Public Policy

  • May 2, 2016

    DHS Says DC Circ. Lacks Jurisdiction Over OPT Row

    The U.S. Department of Homeland Security told the D.C. Circuit on Monday that it doesn’t have jurisdiction over a case regarding optional practical training for foreign students, arguing that a partial judgment ruling in the case didn't count as a final decision.

  • May 2, 2016

    Texas Justices Give Cities Back-Seat Role On Emissions

    The Texas Supreme Court’s Friday decision to invalidate part of Houston’s air pollution control ordinance doesn’t completely cut out cities from monitoring compliance with emissions standards, but it does leave state regulators firmly in the driver’s seat when it comes to cracking down on alleged violators.

  • May 2, 2016

    DC Circ. Due Process Ruling Puts Amtrak Priority In Jeopardy

    The D.C. Circuit's rejection of a federal law giving Amtrak power to regulate freight railroads that compete with it for track use sets up what experts say will be another drawn-out legal fight headed for the U.S. Supreme Court, and one that could jeopardize Amtrak's long-held priority status.

  • May 2, 2016

    EPA Urges Judge To Toss Murray Coal Jobs Suit Before Trial

    The U.S. Environmental Protection Agency on Monday urged a West Virginia federal judge to toss Murray Energy’s lawsuit accusing the agency of shirking its duty to study the effects of air pollution regulations on jobs, saying there’s no need to proceed to a trial scheduled for July.

  • May 2, 2016

    Poll: Ohioans Want Garland Hearing

    A substantial majority of Ohio voters believe the Senate should hold hearings for U.S. Supreme Court nominee Merrick B. Garland, according to a new poll released Monday, possible signs of trouble for Sen. Rob Portman, an Ohio Republican up for reelection this fall who has supported his party’s block of Garland.

  • May 2, 2016

    Feds OK With Some Discovery In Arapaho-Shoshone Row

    The federal government told a Montana district court Monday it wasn’t entirely opposed to allowing the Northern Arapaho tribe to take some jurisdictional discovery in its suit alleging the Bureau of Indian Affairs wrongly gave the Eastern Shoshone tribe its blessing to take control of programs regulating joint tribal land.

  • May 2, 2016

    CFPB Proposal Could Snuff Out Arbitration Even Without Ban

    The Consumer Financial Protection Bureau is not expected to outright ban arbitration requirements in consumer finance contracts when it releases a hotly anticipated proposal later this week, but the watchdog's actions could ultimately have that effect, experts say.

  • May 2, 2016

    White House Pushes Ch. 9 As Puerto Rico Skips Payments

    The White House on Monday pressured Republicans in Congress to pass proposed legislation that would allow Puerto Rico to restructure its debt through a court-supervised bankruptcy, after the island’s government announced it would skip nearly $370 million in bond payments.

  • May 2, 2016

    Puerto Rico Asks 1st Circ. To Revive Alternative Biz Tax

    Puerto Rico told the First Circuit on Friday that a district court made several errors when barring the commonwealth from collecting an alternative corporate income tax from a Wal-Mart subsidiary, including by accepting jurisdiction for the suit.

  • May 2, 2016

    Alaska Telecom Lobbies FCC On Rural Subsidy Plans

    An Alaskan telecommunications company on Friday urged the Federal Communications Commission to move forward with a framework for boosting broadband in rural areas of Alaska to maintain a high level of support for carriers, but cautioned that the FCC must ensure that any funding is used properly to connect Alaskans.

  • May 2, 2016

    EPA Aircraft Emissions Rules Far From Takeoff Despite Suit

    Environmentalists fed up with the pace of the U.S. Environmental Protection Agency’s efforts to regulate greenhouse gas emissions from airplanes recently sued to spur the agency along, but the EPA’s involvement in an ongoing international standard-setting process makes it unlikely the lawsuit will bring about change more quickly, experts say.

  • May 2, 2016

    High Court Won't Hear Fla. Apartment's Takings Suit

    The U.S. Supreme Court declined Monday to revive a Florida apartment complex’s class action challenge to a state law that allowed the government to keep most of the interest on funds the county court held during eminent domain proceedings.

  • May 2, 2016

    Christie Guts Gender Wage Gap Bill

    New Jersey Gov. Chris Christie on Monday conditionally vetoed a bill that would close the wage gap between men and women, objecting chiefly to a provision he said leaves unchecked the amount of back pay an employee can recoup through a discrimination lawsuit.

  • May 2, 2016

    Texas Gets Extension On $3.7B Medicaid Waivers

    The Centers for Medicare and Medicaid Services on Monday granted Texas a 15-month extension on waivers for two $3.1 billion programs, largely funded by the federal government, meant to expand access to health care.

  • May 2, 2016

    Gov. Christie Vetoes Latest Offshore Wind Farm Bill

    New Jersey Gov. Chris Christie on Monday vetoed another round of legislation that would have paved the way for the state's first offshore wind farm, saying the bill seeks to usurp the Board of Public Utilities’ authority by forcing it to receive development applications under the Offshore Wind Economic Development Act.

  • May 2, 2016

    Oregon, Allies Ask 9th Circ. To OK Clean Fuel Regs

    The California Air Resources Board, the state of Washington and several environmental groups stood alongside the state of Oregon on Friday, asking the Ninth Circuit to affirm the legality of Oregon's low-carbon fuel standards.

  • May 2, 2016

    CFTC Approves Amendment To Post-Trade Swap Rules

    The U.S. Commodities Futures Trading Commission approved changes to the information swap dealers and other major swap participants must disclose to counterparties in transactions as part of post-trade due diligence, the agency said Monday in a statement.

  • May 2, 2016

    Sen. Wants FTC Probe Of Shopper-Tracking Billboards

    Sen. Chuck Schumer pressed the U.S. Federal Trade Commission Sunday to look into the use of cellphone-tracking billboard technology that he warned could allow companies to spy on consumers without proper notice, potentially amounting to a deceptive trade practice.

  • May 2, 2016

    FCC Official Says Privacy Plan Won’t Stifle ISP Marketing

    A Federal Communications Commission official on Monday slammed industry claims that new opt-in requirements for Internet service providers sharing consumer data would prevent ISPs from marketing new products, arguing the agency's privacy proposal simply creates a regime based on customer control.

  • May 2, 2016

    DraftKings, FanDuel Stop Games In Ala. And Idaho

    Daily fantasy sports operators DraftKings and FanDuel will stop offering contests for users in Alabama and Idaho, following agreements with the attorneys general of both states, who said the games constitute illegal gambling under current state laws.

Expert Analysis

  • Gig Economy: Changes We Need And Changes We Don't Need

    Joseph V. Kennedy

    Many public officials believe that the sharing economy poses novel dangers that require new government powers. This approach is mistaken. Existing regulations give regulators all the authority they need. In some cases, however, existing law needs to be updated — especially labor law, says Joseph Kennedy, a senior fellow with the Information Technology and Innovation Foundation and former chief economist for the U.S. Department of Commerce.

  • 3 Ways Cybersecurity Law In China Is About To Change

    Timothy Stratford

    China’s draft cybersecurity law — which the government is aiming to enact later this year — could have long-lasting impacts on multinationals in the areas of data localization, cross-border data transfer, and security reviews of network products and services, say Timothy Stratford and Yan Luo of Covington & Burling LLP.

  • Libel Law Under President Trump

    Michael Walsh

    As a presidential candidate, Donald Trump has promised to “open up” libel laws to make it easier to sue for monetary damages. While there is little a president could accomplish without congressional support, given his long interest in this issue, Trump would presumably explore ways to modify the First Amendment or related U.S. Supreme Court decisions, says Michael Walsh of Sedgwick LLP.

  • Forced Labor Loophole Closed, Fashion Brands Beware

    Elizabeth G. Kurpis

    The recent abolishment of the “consumptive demand” exemption in the Tariff Act of 1930 has made it harder for companies to import goods that may have been made with forced labor — which raises unique considerations for the fashion industry, says Elizabeth Kurpis at Mintz Levin Cohn Ferris Glovsky & Popeo PC.

  • Planning Defense M&A After Recent Gov't Guidance: Part 1

    Jeffrey P. Bialos

    A series of unusual statements issued by the U.S government in recent months on consolidation in the defense industry has senior executives talking. This two-part analysis by Jeffrey Bialos, a partner at Sutherland Asbill & Brennan LLP and former deputy undersecretary of defense for industrial affairs, evaluates the recent statements and their implications for defense firms.

  • A Smarter Approach To Renewable Energy Reliance In Calif.

    Jeffrey D. Dintzer

    Pressure from nongovernmental organizations to close the storage facility at Porter Ranch in California is just one example of a concerted effort to damage the state's oil and gas businesses. Instead of badgering the industry, environmental groups should focus on lobbying for legislation to streamline the permitting process for renewable energy projects, say Jeffrey Dintzer and Dione Garlick at Gibson Dunn & Crutcher LLP.

  • Developments At The NAIC Spring Meeting: Part 3

    Thomas M. Kelly

    In the last part of a three-part series highlighting some of the developments from the National Association of Insurance Commissioners' spring meeting, attorneys at Debevoise and Plimpton LLP discuss long-term care and health insurers, receivership and insolvency, the financial stability task force and valuations of the securities task force.

  • OPINION: Engaging The Media May Help Your Client

    Liz Mair

    While I am confident that the decisions in Windsor and Obergefell were made on the basis of the dictates of the Constitution, I am also confident that the communications efforts undertaken gave the justices additional comfort to make the right call, and ensured that these decisions were not treated as a Roe v. Wade redux, says Liz Mair, former online communications director for the Republican National Committee and president of Mair Strategies.

  • Public Trust Doctrine Suit Could Clear Procedural Hurdles

    Lauren Sidner

    An Oregon magistrate judge's findings and recommendation in Kelsey Cascade Rose Juliana v. U.S. has the potential to allow this controversial climate change suit to overcome jurisdictional challenges. If the judge's recommendations are eventually adopted, the case could have a major impact on the trajectory of climate litigation going forward, say Lauren Sidner and George Wilkinson at Vinson & Elkins LLP.

  • Obama Immigration Case: Interpreting The Oral Arguments

    Sujata Ajmera

    While the U.S. Supreme Court has indicated there is some hope for a final resolution over the Obama administration's immigration action, in reality, the chances of a decision one way or another on all of the issues presented is unlikely, and we will likely have a new president and different Congress when we get the final word on the validity of the policy at issue, says Sujata Ajmera at Strasburger & Price LLP.