Public Policy

  • July 25, 2017

    Dem Sen. Wants To Know If CBP Turns Away Asylum Seekers

    The Senate Judiciary Committee's ranking Democrat on Monday joined the ranks of liberal lawmakers concerned about reports that U.S. Customs and Border Protection agents are turning away asylum seekers at the border who should be entitled to an interview and determination of their status.  

  • July 25, 2017

    New Markets Tax Credit Has Boosted Rural Areas: Report

    A coalition of more than 150 law firms, financial institutions and community groups that is urging Congress to permanently extend the new markets tax credit program typically aimed at low-income communities released a report Tuesday showing that the credit has boosted private investments in rural areas.

  • July 25, 2017

    NJ Enacts Property Taxpayer Bill Of Rights

    The state of New Jersey has adopted a so-called property taxpayer bill of rights entitling property owners to clarity surrounding the real estate assessment process and how to bring an appeal, an attempt to empower New Jersey residents saddled with the nation’s highest property taxes.

  • July 25, 2017

    Manafort Subpoenaed For Testimony In Election Probe

    The leaders of the Senate Judiciary Committee have subpoenaed former Trump presidential campaign manager Paul Manafort to appear before the committee as part of a probe into attempts to influence U.S. elections, after failing to reach a deal on voluntary testimony, they announced Tuesday.

  • July 25, 2017

    Gov. Brown Signs Extension Of Calif. Cap-And-Trade To 2030

    California Gov. Jerry Brown on Tuesday signed into law a 10-year extension of California's landmark cap-and-trade program, the centerpiece of the state's push to decrease greenhouse gas emissions by 40 percent from 1990 levels.

  • July 25, 2017

    BREAKING: ACA Repeal Advances In Senate

    Efforts to repeal the Affordable Care Act narrowly advanced in the U.S. Senate on Tuesday, as Republicans barely mustered enough votes to open debate on the deeply controversial legislation.

  • July 25, 2017

    FCC Republicans Unlikely To Be Convinced On Net Neutrality

    Republican leaders of the Federal Communications Commission said Tuesday that they would require “substantive comments” including “economic analysis” to persuade them to vote against an impending repeal of Title II broadband regulation, the legal footing for the agency’s 2015 net neutrality rules.

  • July 25, 2017

    DOL Issues Info Request On White-Collar Overtime Exemption

    The U.S. Department of Labor released its hotly anticipated request for information on how to revise the white-collar overtime exemption on Tuesday, opening up for public comment a controversial Obama administration rule that would more than double the salary level under which workers must be paid overtime.

  • July 24, 2017

    Democrats Launch New Campaign To Target Rx Drug Costs

    Democrats on Monday announced their plan to rein in drug prices through what they’re calling “A Better Deal,” which includes creating a new agency to handle price gouging, allowing Medicare to negotiate prices and making companies justify large price increases. 

  • July 24, 2017

    NJ High Court To Weigh Application Timing Rule For Builder

    The New Jersey Supreme Court has agreed to review a developer's challenge to a published state appellate panel decision that an application must be accompanied by documents required by a municipality in order for the proposal to be evaluated based on regulations in effect at the time the application is filed.

  • July 24, 2017

    Dems Embark On Agenda To Limit Mergers, Tax Loopholes

    In an effort to turn around recent electoral losses, the Democratic party launched a campaign on Monday that attacks the Republicans’ tax reform goals as enriching the wealthy on the backs of those with lower incomes while promising to limit large mergers, rein in rising drug prices and boost wages.

  • July 24, 2017

    Slapdash ACA Repeal Risks Insurance Market Chaos

    Republicans risk unleashing chaos in health insurance markets if they pursue a headlong vote to repeal the Affordable Care Act without fully vetting a replacement law, experts say.

  • July 24, 2017

    DOL Wage And Hour Division Getting In Gear After Slow Start

    The DOL's Wage and Hour Division is starting to hit its stride after a slow start under President Donald Trump, pulling back from a few of employers’ least-liked Obama-era legal interpretations and taking steps to revise a rule on overtime eligibility. Here, Law360 takes a look at what's happened at the division since Trump took office, as well as what's on the horizon.

  • July 24, 2017

    Ginsburg Counsels Attys: Be Plumbers Or Change Agents

    U.S. Supreme Court Justice Ruth Bader Ginsburg encouraged aspiring lawyers Monday in Washington, D.C., to not just work as “plumbers” with a particular skill set, but instead to become the “true professionals” who apply their expertise to advocacy work.

  • July 24, 2017

    Senate Approves BigLaw Partner As Trump Interior Deputy

    The Senate has approved a Brownstein Hyatt Farber Schreck LLP partner as President Donald Trump’s pick to be Interior Secretary Ryan Zinke’s top deputy Monday, putting one of the administration’s first new picks into the agency.

  • July 24, 2017

    Dems Reject $2B Extension Of Veterans Choice Program

    The U.S. House of Representatives on Monday easily passed a slate of eight bills related to the U.S. Department of Veterans Affairs, including legislation to improve federal contracting opportunities for veteran-owned businesses, but Democrats blocked the passage of a contentious $2 billion extension of the Veterans Choice program.

  • July 24, 2017

    House Passes Small Business Banking, Microloans Bills

    Federal rules for investing in and lending to small businesses could see major reforms through a set of bills passed by the House of Representatives Monday, increasing borrowing limits and making other changes to the Small Business Administration.

  • July 24, 2017

    IRS Asks To Stay Court Order Barring Tax Preparer Fees

    Despite a D.C. federal judge’s ruling barring the Internal Revenue Service from regulating tax return preparers, the IRS said Monday that it wants to continue charging them a fee while it decides whether to appeal the judge’s decision.

  • July 24, 2017

    Ga. City Says Utility Policies Don’t Target Minorities

    A Georgia city asked a federal judge Friday to dismiss a lawsuit claiming its utility policies illegally discriminate against African-Americans and immigrants, saying the policies have legitimate, nondiscriminatory purposes and the federal anti-bias law cited by the plaintiffs does not apply in these circumstances.

  • July 24, 2017

    House Dems Block Passage Of 2018 Intelligence Bill

    Democrats in the U.S. House of Representatives on Monday blocked the passage of intelligence authorization legislation for 2018, objecting to the limited debate that had been allowed for the bill despite largely agreeing with the intent of the proposal itself.

Expert Analysis

  • Missouri's New Law Levels The Playing Field For Insurers

    Phillip Graham

    This month, Missouri Governer Eric Greitens signed a bill modifying certain statutory provisions relating to settlement of tort claims. Insurers, coverage counsel and defense counsel should be familiar with the strict requirements of this new law to ensure an appropriate response is given to a compliant or deficient demand, say Phillip Graham and Meghan Lewis of Sandberg Phoenix & Von Gontard PC.

  • Opinion

    H-2B Visas And The Making Of An 'Ultra Vires' Regulation

    Daniel Kowalski

    The U.S. Department of Homeland Security and the U.S. Department of Labor recently published a temporary rule issuing an additional 15,000 H-2B visas. However, for many H-2B-dependent employers, this was too little, too late, says Daniel Kowalski of Ware Immigration.

  • ACA Repeal: Deciphering The Path Ahead

    Michael Parme

    Due in large part to the unorthodox strategy used throughout the process of attempting to repeal and replace the Affordable Care Act, there is simultaneously abundant content about Congress’ recent health care reform efforts and minimal information that would assist the casual observer to make an educated guess about where these efforts are headed, says Michael Parme of Haight Brown & Bonesteel LLP.

  • Pay-To-Play Rules Are Here To Stay

    Thomas Potter

    In recent years, the U.S. Securities and Exchange Commission has expanded the reach of rules aimed at preventing pay-to-play practices by municipal securities dealers to include investment advisers, municipal advisers and broker-dealers. With the Sixth Circuit rejecting the latest constitutional challenge in Tennessee Republican Party v. SEC, the issue has escaped judicial review for now, says Thomas Potter III of Burr & Forman LLP.

  • DOI Actions Underscore Need For Tribal Consultation

    Larry Roberts

    At a recent House hearing and in a subsequent notice, the U.S. Department of the Interior made clear that it is considering an agenda that would limit the restoration of tribal homelands to the detriment of future generations. Formal consultation with tribes is needed before the department makes any potential changes, says Larry Roberts of Kilpatrick Townsend & Stockton LLP.

  • 5 Questions Firms Should Ask When Evaluating Litigation AFA

    Gregory Lantier

    Law firm management should understand the client’s reasons for requesting an alternative fee arrangement, and whether approving the fee will help grow the relationship with the client, say attorneys with WilmerHale.

  • For Law Firm Offices, Business Savvy Is The New Cool

    Craig Braham

    Having embraced the notion that the right space can reinforce the right firm culture, law firm leaders have been evaluating real estate primarily for its physical properties. However, It's hard to be collegial, even in the coolest of in-house coffee bars, if your cost structure is untenable, says Craig Braham of Advocate Commercial Real Estate Advisors LLC.

  • Fiduciary Rule's Impact On IRA Annuity Recommendations

    Fred Reish

    Here, attorneys with Drinker Biddle & Reath LLP focus on the prohibited-transaction exemptions that are available to broker-dealers when their registered representatives recommend annuities to individual retirement account investors and the factors that firms may want to consider in deciding which exemption to use during the new fiduciary rule’s transition period.

  • The Supreme Court And The Future Of The Travel Ban

    Jeffrey Gorsky

    President Donald Trump claimed the U.S. Supreme Court's recent decision to leave part of his travel ban in place was a victory for the administration, and some analysts have agreed. It is hard, however, to see the court’s opinion as anything but a government defeat, says Jeffrey Gorsky of Berry Appleman & Leiden LLP.

  • Unclear Consequences For Lenders Asking Language Choice


    When should mortgage lenders be required to conduct business in a foreign language because the consumer has expressed a preference for a different language? This is only one of the questions that is “top of mind” for lenders, servicers and loan-holders who have read the Federal Housing Finance Agency’s recent request for input on language access in mortgage lending and servicing, say Laurence Platt and Tori Shinohara of Mayer Brown LLP.