The Supreme Court’s headline-making term is far from over as the justices return this week for a politically charged case over California’s abortion disclosure law and a dispute that could result in more lawsuits against Native American tribes.
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Up Next At High Court: Calif. Abortion Law, Tribal Immunity

The Supreme Court’s headline-making term is far from over as the justices return this week for a politically charged case over California’s abortion disclosure law and a dispute that could result in more lawsuits against Native American tribes. Read more »


DC Circ. Delivers Relief, But Not Clarity, With TCPA Ruling

The D.C. Circuit on Friday eased some of the exposure that companies have faced since the Federal Communications Commission expanded the scope of the Telephone Consumer Protection Act in 2015, but the resulting lack of bright lines for liability ensures that the crush of legal fights under the statute are far from over, attorneys say. Read more »

DC Circ. Partly Strikes Down FCC's TCPA Expansion

The D.C. Circuit in a long-awaited ruling Friday narrowed a 2015 Federal Communications Commission order that expanded the scope of the Telephone Consumer Protection Act, striking down the commission's definition of autodialer and strict conditions for calling reassigned numbers while upholding consumers' broad leeway to revoke consent. Read more »


Test Of Percoco Verdict Will Shape Corruption Law

New York Gov. Andrew Cuomo’s former aide Joseph Percoco took a blow recently in one of the first trials to produce a bribery conviction post-McDonnell, but its impact on public corruption cases will depend on whether such jury verdicts can pass muster before more discerning appeals courts. Read more »


Garden State Pot Biz Possibilities Have Firms Seeing Green

The potential expansion of New Jersey’s marijuana marketplace would create more business for law firms across several practice areas and encourage those shops to grow or restructure their rosters to better represent clients in the industry, from growers to investors, according to attorneys eyeing such work. Read more »


House Passes Bill Raising Reg A+ Offering Limit To $75M

The House of Representatives on Thursday passed a bill that increases the limit of so-called Reg A+ offerings to $75 million, potentially broadening the appeal of an exemption that allows companies to raise capital short of conducting a full-blown initial public offering. Read more »


DC Circ. Shuts Down Part Of EPA Boiler Rule

The D.C. Circuit on Friday said the U.S. Environmental Protection Agency did not adequately justify its decision to raise allowable carbon monoxide emission levels from industrial boilers, a win for environmentalists that challenged the move. Read more »

FERC Pursues Utility, Pipeline Rate Changes Amid Tax Cuts

The Federal Energy Regulatory Commission on Thursday said it is taking action to make sure that proper adjustments are being made in the electric and energy sectors to ensure rates are fair in the wake of the tax reform measure that Republicans passed last year. Read more »

Enviros Demand Feds Designate Humpback Critical Habitat

A coalition of Native-led and environmental organizations filed suit Thursday against the National Marine Fisheries Service, alleging it has not acted quickly enough to designate critical habitat to protect three distinct populations of humpback whales that are endangered or threatened. Read more »

Trade Group Says EPA's Delay Of Rules Boosts Safety

Opponents of a risk management rule for chemicals on Friday urged a D.C. Circuit panel to quash an effort by environmental groups to force the U.S. Environmental Protection Agency to implement the Obama-era regulations, saying the rules could threaten national security. Read more »




Maryland House Passes Bill To Put Sports Betting On Ballot

An overwhelming majority of members of the Maryland House of Delegates on Thursday passed legislation that could let voters weigh in on whether the state should legalize sports betting at its racetracks and casinos. Read more »


Vehicle Safety, 5G Futures Hinge On DOT, FCC Moves: Panel

A leaderless Department of Transportation's indecision on the future of a vehicle safety regulation has left not only carmakers but the wireless industry and Federal Communications Commission in limbo, some on a panel hosted by New America’s Open Technology Institute suggested Friday. Read more »





DOL Direction Sought After Fiduciary Rule Nixed By 5th Circ.

A Fifth Circuit ruling vacating the U.S. Department of Labor’s fiduciary rule for retirement account advisers has created confusion across a broad swath of the U.S. investment landscape that will only be resolved once the DOL decides whether to drop the case or pursue it on appeal, legal experts said Friday. Read more »

Title VII, NYC Law Differ On Damages, 2nd Circ. Says

The Second Circuit held Friday that Title VII’s standard for assessing punitive damages does not apply to workplace discrimination claims brought under the more liberal New York City Human Rights Law, saying a lower court incorrectly used the federal standard in a pregnancy discrimination case. Read more »

6th Circ. Won't Revive TVA Retirees' Reduced Benefits Case

The Sixth Circuit on Friday rejected a bid by beneficiaries of the Tennessee Valley Authority and its retirement system to revive a suit alleging plan administrators made improper changes to a defined benefits plan, saying in part that administrators gave adequate notice of benefit cuts. Read more »


UK Antitrust Watchdog Taps 2 For Top Roles

The United Kingdom’s competition watchdog has announced two senior leadership appointments: a new executive director for markets and mergers and a new senior director for consumer protection. Read more »

End Legal Monopoly With Antitrust Review, Law Prof Says

The current system of regulating the legal profession in the United States has created a monopoly that drives prices up and leaves too many people without a lawyer, according to one law professor who suggests that subjecting the sector to federal antitrust law may be the way forward. Read more »








Foil Duties Get Green Light, Fueling US-China WTO Battle

The Trump administration is set to impose steep tariffs on Chinese aluminum foil following a final vote by the U.S. International Trade Commission Thursday, deepening the fault lines in a simmering high-stakes World Trade Organization standoff with Beijing. Read more »


Second Round Of Tax Cuts In Early Discussions, Brady Says

Discussions on enacting a second round of tax cuts following the legislation passed in December are in the early stages and involve proposals to make individual tax cuts permanent, House Ways and Means Committee Chairman Kevin Brady, R-Texas, said Friday. Read more »

OECD's Interim Digital Taxation Report Has Few Answers

The Organization for Economic Cooperation and Development’s highly anticipated interim report on taxation in the digital economy, released Friday, delivered few answers, admitting a wide gulf between countries on the vexing issues of how to track and tax value in an online, cloud-based economy. Read more »


Not All Dutch Anti-Avoidance Rules Needed, Specialists Say

The Netherlands’ plan to introduce a withholding tax on interest and royalty payments made to blacklisted jurisdictions signals the country’s attempt to bolster its reputation, but practitioners say this and other anti-avoidance measures could be unnecessary when looked at with international policies. Read more »


Surging Tax Receipts, Polls Lure States Into Pot Debate

One of the few things growing faster than tax receipts from legalized marijuana, experts say, is the breadth of state legislation currently being considered that would allow the adult recreational use of cannabis. Read more »

Minn. Begins Federal Tax Conformity Fight With Gov.'s Plan

Minnesota Gov. Mark Dayton on Friday proposed significant changes to the state’s tax regime, including switching its starting point for taxation from federal taxable income to federal adjusted gross income, as he announced his plan for conforming to the Tax Cuts and Jobs Act, P.L. 115-97. Read more »




Texas Sanctuary City Lawsuit Unlikely To Find New Life

A Fifth Circuit ruling upholding the constitutionality of most of a Texas state law aimed at barring so-called sanctuary cities is different enough from other litigation percolating through federal courts that it’s an unlikely candidate for U.S. Supreme Court review, experts say. Read more »


Tribal Groups Blast FCC Plan To Ease Wireless Buildout

Two tribal groups hinted at potential legal action in comments filed Thursday with the Federal Communications Commission that blasted its proposal to roll back environmental and historic site reviews for small wireless infrastructure deployment in the race to roll out 5G services. Read more »

Conn. AG Supports Casino Bill Canceling Deal With Tribes

Connecticut Attorney General George Jepsen on Thursday backed a state house bill that would allow for bids on a new casino, possibly in Bridgeport, while also canceling 2017 legislation authorizing two federally recognized tribes to operate a casino in East Windsor. Read more »


FCC Rejects Spectrum Aggregator's License Renewal Bid

The Federal Communications Commission has denied an "internet of things" wireless network provider a chance to renew 15 of its 16 spectrum licenses, finding that the company hadn't used most of them before they expired. Read more »

Chicago Pol Says No Evidence Supporting Bribery Charges

A Chicago alderman accused of accepting bribes asked an Illinois federal judge to dismiss some of the charges Friday, arguing that the government’s witnesses have not established the payments were bribes or extortion. Read more »


2nd Circ. Case Doesn’t Clear Kelly In GWB Scandal, Say Feds

Prosecutors on Thursday blasted the defense argument that a recent Second Circuit opinion dealing with a convicted sex offender supports a former public official's claims that she did not violate residents' civil rights to travel freely by allegedly causing gridlock near the George Washington Bridge in a political revenge scheme. Read more »

Sessions Fires FBI's Former No. 2 Just Before Retirement

Attorney General Jeff Sessions fired former FBI Deputy Director Andrew McCabe late Friday night, roughly a day before McCabe was set to retire, because he said an internal report found the longtime Trump target made an unauthorized disclosure to the news media and lacked candor under oath multiple times. Read more »



A Chat With Littler Info Chief Durgesh Sharma

In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, chief information officer at Littler Mendelson PC. Read more »


Tax-Exempt Organization Restructurings Made Easier

The IRS recently issued Revenue Procedure 2018-15, easing rules for restructuring tax-exempt organizations. Such organizations will no longer be required to file a new exemption application provided the reorganized entity meets certain criteria, say Matthew Elkin and Shira Helstrom of Morgan Lewis & Bockius LLP. Read more »

How The Export Control Reform Act Would Impact Companies

Last month, U.S. House of Representatives Foreign Affairs Committee Chairman Ed Royce, R-Calif., introduced the Export Control Reform Act of 2018, which could have a significant impact on restricting access to U.S. technology, even within the U.S. Companies should be aware that the act would increase compliance complexity and heighten enforcement risk, say attorneys with Kirkland & Ellis LLP. Read more »

Tax Planning In The Age Of Tax Reform: Part 3

A number of provisions in the Tax Cuts and Jobs Act require further guidance or technical correction. To ensure that their implementation can withstand subsequent scrutiny, companies should fully document their processes, their analyses and their support for technical positions taken, say attorneys with Eversheds Sutherland LLP. Read more »


Ashurst Bonus Shake-Up Stands To Impact Gender Pay Gap

U.K.-based multinational law firm Ashurst LLP on Friday announced that it plans to begin offering bonuses to its nonmanagerial office staff, a move that will likely ameliorate the law firm's gender pay gap. Read more »

Ore. Judge Suspended For 'Screen' Of Gay Marriage Couples

Oregon's highest court on Thursday suspended for three years without pay a judge who instituted a "screen" on gay couples trying to get married in his court and also allowed a convicted felon to handle loaded guns in his presence.  Read more »

GC Cheat Sheet: The Hottest Corporate News Of The Week

Civil and criminal charges​ were filed against a former Equifax executive accused of selling off shares before the public was informed of the company’s data breach, ​business groups collectively pushed for legislation that will slash tariffs on hundreds of products,​ and new data from the Bureau of Labor Statistics shows the legal services sector is far from getting back to the record high employment levels reached in the mid-2000s. These are some of the stories in corporate legal news you may have missed in the past week.​ Read more »


Law360's Pro Say: A New Legal Weapon In The #MeToo Battle

On the latest episode of Law360's Pro Say podcast, we discuss how a novel legal approach may place new liability on sex abuse enablers; the White House squashing a proposed $117 billion takeover of chipmaker Qualcomm by a foreign company; the largest agricultural litigation settlement in U.S. history; and a judge who used Shakespeare to write a spirited ruling in a dispute over wine. Read more »

In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week. Read more »

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Ashurst LLP

Bird & Bird

Bock Hatch

Brach Eichler

Bradley Arant

Branstetter Stranch

Cole Schotz

Connell Foley

Covington & Burling

Cozen O'Connor


Dorsey & Whitney

Drummond Woodsum

Duane Morris

Dykema Gossett PLLC


Eversheds Sutherland


Fisher Phillips

Fox Rothschild


Gibson Dunn

Greenberg Traurig

Groom Law Group

Grunfeld Desiderio

Harris Wiltshire

Hart Wagner

Hogan Lovells

Hunton & Williams

Jaszczuk PC

Jones Day

Kelley Drye

Kilpatrick Townsend

Kirkland & Ellis

Klasko Immigration Law Partners

Littler Mendelson

Manatt Phelps

Morgan Lewis

Mowry & Grimson

Nixon Peabody

Norton Rose Fulbright

Paul Hastings

Pepper Hamilton

Perkins Coie

Reed Smith

Riker Danzig

Ropes & Gray

Samuels Yoelin

Schulte Roth

Sheppard Mullin

Sidley Austin

Simmons & Simmons

Snell & Wilmer

Squire Patton Boggs

Sterne Kessler

Vinson & Elkins

Whitmyer IP Group

Wiley Rein

Wilson Sonsini

Wolf Greenfield

Yetter Coleman


21st Century Fox Inc.

Alliance Defending Freedom Inc.

American Bar Association

American Civil Liberties Union

American Immigration Lawyers Association

Broadcom Ltd.

Center for Biological Diversity Inc.

Cisco Systems Inc.

Colliers International Property Consultants

Competitive Enterprise Institute

Competitive Power Ventures Holdings LLC

Consumer Federation of America

Consumer Reports

Equifax Inc.

General Electric Company

Google Inc.

HBR Consulting LLC

Hitachi Consulting Corp.

Instagram Inc.

Kirkland's, Inc.

Lambda Legal Defense & Educational Fund

Lattice Semiconductor Corporation

MGM Grand Hotel LLC

MGM Resorts International

Major League Baseball Inc.

Major Lindsey & Africa

Microsoft Corporation

Mohegan Sun

NFL Enterprises LLC

National Association of Manufacturers

National Basketball Association

National Congress of American Indians

National Consumer Law Center

National Hockey League

National Telephone Cooperative Association

Natural Resources Defense Council

Oracle Corp.

PepsiCo Inc.


QUALCOMM Incorporated

Rite Aid Corporation

Sierra Club

Sirius XM Radio Inc.


Smith & Nephew plc

Syngenta AG

The Aluminum Association Inc.

Twitter Inc.

U.S. Chamber of Commerce

United Steelworkers


Bureau of Industry and Security

Bureau of Labor Statistics

Committee on Foreign Investment in the United States

Commodity Futures Trading Commission

Competition and Markets Authority

Department of Commerce

Equal Employment Opportunity Commission

European Commission

European Union

Federal Bureau of Investigation

Federal Communications Commission

Federal Energy Regulatory Commission

Financial Conduct Authority

Financial Crimes Enforcement Network

Food and Drug Administration

Internal Revenue Service

International Trade Commission

Mashantucket Pequot Tribal Nation

Minnesota Department of Revenue

Mohegan Tribe

National Highway Traffic Safety Administration

National Marine Fisheries Service

Navajo Nation

New York Attorney General's Office

Port Authority of New York & New Jersey

Securities and Exchange Commission

Tennessee Valley Authority

U.S. Attorney's Office

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of the Interior

U.S. Department of the Treasury

U.S. Environmental Protection Agency

U.S. House of Representatives

U.S. Immigration and Customs Enforcement

U.S. Patent and Trademark Office

U.S. Supreme Court

United South and Eastern Tribes

United States Court of Appeals for the Third Circuit

Upper Skagit Indian Tribe

World Trade Organization