurdles of its own. One of the most surprising aspects of the latest notice is that it does not include any new guidance on so-called “earnings stripping” transactions, say attorneys with Kirkland & Ellis LLP.

  • Hazy Definition Of Pot Edibles Creates Regulatory Void

    Troy D. McMahan

    In California there are no rules or regulations governing the production and sale of medicinal cannabis and it is unclear whether edible cannabis products, like chewing gum and brownies, will be governed by existing food safety laws, says Troy McMahan at Sedgwick LLP.

  • Making The Most Of Document Analytics

    Rand Ghayad

    Recent case law reflects a clear progression toward judicial acceptance of document analytics. In this article, principals at The Brattle Group Inc. and the leader of Reed Smith LLP's records and e-discovery group summarize court opinions on the superiority of using predictive coding over keyword searches and provide an illustration of how a closely related method, topic modeling, can be used in document-intensive investigations.

  • The New Federal Rules: What Patent Litigators Need To Know

    David M. Conca

    The 2015 amendments to the Federal Rules of Civil Procedure took effect Tuesday and significantly change the discovery rules. In this article, attorneys with Paul Hastings LLP explain the changes and their impact on patent litigation.

  • A Host Of Rule Changes In NY Commercial Division

    William Gyves

    Business litigators awoke Tuesday to new rules affecting the nuts and bolts of practice in the Commercial Division of New York State Supreme Court, from jurisdictional requirements and motion practice to discovery and trials. And since the Commercial Division is arguably the nation’s most influential specialized business court, other business courts across the country soon may follow, says William Gyves of Kelley Drye & Warren LLP.

  • A New Paradigm For Prescription Drug Labeling?


    The drug industry is anxiously awaiting new regulations from the U.S. Food and Drug Administration that could dramatically alter drug labeling in the U.S. and level the playing field for both generic and brand-name drug companies — but there is a sharp disagreement within the industry on what the FDA should do, say attorneys at Duane Morris LLP.

  • NDAA Changes Cybersecurity Rules For Defense Contractors

    Alexander K. Haas

    Tucked away in Section 1641 of the 2016 National Defense Authorization Act are a set of cyber liability protections for the defense industrial base that have become law with little fanfare. Significantly, this comes at a time when Congress is attempting to resolve differences between broader cybersecurity legislation with some similar features, say Alexander Haas and John Drennan of King & Spalding LLP.

  • How Trial Counsel Can Take Advantage Of New Federal Rules

    Mark E. Tully

    Will the amendments to the Federal Rules of Civil Procedure actually help streamline cases, reduce discovery costs and improve case management? That is certainly the hope, although the key will be how well judges and counsel take advantage of early case assessment and management techniques, say Mark Tully and Michelle Briggs of Goodwin Procter LLP.

  • In Congress: Much To Be Done Before Dec. 11

    Richard A. Hertling

    The real legislative fireworks begin on Tuesday, when the Senate is likely to turn its attention to the budget reconciliation bill. Because of special rules established in the Budget Control Act, a budget reconciliation is not subject to a filibuster and therefore only needs 51 votes to pass the Senate, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.

  • How China Now Enforces Its Environmental Protection Law

    Michael W. Vella

    The Environmental Protection Law of the People’s Republic of China was promulgated over 25 years ago. But only recently have substantive amendments, combined with public awareness and government leadership, provided reason to hope that the law can serve its mission to protect China’s environment, say Michael Vella and Lillian He of Jones Day.