Public Policy

  • January 18, 2017

    CBS Presses FCC To Restore Ownership Cap Exception

    CBS Corp. wants the Federal Communications Commission to reinstate posthaste a break given to UHF station owners on media ownership cap rules, arguing Tuesday that the agency nixed the exception without “a shred of evidence” of public harm.

  • January 18, 2017

    Atty-Legislators Are Fundraisers Before Politicians: Study

    Seen as well-educated, capable and often shrewd professionals, lawyers at first glance may look a natural fit for politics, but it's their access to early fundraisers, not voter preference, that has led them to be a vastly overrepresented group in Congress, according to a recent study.

  • January 18, 2017

    DHS Proposes Rules For Contractors To Protect Sensitive Info

    The U.S. Department of Homeland Security on Wednesday proposed rules that would expand security and privacy requirements for contractors, a move that's part of the agency's efforts to safeguard sensitive government information.

  • January 18, 2017

    States Urge 5th Circ. To Affirm OT Rule Block

    Nevada, Texas and 19 other states urged the Fifth Circuit on Tuesday to affirm an injunction blocking a recent revision to the Department of Labor’s overtime rule, saying the tweaks would cause “irreparable harm on a massive scale” if they took effect.

  • January 18, 2017

    13 States Sue To Stop Coal Mining Stream Protection Rules

    Thirteen states sued the U.S. Department of Interior in D.C. federal court on Tuesday, alleging that federal rules finalized in December aimed at minimizing harm to surface and groundwater from coal mining operations violated the states’ ability to regulate mining within its borders.

  • January 18, 2017

    Enviros Take Bid To Intervene In BLM Auction Suit To 10th Circ.

    Environmental groups on Tuesday appealed to the Tenth Circuit a New Mexico federal judge's refusal to let them intervene in an oil and gas industry group's suit accusing the U.S. Bureau of Land Management of illegally failing to hold oil and gas lease auctions.

  • January 18, 2017

    US Launches WTO Case Over Canadian Wine Regs

    Just two days before President Barack Obama is set to exit office, his administration on Wednesday filed a new World Trade Organization dispute against Canada, challenging regulations that it claims have unfairly kept U.S. wines from grocery store shelves in British Columbia.

  • January 18, 2017

    Inmate Call Cos. Urge DC Circ. To Wait On Rate Cap Review

    Inmate calling service providers on Tuesday urged the D.C. Circuit to delay its review of rate caps imposed on the companies by the Federal Communications Commission in August, in anticipation of a reversal of the policy under an incoming Republican-majority commission.

  • January 18, 2017

    Puerto Rico Reaches Deal On Pension Bond Payments

    Holders of bonds issued by Puerto Rico's largest public pension fund reached a deal to recoup some of the money that the beleaguered territory diverted from the fund, according to a stipulation and order filed on Tuesday in Puerto Rico federal court. 

  • January 18, 2017

    Attorneys Are Split On The Legacy Of Obama's NLRB

    Barack Obama's NLRB was a polarizing one for labor attorneys even by its own relatively partisan standards. While attorneys agree Donald Trump's board will be kinder to business than Obama's has been, attorneys tell Law360 they’re unsure how far the other way the pendulum will swing.

  • January 18, 2017

    2nd Circ. Restores EPA's Water Transfer Exemption Rule

    A divided Second Circuit panel on Wednesday revived a U.S. Environmental Protection Agency rule exempting some water transfers from Clean Water Act review, saying ambiguity within the law means the agency must be given latitude for its own interpretation of the statute.

  • January 17, 2017

    Ex-Cravath Atty, Hedge Fund Runner Get 2nd CFTC Seat Try

    Just days before stepping out of office, the Obama administration on Tuesday renewed a bid to fill a pair of vacancies at the U.S. Commodity Futures Trading Commission, re-nominating a former Cravath Swaine & Moore LLP attorney and a hedge fund manager who didn’t advance last year.

  • January 17, 2017

    Justices Mull 'Crime Of Violence' In Immigration Case

    The U.S. Supreme Court on Tuesday heard oral arguments in an immigration case over whether the definition of a “crime of violence” is unconstitutionally vague, with the justices grappling with the vagueness standard and how the definition differed from a separate statute that was struck down in 2015.

  • January 17, 2017

    Enviros Urge Justices To Pass On Polar Bear Habitat Appeal

    The Center for Biological Diversity is urging the U.S. Supreme Court not to upend a Ninth Circuit decision backing the U.S. Fish and Wildlife Service's critical habitat designation for the polar bear, saying the state of Alaska and other challengers have made too big of a deal out of the size of the habitat designation.

  • January 17, 2017

    3 Takeaways As FDA Dishes On Interchangeable Biosimilars

    The U.S. Food and Drug Administration’s long-awaited guidance on biosimilar interchangeability contains lots of flexible language that means the coveted designation could be much more attainable for some products than others, experts say. Here are three takeaways from Tuesday’s draft guidance.

  • January 17, 2017

    After Historic Vote, Fla. Drafts New Medical Pot Rules

    The Florida Department of Health on Tuesday published its initial proposed rule for a medical marijuana program, taking a step toward implementing the recently passed Amendment 2 but creating controversy by charting a course closer to existing law than the broader guidelines voters overwhelmingly passed in November.

  • January 17, 2017

    Uber Sues Seattle To Stop New Driver Unionization Rule

    Uber sued the city of Seattle in Washington state court Tuesday to block rules permitting for-hire drivers to participate in collective bargaining opportunities, alleging they run afoul of the state’s constitution.

  • January 17, 2017

    Del. Poses Bill To Limit Unclaimed Property Collection

    Amid a high court battle between Delaware and several other states over who gets to keep abandoned MoneyGram checks, a Delaware state senator has introduced a bill that claims to make the state’s unclaimed property laws fairer and more in line with those of other states.

  • January 17, 2017

    Trump's Interior Pick Says Climate Change 'Undisputable'

    Rep. Ryan Zinke, R-Mont., Donald Trump's nominee for interior secretary, parted ways with earlier comments by the president-elect by saying during Senate confirmation hearings on Tuesday that he doesn’t believe climate change is a hoax, but suggested that there is still a place for fossil fuel drilling on federal lands.

  • January 17, 2017

    Obama Commutes Chelsea Manning's Prison Sentence

    President Barack Obama on Tuesday commuted the sentence of Chelsea Manning, the soldier convicted of leaking a trove of classified information to the website WikiLeaks, according to media reports. 

Expert Analysis

  • It’s Time To Change The Law Firm Business Model

    Lucia Chiocchio

    Every year, statistics reveal very little change in the number of women and minorities in the ranks of partnership. So how do law firms change this painfully slow rate of progress? It takes more than adding a diversity policy or a women’s leadership program to the current law firm business model, says Lucia Chiocchio, co-chair of Cuddy & Feder LLP's telecommunications and land use, zoning & development groups.

  • An Expansion Of H-1B Quota Exemptions For Nonprofits

    Andrew Greenfield

    For years, U.S. Citizenship and Immigration Services' narrow definition of "nonprofit" precluded many independently governed and operating nonprofits from qualifying for the H-1B quota exemption. However, a recent update to its regulations explicitly recognizes this challenge and the need to expand the kinds of university affiliations nonprofits can show to obtain an exemption, says Andrew Greenfield of Fragomen Del Rey Bernsen & Loewy LLP.

  • ADEA At 50: Trends And Predictions For An Aging Workforce

    Chloe J. Roberts

    Enacted on Dec. 15, 1967, the Age Discrimination in Employment Act is celebrating 50 years of protecting older workers, many with families and children requiring financial support, from unemployment and poverty. At this half-century milestone, we should take a moment to analyze the ADEA’s effect on the workforce, says Chloe Roberts of Roberts & Associates Law Firm.

  • Health Care Enforcement Review And 2017 Outlook: Part 3

    Jordan T. Cohen

    While 2016 marked one of the least productive years in the history of Congress, the same cannot be said of health care enforcement and regulatory agencies. Perhaps motivated by the impending change in administration, these agencies promulgated a number of notable regulations in 2016, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Death Knell For The Telephone Consumer Protection Act

    Lewis S. Wiener

    The Telephone Consumer Protection Act is generally considered a popular, pro-consumer statute, but the law may be dramatically altered following power shifts in Congress and the Federal Communications Commission. It is increasingly likely that the TCPA will transform to address existing criticism and to reflect changes in technology since the law's passage in 1991, say attorneys from Sutherland Asbill & Brennan LLP.

  • FDA Adverse Event Data Release May Mean More Lawsuits

    Joanne Hawana

    The U.S. Food and Drug Administration recently announced the public release of data on adverse events related to cosmetics and foods. The data include reported negative reactions or complaints related to products, and do not indicate a determination of fault by the FDA. But the release could still lead to an increase in litigation, say Joanne Hawana and Daniel Herling of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • 2017 Food And Beverage Industry Outlook: Part 1

    James F. Neale

    As 2017 marks the commencement of a new presidential administration, the food and beverage industry is one of many sectors facing anticipated regulatory and legislative reforms. Specifically, the industry can expect to see governmental attention on a number of fronts, say attorneys at McGuireWoods LLP.

  • Hague Convention’s Impact On Secured Transactions

    Edwin E. Smith

    Choice-of-law rules for the perfection and priority of a security interest in “securities credited to a securities account” will change on April 1, 2017, when the Hague Securities Convention comes into effect. Edwin Smith and Alan Beloff of Morgan Lewis & Bockius LLP describe what steps secured parties may need to take now for existing secured transactions and in planning for new ones.

  • Key Trade Secret Developments Of 2016: Part 2

    Randy E. Kahnke

    Our first article in this two-part series focused on the most significant event in trade secret law in many years — the passage of the federal Defend Trade Secrets Act. Now we leave the DTSA and highlight five other trade-secret trends that promise to shape future developments, say attorneys with Faegre Baker Daniels LLP.

  • Amended Rule 37(e): 1 Year Later

    Samantha Southall

    After a full year in effect, the amended Federal Rule of Civil Procedure 37(e) has been tested in a variety of district courts. A sampling of these decisions reveals that courts seem to be adhering closely to the amended rule and ordering adverse inference instructions only where there was intent to deprive another party of access to relevant information, say Carrie Amezcua and Samantha Southall of Buchanan Ingersoll & Rooney PC.