Amid the furor sparked by sexual misconduct allegations against D.C. Circuit Judge Brett Kavanaugh, his accuser entered into negotiations Thursday over appearing before the Senate for a hearing that could determine whether the judge makes it to the U.S. Supreme Court.
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TOP NEWS

Kavanaugh Accuser Negotiating Testimony Before Senate

Amid the furor sparked by sexual misconduct allegations against D.C. Circuit Judge Brett Kavanaugh, his accuser entered into negotiations Thursday over appearing before the Senate for a hearing that could determine whether the judge makes it to the U.S. Supreme Court. Read full article »

White House Cyber Plan Calls For Deterrence, Legal Revamp

The White House warned Thursday that it would authorize offensive cybersecurity operations and "modernize" federal computer crime laws as part of a new national cybersecurity strategy. Read full article »

Analysis

Opioid Bill Lacks Funding To Make Lasting Impact

A bill passed by the Senate this week to address the national opioid crisis proposes worthwhile initiatives such as packaging and shipping restrictions on certain drugs, but experts say billions of dollars more in federal funding is needed to stem the epidemic. Read full article »

BANKING & SECURITIES

ENERGY & ENVIRONMENTAL

DOT Says Hazmat Regs Override Calif. Trucker Break Rules

The U.S. Department of Transportation determined Thursday that federal law preempts California's meal and rest break requirements for all motor vehicle operators transporting hazardous materials, granting a request from a trucking group to harmonize what it viewed as inconsistent regulations. Read full article »

Mont., Wyo. Defend DOI Order Lifting Coal Leasing Ban

Wyoming and Montana teamed up Wednesday in Montana federal court to oppose suits challenging an order from the secretary of the U.S. Department of the Interior lifting a moratorium on federal coal leasing, arguing the secretary is validly exercising administrative discretion to implement President Donald Trump’s policy goals. Read full article »

HEALTH & LIFE SCIENCES

IP & TECHNOLOGY

MEDIA & ENTERTAINMENT

DC Bill Bets On Sports Gambling To Fund Child Care, Arts

A Washington, D.C., council member has introduced a bill to legalize sports betting in the nation’s capital, wagering that an influx of gambling tax revenue would help fund early-childhood care and humanities initiatives throughout the district. Read full article »

TRANSPORTATION & INFRASTRUCTURE

INSURANCE

REAL ESTATE

EMPLOYMENT

9th Circ. Delivers Concrete Drivers A Win In Wage Row

The Ninth Circuit said Thursday that California's decision to include ready-mix concrete drivers under the state's prevailing wage law doesn't violate the equal protection clause because there are sound reasons for concluding the drivers are different from other truckers, as they have more responsibility and are vulnerable to underbidding. Read full article »

VA Accused Of Defying Court Order On Gov't Union Activity

The U.S. Department of Veterans Affairs is violating a D.C. federal judge's decision to partially block an executive order that made it harder for federal workers to spend work time on union business, an American Federation of Government Employees local said Wednesday. Read full article »

COMPETITION

AT&T-Time Warner Ruling Was Correct, DC Circ. Told

AT&T told the D.C. Circuit on Thursday that a lower court correctly ruled that the U.S. Department of Justice did not demonstrate how its $85.4 billion purchase of Time Warner Inc. would increase wholesale prices for distributors and retail rates for consumers. Read full article »

CYBERSECURITY & PRIVACY

CONSUMER PROTECTION

MEDICAL MALPRACTICE

PRODUCT LIABILITY

GOVERNMENT CONTRACTS

AEROSPACE & DEFENSE

Trump Slams $857B Defense Bill Over Lack Of Border Funds

President Donald Trump on Thursday threw a potential spanner in the works for a pending $857 billion bill to fund federal defense, labor and health spending for 2019, slamming lawmakers for failing to include funding for his signature border wall project. Read full article »

INTERNATIONAL TRADE

China Tariffs Undercut 5G Rollout, FCC's Rosenworcel Says

Newly announced tariffs on Chinese products will seriously undercut the rollout of cutting-edge 5G mobile services, Federal Communications Commissioner Jessica Rosenworcel told a Washington, D.C., audience Thursday. Read full article »

TAX

Draft EU Digital Tax Law Leaves Percentage Up To Countries

A draft resolution recently released by European Union lawmakers contains an amendment that would let individual countries decide the percentage of a tax to be imposed on large digital companies. Read full article »

Energy Storage Must Fully Reap Tax Credit, Sens. Say

Sens. Michael Bennet, D-Colo., and Tim Scott, R-S.C., on Thursday pressed Secretary of Treasury Steve Mnuchin to confirm that energy storage technologies qualify for the federal investment tax credit when used to retrofit existing solar projects and other technologies receiving the ITC. Read full article »

BANKRUPTCY

IMMIGRATION

Immigration Bill Roundup: Family Detention, Tracking Kids

Senators introduced bills this week aimed at keeping families together in detention and ensuring the Department of Health and Human Services keeps tabs on unaccompanied migrant children released from custody to sponsors. Here, we take a look at their proposals. Read full article »

NATIVE AMERICAN

Creek Reservation Survived Okla. Statehood, Justices Told

A Muscogee (Creek) Nation citizen urged the U.S. Supreme Court on Wednesday to uphold a Tenth Circuit decision nixing his murder conviction in state court on the grounds that the killing took place within the tribe’s reservation boundaries, saying the reservation wasn’t eliminated even when Oklahoma became a state. Read full article »

TELECOMMUNICATIONS

Big Cities Say FCC's 5G Rollout Will Disrupt Biz Partnerships

As the Federal Communications Commission approaches a Wednesday vote on an order that could set standard rates and terms for the deployment of small cells, powerful cities including New York, Philadelphia and Chicago are voicing opposition to the move, but FCC Commissioner Brendan Carr has suggested such pleas are profit-motivated. Read full article »

CIVIL RIGHTS

Wis. Can't Bar Sex-Reassignment Coverage For State Workers

A Wisconsin federal judge has found that the state's decision to exclude gender reassignment-related procedures from state employees' health insurance coverage flouts federal law, handing a win to two transgender women who brought the case. Read full article »

WHITE COLLAR

Cuomo's Former Right-Hand Man Gets 6 Years For Bribery

A Manhattan federal judge hit Joe Percoco, New York Gov. Andrew Cuomo's former top aide, with a six-year prison term Thursday for taking bribes in exchange for helping allies in the energy and real estate sectors with state projects, telling the defendant his actions were "corrosive" to the workings of government. Read full article »

Chicago Alderman Sets Date To Plead To Bribery Charges

A Chicago alderman charged with accepting bribes and using a ward bank account as a personal piggy bank plans to plead guilty at the end of November, according to a judge’s order entered Thursday. Read full article »

PEOPLE

EXPERT ANALYSIS

Series

Navigating NLRB: The Intersection Of Politics And Policy

Several practical considerations have rendered the process of populating the National Labor Relations Board increasingly partisan. But even in the absence of curative legislation, there are some measures that could improve the practice, says Brian Hayes, former member of the NLRB and shareholder at Ogletree Deakins Nash Smoak & Stewart PC. Read full article »

A Closer Look At Proposed Regs For Nonbank Loan Servicers

A recently introduced bill that would create a new authority over mortgage loan servicers that handle loans for Fannie Mae and Freddie Mac likely has no chance of passage in the short term. But these entities should keep an eye on the potential federal extension of so-called safety and soundness principles, say Laurence Platt and Michael McElroy of Mayer Brown LLP. Read full article »

New UK And US Regimes May Deter Foreign Investment

Newly proposed U.K. rules and the amended regime for the Committee on Foreign Investment in the United States will radically change how the two governments review sensitive transactions, which will affect the likelihood of deal clearance, deal timing and the drafting of appropriate contractual provisions, say Robert Bell and Jennifer Mammen of Bryan Cave Leighton Paisner LLP. Read full article »

GILTI Guidance Defers Dealing With Most Vexing Issues

Last week, the IRS issued its first guidance as to proposed rule-making on global intangible low-taxed income. This is a welcome start at clarification and integration of GILTI with other code sections but more guidance is necessary, especially as to the Section 250 deduction and the workings of the foreign tax credit, says Robert Kiggins of Culhane Meadows LLP. Read full article »

Leveraging Today's Lateral Associate Market

With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa. Read full article »

LEGAL INDUSTRY

Fox Rothschild To Expand In Carolinas With Latest Merger

Fox Rothschild LLP will merge in November with southeastern firm Smith Moore Leatherwood LLP, creating a combined firm of more than 900 lawyers in 27 locations in the U.S., the firms announced on Thursday. Read full article »

Feature

What In-House Counsel Can Do To Fight Cyberthreats

In-house counsel can play a pivotal role in helping their businesses prepare for possible data breaches, as companies of all sizes across industries seek to maintain security amid unprecedented challenges from cyberattacks. Here, Law360 looks at four ways in-house lawyers can leverage their knowledge and responsibilities to ready their companies against online threats. Read full article »

Court Master, Corporate Atty Picked For New Chancery Seats

Delaware Gov. John Carney announced his nomination of two candidates for the expanded bench of the Delaware Chancery Court on Thursday, choosing Chancery Master Morgan T. Zurn and Young Conaway Stargatt & Taylor LLP litigator Kathaleen S. McCormick to fill the newly created seats. Read full article »

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Hawks Quindel

Information Governance Group LLC

Jackson Murdo

Jenner & Block

Katz Marshall

Mayer Brown

Moore & Van Allen

O'Melveny & Myers

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Smith Moore Leatherwood

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COMPANIES

AT&T Inc.

American Civil Liberties Union

American Federation of Government Employees

Broadcom Ltd.

Center for Biological Diversity

Comcast Corporation

Competitive Power Ventures Holdings LLC

Fannie Mae

Freddie Mac

Home Depot Inc.

International Brotherhood of Teamsters

Major Lindsey & Africa

NBCUniversal Inc.

National Mining Association

QUALCOMM Inc.

Sierra Club

Solar Energy Industries Association

Sony Pictures Entertainment Inc.

Target Corp.

The DIRECTV Group, Inc.

Time Warner Inc.

Twitter Inc.

Washington Post Co.

Xcel Energy Inc

Yahoo! Inc.

GOVERNMENT AGENCIES

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Centers for Disease Control and Prevention

Centers for Medicare & Medicaid Services

Committee on Foreign Investment in the United States

Competition and Markets Authority

Consumer Financial Protection Bureau

Delaware Court of Chancery

European Commission

European Union

Executive Office of the President

Federal Aviation Administration

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Federal Communications Commission

Federal Deposit Insurance Corp.

Federal Housing Finance Agency

Federal Motor Carrier Safety Administration

Internal Revenue Service

National Labor Relations Board

New York State Department of Financial Services

Northern Cheyenne Tribe

Office of the Comptroller of the Currency

Omaha Tribe of Nebraska

Pipeline and Hazardous Materials Safety Administration

U.S. Attorney's Office

U.S. Department of Defense

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U.S. Department of Transportation

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Wisconsin Department of Justice