Public Policy

  • August 25, 2016

    Mylan's Changes To EpiPen Prices A 'PR Fix,' Senator Says

    Mylan NV on Thursday said it would be expanding its program to help customers pay for its epinephrine injector EpiPen, in a move U.S. Sen. Richard Blumenthal, D-Conn., and America's Health Insurance Plans called inadequate to address its more than 400 percent increase of the drug’s price over seven years.

  • August 25, 2016

    UK Proposals Aim New Sanctions At Offshore Tax Dodgers

    U.K. taxpayers with offshore accounts will be forced to report undeclared tax liabilities before September 2018 or pay up to three times the amount owed, according to new proposals unveiled by British customs authorities on Wednesday.

  • August 24, 2016

    IRS Debt-Equity Proposal May Cause State Tax Headaches

    International transactions that result in large debts, and associated tax advantages, between related entities may have been the impetus for the Internal Revenue Service’s proposal to recharacterize debt as equity, but experts say the rules could also create new tax compliance burdens at the state level for wholly domestic transactions.

  • August 24, 2016

    Wendy's Bun Maker Targeted Over EPA Violations

    The U.S. Environmental Protection Agency and the Illinois Environmental Protection Agency on Wednesday filed suit against East Balt Commissary, the maker of buns and bread that supply half of Wendy's chain restaurants, over the emission of dangerous levels of volatile organic compounds and failing emissions reports from 2003 to 2010.

  • August 24, 2016

    FCC Urged To Waive Cable Box Rule For Small Providers

    A small cable and Internet supplier in Missouri is urging the Federal Communications Commission to exempt smaller pay-TV providers from its broadband plan, claiming that encrypting its cable service in accordance with the rules would burden it with providing cable boxes to all of its TV customers.

  • August 24, 2016

    Fair Pay Rule Remains ‘Solution In Search Of Problem’

    The final version of the contentious Fair Pay and Safe Workplaces rule addresses only peripheral concerns raised by federal contractors, leaving behind massive costs and compliance burdens that may stymie competition in the federal contracting arena and hurt taxpayers.

  • August 24, 2016

    Developer Accuses NJ Town Of Environmental Land Grab

    The developer of a 52-home project in Parsippany-Troy Hills, New Jersey, has hit the township with a lawsuit in New Jersey state court over claims the municipality is unlawfully demanding that the company turn over about 118 acres of open space in a dispute over what the parties each consider “environmentally sensitive” land.

  • August 24, 2016

    Duty Evasion Rules Usher In New Customs Enforcement Era

    The unveiling of U.S. Customs and Border Protection’s new rules for challenging duty evasion schemes is a true game-changer for the agency’s enforcement regime, tasking attorneys for both petitioners and respondents with tackling a host of new deadlines and transparency questions.

  • August 24, 2016

    Clinton, AMA Join Backlash Against EpiPen Price Hikes

    Hillary Clinton, the American Medical Association and U.S. Sen. Richard Blumenthal, D-Conn., on Wednesday joined the chorus of outrage against Mylan NV for increasing the price of its epinephrine injector EpiPen from $100 in 2009 to at least $500 or $600 in 2016.

  • August 24, 2016

    Feds Update Hazardous Materials Commerce Regs

    The U.S. Department of Transportation has proposed new regulations for packaging and stowing certain hazardous materials during transport, updates that officials said Wednesday are intended to bring domestic rules in line with international standards.

  • August 24, 2016

    Mom's Citizenship Matters More Than Dad's, Justices Told

    Children born abroad during the 1960s to unmarried U.S. citizen mothers and noncitizen fathers are not “similarly situated” for U.S. citizenship purposes to kids born overseas to unmarried U.S. citizen fathers and noncitizen mothers, the federal government has told the U.S. Supreme Court.

  • August 24, 2016

    Enviros Ask 9th Circ. To Force New EPA Lead Paint Standards

    Environmental and community groups on Wednesday asked the Ninth Circuit to force the U.S. Environmental Protection Agency to update standards for neurotoxic lead-based paint and lead dust, claiming the EPA has taken too long to do so.

  • August 24, 2016

    Calif. Assembly Passes Private Equity Fee Transparency Bill

    The California State Assembly on Wednesday passed a bill mandating that private equity fund managers disclose their fees to public pension fund managers.

  • August 24, 2016

    Pa. Student Loan Agency Must Face FLSA Suit, Judge Rules

    Pennsylvania’s state student loan agency was denied Tuesday from asserting Eleventh Amendment immunity from an employees’ putative overtime wage class action, as a Pennsylvania federal judge ruled that the Fourth Circuit already decided the issue and found the agency is not an arm of the state.

  • August 24, 2016

    Calif. Legislature Delivers Climate Change Package To Gov.

    The California Legislature on Wednesday delivered the second half of a two-part climate change bill package, giving the body additional oversight of the powerful Air Resources Board and emphasizing direct regulation of facilities.

  • August 24, 2016

    Mayors Unite After Internet Autonomy Is Axed By 6th Circ.

    More than three dozen mayors and city leaders sent their “support and solidarity” Wednesday to colleagues in Tennessee and North Carolina who championed municipal broadband autonomy after a key policy adopted by the Federal Communications Commission was struck down by the Sixth Circuit.

  • August 24, 2016

    Charter The Latest Cable Co. To Pan FCC Biz Data Regs

    Charter Communications added its voice to the growing industry chorus crying foul over the Federal Communications Commission's proposed framework of new rules for high-bandwidth business internet services, calling on the agency to scrap the scheme Tuesday.

  • August 24, 2016

    6th Circ. Says Limit To Ky. Judges' Political Speech Too Broad

    The Sixth Circuit on Wednesday upheld a Kentucky court's finding that a state judicial conduct law barring the outright expression of a judge's political affiliation could not be enforced, agreeing that completely prohibiting judges and candidates from identifying politically violates the First Amendment.

  • August 24, 2016

    Juvenile Inmates Sue Fox Over 'Empire' Filming Lockdowns

    A pair of teens held in a Chicago juvenile detention center used to film episodes of the Fox show “Empire” filed a class action suit in Illinois federal court against the broadcaster and the county Wednesday, claiming they were kept from school and activities while the cameras rolled.

  • August 24, 2016

    2nd Circ. Won't Reconsider Ex-S&P Exec's SEC Challenge

    The Second Circuit on Tuesday refused to rehear an appeal from former Standard & Poor’s executive Barbara Duka, who is challenging the constitutionality of the U.S. Securities and Exchange Commission's in-house court.

Expert Analysis

  • SCOTUS Army Corps Case Will Impact EPA Clean Water Rule

    Kimberly L. Bick

    Even if the U.S. Environmental Agency's clean water rule survives all court challenges and becomes the law of the land, the U.S. Supreme Court's decision in U.S. Army Corps of Engineers v. Hawkes may impact the rule’s eventual implementation, because the Supreme Court's ruling would be applied to the category of waters in the rule known as “significant nexus” waters, says Kimberly Bick at Bick Law LLP.

  • How DOL's New Overtime Rules Will Impact Domestic Workers

    Kathleen Webb

    Changes to the U.S. Department of Labor's overtime rules rolling out over the next several months will increase the number of domestic workers in the United States who are eligible for overtime pay. Some critics say these new rules will actually make workers in this group more vulnerable, but overall the rules have been cast in a positive light by advocates for domestic workers, says Kathleen Webb, co-founder of HomeWork Solutions Inc.

  • Final Arbitrage Rules: The Good And Not-So-Good Changes

    Robert J. Eidnier

    Recently finalized arbitrage regulations make important beneficial changes to the working capital financing regulations proposed in 2013, but they also retain an unfortunate technicality that would result in a virtually random measure of issuers’ “available amounts,” says Robert Eidnier of Squire Patton Boggs LLP.

  • FTC Alums: Retail Mergers Reflect New Approaches At FTC

    Joshua D. Wright

    The Federal Trade Commission is poised to take the next step — perhaps the most significant one in its century-long history — in the evolution of its approach to merger enforcement. This evolution is apparent in the context of retail markets, as illustrated by FTC decision-making and analysis in the recent Safeway and Family Dollar transactions, say former FTC Commissioner Joshua Wright and Theodore Serra of Wilson Sonsini Goodrich & Rosati PC.

  • New FDA 'Generally Recognized As Safe' Rule: What To Know

    Matthew Hegreness

    The U.S. Food and Drug Administration recently published its final rule on substances generally recognized as safe for their intended use in food, formalizing the voluntary GRAS notification procedure under which industry has operated for years and imposing certain requirements for such notifications that were not in place previously, say attorneys at Covington & Burling LLP.

  • CMS Cracks Down On Nursing Home Social Media Abuse

    Caroline J. Berdzik

    Following recently issued guidance by the U.S. Centers for Medicare and Medicaid Services, long-term care facilities would be well advised to have robust policies, training and enforcement in place to prevent employees from misusing social media. And beyond that, there are some immediate action items skilled nursing facilities should implement as well, says Caroline Berdzik at Goldberg Segalla.

  • The Next Justice's Impact On The Indian Child Welfare Act

    Matthew L.M. Fletcher

    Since Justice Antonin Scalia's death, the remaining eight Supreme Court justices have been deadlocked on interpretations of the Indian Child Welfare Act. Professor Matthew Fletcher of Michigan State University College of Law discusses recent cases concerning adopted Indian children, and the legal battles the private adoption industry has been waging against adoption laws.

  • Looking For Balance In Principle-Based Reserving

    Frederick J. Pomerantz

    Life insurers need to be competitive and profitable in the 21st century. But they also need to remain solvent and be able to meet their financial obligations. Principle-based reserving — which is being implemented in many states — may strike the balance that the industry and regulators are striving for, say Frederick Pomerantz and Aaron Aisen of Goldberg Segalla LLP.

  • A Debt Collection Overhaul Is Upon Us

    Steven M. Kaplan

    The Consumer Financial Protection Bureau recently released an outline of proposals that offers some insight on its plans for issuing rules under the Fair Debt Collection Practices Act. The proposed rules would require significant changes to how industry participants collect on, buy, sell and place debts, and would have a significant impact on how consumers interact with debt collectors, say attorneys at Mayer Brown LLP.

  • From BigLaw To Your Own Firm: 4 Tips For Legal Startups

    Russell Shinsky

    Highly successful attorneys who are thinking about leaving the safe haven of a large law firm to go out on their own face a number of issues specific to the legal profession. Russell Shinsky, chairman of Anchin Block & Anchin LLP's law firms industry group, shares four pillars of a successful startup law firm.