Public Policy

  • August 26, 2016

    UNC Can't Enforce Bathroom Law Against ACLU Plaintiffs: Judge

    A North Carolina federal judge ruled Friday that the University of North Carolina cannot enforce a provision of the state's controversial bathroom law against three people suing over the policy, which requires transgender people to use bathrooms and locker rooms corresponding to the sex on their birth certificates.

  • August 26, 2016

    Calif.'s Strict Child Vaccination Law Stays In Effect For Now

    A California federal judge declined Friday to temporarily bar state law requiring all children to be vaccinated before going to school or day care regardless of personal beliefs, giving the state and its agencies an early victory in defending one of the toughest vaccination laws in the country.

  • August 26, 2016

    Rule For Foreign Startup Founders Seen As Helpful Stopgap

    A long-awaited rule that would allow immigrant startup founders to temporarily stay in the U.S. was largely greeted by attorneys Friday as a welcome stopgap since entrepreneurs have limited visa options, but its potential investment demands mean the program likely won’t be for everyone.

  • August 26, 2016

    Texas Housing Credit Policy Upheld After High Court Remand

    A Texas federal judge dismissed a nonprofit’s Fair Housing Act lawsuit against the state housing agency Friday, saying the complaint can’t identify a specific practice governing the allocation of tax credits for low-income housing that creates a racially disparate impact.

  • August 26, 2016

    Ill. High Court Shoots Down Redistricting Amendment

    Illinois' election authority certified the state's fall ballot on Friday without including the question of whether or not to ratify a popular proposed amendment regarding drawing the state's political boundaries after the Illinois Supreme Court found the amendment was unconstitutional.

  • August 26, 2016

    Fla. Court Says Town's Liens Stand Despite Foreclosure Suit

    A Florida appeals court has ruled that liens on a property recorded after the notice that a foreclosure suit had been filed are not extinguished by the foreclosure process, in a win for municipalities around the state dealing with unoccupied “zombie homes.”

  • August 26, 2016

    US Manufacturers Seek Results From India Trade Summit

    The National Association of Manufacturers said Friday it is hoping for concrete results in opening up trade from next week’s U.S.-India economic summit. 

  • August 26, 2016

    Conflict Minerals Audits Have No Standards, GAO Says

    U.S. efforts to halt the flow of “conflict minerals” from war-torn parts of central Africa are running three years behind schedule, with few companies certifying their products support no human rights abuses and with no official standards for what that entails, the U.S. Government Accountability Office reported Thursday.

  • August 26, 2016

    5 Things To Watch As Commercial Drone Rule Takes Off

    The Federal Aviation Administration's newly finalized regulations for the commercial use of small unmanned aircraft systems take effect Monday, providing operators with long-sought flexibility to fly drones for newsgathering, agricultural, land surveying, photography and other business purposes. Here are five things to keep an eye on.

  • August 26, 2016

    6th Circ. Judicial Elections Ruling Shores Up Partisan Trend

    A recent Sixth Circuit decision backing the right of Kentucky judicial candidates to promote their party affiliation is the latest to push states with traditionally nonpartisan election systems closer toward campaigns clearly divided between red and blue candidates, experts say, potentially discarding a key barrier between elected judges and traditional politics.

  • August 26, 2016

    Chamber Of Commerce Creates Antitrust Expert Group

    The U.S. Chamber of Commerce said Friday that it has commissioned a group of experts including law firm partners and antitrust and trade policy experts and tasked them with concocting new approaches to global antitrust policy.

  • August 26, 2016

    McConnell Says No Senate Vote On TPP In 2016

    Senate Majority Leader Mitch McConnell said on Friday that passage of the Trans-Pacific Partnership will be the next president’s problem, saying that the Senate will not vote on the treaty this year.

  • August 26, 2016

    Boxer Pushes EPA To Regulate Asbestos Under New TSCA

    The top Democrat on the Senate Environment and Public Works Committee on Friday asked the U.S. Environmental Protection Agency to make regulating asbestos a top priority as it implements the newly revised Toxic Substances Control Act.

  • August 26, 2016

    Texas Group Wants Out-Of-State Booze Sellers Dried Up

    A Texas trade group representing alcohol retailers has asked the U.S. Supreme Court to resurrect a long-dormant state law requiring a year of state residency before landing an alcohol sales permit, saying a recent Fifth Circuit decision is at odds with rulings from other circuits.

  • August 26, 2016

    Group Wants Out Of 'Irrational' ACA Birth Control Mandate

    Secular anti-abortion group Real Alternatives Inc., in its effort to overturn a court order and become exempt from providing health insurance covering contraception, told the Third Circuit on Thursday that the federal government has no rationale to impose the mandate on nonreligious organizations that ideologically oppose certain contraceptive items.

  • August 26, 2016

    Hackers Could Exploit Apple Security Flaws, Pol Warns

    A California congressman on Thursday called for a hearing to address security flaws in Apple’s iOS operating system, warning they could allow hackers and foreign governments to access a cellphone user’s location, passwords, text messages, emails, calls and contacts.

  • August 26, 2016

    IRS To Provide Guidance On Legality Of Stock Distributions

    The IRS issued guidance Friday saying that the agency will no longer refuse to provide letter rulings related to distributions carried out for corporate business purposes and transactions that may be deemed as simply a means to distribute earnings and profits.

  • August 26, 2016

    NHTSA Proposes Speed Limiter Rule For Heavy-Duty Trucks

    The National Highway Traffic Safety Administration and the Federal Motor Carrier Safety Administration on Friday officially put their support behind the implementation of technology to limit the driving speed of heavy-duty trucks and vehicles, saying the move could reduce accidents and yearly fuel costs by more than $1 billion.

  • August 26, 2016

    Amazon Says FCC Can ‘Blend’ Set-Top Plan With Alternative Inc. urged the Federal Communications Commission on Thursday to consider a plan that adopts the agency’s proposed rule to bring competition to TV set-top boxes but allows for an industry-backed, apps-based alternative as a “fallback.”

  • August 26, 2016

    Brexit Causes Massive Headache For TTIP Talks: Former USTR

    The uncertainty swirling around the United Kingdom’s decision to vacate the European Union has put the Transatlantic Trade and Investment Partnership negotiations in a bind as the White House contemplates the best course of action for the massive agreement, former U.S. Trade Representative Mickey Kantor told Law360.

Expert Analysis

  • Defining Attorney-Client Relationships In The Electronic Age

    Elizabeth Fitch

    As technology has advanced, the ways in which attorneys communicate with clients, potential clients, former clients and the public has created new and ill-defined issues relating to whether an attorney-client relationship exists. Attorneys Elizabeth Fitch and Theodore Schaer discuss the often nebulous yet hazardous concepts that could lead to malpractice issues.

  • Litigation Privilege And Good Faith Under California Law

    Joan M. Cotkin

    Understanding the intersection between litigation privilege and the obligation of good faith and fair dealing can be tricky. In California, there is substantial case and statutory law immunizing bad faith communications, but a small sliver of bad faith conduct may still be actionable, according to Joan Cotkin and Steven Knott of Nossaman LLP.

  • End-Of-Summer Recap For Government Contractors

    Daniel S. Koch

    It’s been a busy summer for government contractors, with a torrent of regulatory changes and even a U.S. Supreme Court decision interpreting small business regulations. There are six key developments that every government contractor should know about before charging into the fiscal year-end frenzy, says Daniel Koch of Miles & Stockbridge PC.

  • Clarity On The Term 'Reside' Is Good News For NY Landlords

    Brendan Fitzpatrick

    Time will tell whether the New York State Legislature will entertain Judge Eugene Fahey’s suggestion in his dissent in Yaniveth R. v. LTD Realty Co. For now, the New York Court of Appeals ruling reinforces a well-established understanding of the term “resides” in Local Law 1, say Brendan Fitzpatrick and Oliver Twaddell of Goldberg Segalla.

  • New Truck Emission Rules Offer Advantages And Obstacles

    Christopher D. Jensen

    A recent rule issued by the U.S. Environmental Protection Agency and the National Highway Traffic Safety Administration promises to significantly lower greenhouse gas emissions from medium- and heavy-duty vehicles and aims to achieve the possibility of significant cost savings for fleet owners and operators. However, the new rule will also pose some challenges for the trucking industry, says Christopher Jensen at Hanson Bridgett LLP.

  • Considerations When Invoking The Defend Trade Secrets Act

    Nicholas J. Boyle

    Prior to its enactment in May, many questioned the need for the Defend Trade Secrets Act of 2016. However, the DTSA is now law, and it is time to consider how the statute as enacted affects a trade secret owner’s litigation decisions, say Nicholas Boyle, Christopher Manning and Richard Olderman at Williams & Connolly LLP.

  • Fantasy Overwhelms The Transfer Tax

    Steven A. Horowitz

    The IRS recently proposed rules that are intended to prevent the undervaluation of transferred interests in corporations and partnerships for transfer tax purposes. However, these regulations are overreaching and decry the principles of economic reality used in business valuation, says Steven Horowitz of Horowitz & Rubenstein LLC.

  • 4 Reasons Law Firm Business Development Initiatives Fail

    Adam Donovan

    By understanding four common reasons why law firm business development initiatives fail, we can more accurately define success, avoid pitfalls, and improve return on investment, says Adam Donovan, senior manager of patent business strategy at Fish & Richardson PC.

  • What Happens When A State Runs Out Of Money?

    Joseph V. Kennedy

    A number of states, including Illinois, New Jersey and Ohio, could become insolvent in the next two decades. It is not too early for Congress and the next president to start planning. Both the Detroit and Puerto Rico bankruptcies were preceded by years of denial in the face of increasingly inevitable facts, says Joseph Kennedy, former chief economist for the U.S. Department of Commerce.

  • A Facelift For IP-Licensing Antitrust Guidelines

    William R. Vigdor

    The Federal Trade Commission and the U.S. Department of Justice recently announced that they are seeking public views on a set of proposed updates to the 1995 Antitrust Guidelines for the Licensing of Intellectual Property. The proposed guidelines may be most interesting for what they do not change, say attorneys with Vinson & Elkins LLP.