Public Policy

  • June 27, 2017

    Chicago-Area Retailers Sue Over Penny-An-Ounce Soda Tax

    A group of Chicago-area store owners filed a lawsuit Tuesday in Cook County Court seeking to halt the enactment of a penny-an-ounce county tax on soda pop, arguing it will negatively impact their sales.

  • June 27, 2017

    Trump Taps 4 For Posts At Commerce, ITC, Interior

    President Donald Trump intends to nominate three attorneys and a forestry expert to positions in the U.S. Department of Commerce, International Trade Commission and Department of the Interior, according to a White House statement Tuesday.

  • June 27, 2017

    Justices' Eye On Sports Betting May Spur U-Turn By Leagues

    The U.S. Supreme Court on Tuesday said it will hear a case over a federal law that prohibits states from legalizing sports betting, a surprise decision that could send leagues running to Congress for a solution.

  • June 27, 2017

    By 423-4, House Passes Bill Backing NATO's Article 5

    The House of Representatives passed a resolution Tuesday reaffirming the U.S. commitment to Article 5 of the North Atlantic Treaty Organization in the wake of President Donald Trump's lack of endorsement of the unifying provision during his trip to Europe in May.

  • June 27, 2017

    George Lucas' Museum Gets Go-Ahead From LA City Council

    The Los Angeles City Council made it official with “Star Wars” creator George Lucas, voting unanimously Tuesday to approve his $1 billion Lucas Museum of Narrative Art and giving it a home in the City of Angels after years of litigation and negotiation with Chicago and San Francisco.

  • June 27, 2017

    Rep. Labrador To Head Immigration Subcommittee

    Rep. Raúl Labrador, R-Idaho, the sponsor of a bill to criminalize undocumented immigrants' presence in the U.S., has been named chairman of the House Immigration and Border Security Subcommittee, according to an announcement by the House Judiciary Committee on Tuesday.

  • June 27, 2017

    New FDA Chief Sheds Agency Hesitance On Drug Prices

    The U.S. Food and Drug Administration's recently confirmed leader on Tuesday took fresh actions to jump-start approvals of lower-cost generics, making good on promises to focus the agency's mission more aggressively on drug prices.

  • June 27, 2017

    Trump Rounds Out NLRB With Littler Labor Veteran

    President Donald Trump on Tuesday tapped Littler Mendelson PC shareholder William Emanuel to fill the last remaining vacancy on the five-member National Labor Relations Board, creating a Republican majority that sets the stage for the reversal of a slew of controversial Obama-era rulings.

  • June 27, 2017

    Calif. Gov. Rips Tribe's Suit Over Casino OK At Top State Court

    California Gov. Jerry Brown urged the state’s top court Monday to reject the United Auburn Indian Community’s attempt to revive its lawsuit challenging his role in greenlighting another tribe’s competing off-reservation casino project, saying he had not exceeded his authority or violated the separation of powers between government branches.

  • June 27, 2017

    Puerto Rico Oversight Board Sued For Utility Deal Delay

    A pair of bond insurers filed suit Monday against the federally appointed board overseeing Puerto Rico's debt crisis for evading a congressional mandate by delaying approval of a $9 billion restructuring deal between the territory's lone power utility and its bondholders.

  • June 27, 2017

    Gorsuch And Thomas Becoming Fast Friends At High Court

    In Neil Gorsuch, Clarence Thomas seems to have found a U.S. Supreme Court justice after his own heart. The court’s newest member and its most silent one cast identical votes in case after case this year, at times taking positions deemed more conservative than those of their fellow Republican appointees on the court.

  • June 27, 2017

    DOJ Says Challenge To Trump’s 2-For-1 Order Is Premature

    U.S. Department of Justice lawyers representing President Donald Trump said in a court filing Monday that a lawsuit challenging Trump’s executive order to repeal two federal regulations for each new one is premature since it has not yet caused injury to any parties.

  • June 27, 2017

    Weibo Misled On China Censorship Policies, Investor Says

    Weibo Corporation misled investors by telling them it had taken measures to comply with China’s censorship laws, ultimately leading to heavy losses when China banned political content from the social network, according to an investor's proposed class action filed in New Jersey federal court Tuesday.

  • June 27, 2017

    Tax Cuts In Senate Health Bill Unlikely To Spur Growth

    The billions of dollars in tax cuts in the U.S. Senate's now-delayed first attempt at repealing the Affordable Care Act will likely not spur broader economic growth if enacted, experts say, but they might encourage investors to cash in on stocks and other capital gains.

  • June 27, 2017

    Commerce Seeks Input On Review Of Protected Waters

    The Department of Commerce published a rule in the Federal Register on Monday asking the public for input on its review of the status of 11 national marine sanctuaries and monuments, which is being done in response to an executive order President Donald Trump signed in April.

  • June 27, 2017

    NY Republicans Want To Keep Local Tax Deductions

    Members of the New York state GOP congressional delegation spoke out Tuesday against the Trump administration’s proposed revocation of a century-old federal tax deduction for state and local taxes that they say would create double taxation.

  • June 27, 2017

    5 High Court Concurrences That Read Like Dissents

    “Concurring opinion” can feel like a misnomer when a justice departs from — or downright slams — the reasoning of the majority. Here are the opinions from the latest U.S. Supreme Court term in which the biggest divisions bore the label of agreement.

  • June 27, 2017

    FCC's O'Rielly Pushes Spectrum Sharing Studies

    Mechanisms for sharing the digital spectrum should be studied and developed to minimize interference issues for users and to ensure that companies investing in and deploying infrastructure can count on a stable regulatory environment, Federal Communications Commission Commissioner Michael O’Rielly told an international telecom conference on Monday.

  • June 27, 2017

    The Sharpest Dissents From This Supreme Court Term

    While there were fewer dissents coming from the U.S. Supreme Court during its October 2016 term than in years past, justices still managed to come up with creative disses and blistering attacks when they were on the losing side. Here, Law360 highlights the term’s top dissents.

  • June 27, 2017

    Philly DA’s ‘Super Friend’ Says Gifts Weren’t Bribes

    A day after acknowledging giving gifts and receiving assistance from Philadelphia District Attorney Seth Williams at his federal corruption trial, a Philadelphia nightclub owner denied bribing the public official, as Williams’ attorney worked to illuminate a close personal bond between the two men. 

Expert Analysis

  • Senate Bill May Force Rise In Suits For Opioid Funding

    Adam Fleischer

    As the Senate seeks to reduce funding and services for opioid addiction, states and governments seeking new sources of funding may have increased incentive to sue manufacturers and distributors of prescription opioids. An increase in suits may shift the financial burden of the opioid crises to the pharmaceutical defendants and their liability insurers, say Adam Fleischer and Patrick Bedell of BatesCarey LLP.

  • Opinion

    Why Whole Woman’s Health Still Matters 1 Year Later

    Nancy Northup

    One year ago the U.S. Supreme Court’s decision in Whole Woman’s Health v. Hellerstedt decisively rejected the widespread anti-choice tactic of restricting women’s reproductive rights with sham legislation. A new lawsuit recently filed in Louisiana reveals exactly why that ruling is the most important decision on abortion rights in a generation, says Nancy Northup, president and CEO of the Center for Reproductive Rights.

  • FINRA Continues To Step Up Focus On Senior Investors

    Bruce Bettigole

    The Financial Industry Regulatory Authority recently introduced new sanction guidelines that allow FINRA staff to consider the vulnerability of customers in determining appropriate sanction levels. These guidelines are only one of many recent FINRA publications related to the protection of senior investors, say Bruce Bettigole and Sarah Razaq Sallis of Eversheds Sutherland.

  • Opinion

    How Nevada Is Preparing For Blockchain Technology

    Ben Kieckhefer

    Nevada Senate Bill 398 helps make the state welcoming to companies using blockchain technology, and gives legal recognition to blockchain transactions. It also incorporates blockchain into the definition of electronic records, and prohibits interference from local governments, says Ben Kieckhefer, a member of the Nevada Senate and director of client relations for McDonald Carano LLP.

  • Why We Must Teach Self-Driving Cars How To Crash

    Todd Benoff

    The National Highway Traffic Safety Administration’s policy on automated vehicles has sparked debate on a number of issues, but one remains unaddressed: How should self-driving cars make ethical decisions when an accident is unavoidable? The data shows that how moral algorithms are (or are not) regulated could impact the acceptance of driverless vehicles, says Todd Benoff of Alston & Bird LLP.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • Evaluating The 'Timing Defense' When Fighting DTSA Claims

     Jonathan Shapiro

    Since the enactment of the Defend Trade Secrets Act last year, savvy defendants have established a viable strategy: moving to dismiss the claim where the plaintiff has only alleged facts that show acts of misappropriation occurring prior to the law's enactment date. At least a half-dozen courts have tackled this “timing defense” and defendants raising it in motions to dismiss have seen mixed results, says Jonathan Shapiro of Epstein Becker Green.

  • After FTC's Update, A Refresher On Complying With COPPA

    Behnam Dayanim

    Last week, the Federal Trade Commission issued an updated six-step plan for businesses to comply with its Children’s Online Privacy Protection Act rule. Behnam Dayanim and Mary-Elizabeth Hadley of Paul Hastings LLP summarize the two key changes in the updated plan and review the six steps companies should take when considering COPPA.

  • 3 Labor Law Issues All Employers Should Follow

    Jordan Faykus

    Later this year, decisions are anticipated from various courts regarding the enforceability of employee class action waivers, the validity of the National Labor Relations Board's joint employer doctrine, and the appropriateness of "micro units" under the NLRB's 2011 Specialty Healthcare decision. Companies operating in the U.S. will want to closely monitor these decisions and understand their potential impact, says Jordan Faykus of... (continued)