Public Policy

  • May 07, 2021

    Justices' Snub Has Military Rape Claimants Eyeing Congress

    The U.S. Supreme Court's recent decision not to review a former West Point cadet's case alleging rape, and the contentious doctrine that gives the government immunity over injuries related to military service, could have service members looking more to Congress to carve out exceptions, despite Justice Clarence Thomas' continued calls to revoke or revisit the doctrine.

  • May 07, 2021

    Feds Say Fiance Visa Delay Suit Is Moot

    The State Department urged a D.C. federal court Friday to throw out a lawsuit over the slow processing of K-1 fiance visas, arguing that the case is moot after the department issued a "national interest" exemption to aid the applicants.

  • May 07, 2021

    FCC Moves To Open Up Mid-Band Airwaves In 3 Territories

    Puerto Rico, Guam, and American Samoa will be able to expand commercial deployments of advanced wireless service using mid-band spectrum under multiple actions the Federal Communications Commission took Friday.

  • May 07, 2021

    With US On Board, COVID IP Waiver Still Faces Long Road

    While the Biden administration has backed a temporary waiver on intellectual property protections for COVID-19 vaccines, experts now foresee heated World Trade Organization negotiations about the scope of any deal, which could keep the proposal in limbo for some time.

  • May 07, 2021

    Groups Decry Cuccinelli's Ariz. Immigration Deal As Invalid

    Immigration advocacy groups have weighed in on Arizona's lawsuit challenging the Biden administration's 100-day pause on deportations, saying the state's agreement to be consulted on immigration policy is invalid as it was signed by Ken Cuccinelli, an illegally appointed Trump official.

  • May 07, 2021

    Cannabis Bill Roundup: Medical Pot Advances In The South

    Lawmakers in a host of southern states this week advanced or approved bills to reform or create a medical cannabis program, while in states where marijuana is already fully legal, legislators are moving ahead with policies allowing for home grow and union participation in the space. Here are the major legislative developments in cannabis from the last week.

  • May 07, 2021

    What To Watch In The Car-Share Rental Co. Turf Wars

    The growth of car-sharing apps that connect personal vehicle owners to prospective renters has prompted a mix of state and local regulations, as well as court battles, over whether the apps should be subject to the same rules as car rental companies.

  • May 07, 2021

    Industry Groups Urge Sens. To Spare OCC 'True Lender' Rule

    Major banking industry groups are urging senators not to pass a Democratic-backed measure that would repeal the Office of the Comptroller of the Currency's "true lender" rule, saying the controversial Trump-era regulation should be improved, not invalidated.

  • May 07, 2021

    SC County Nixes Plan To Pay Fed. Judge Cut Of Opioid Money

    A South Carolina county has scrapped plans to pay a new federal judge 1.5% of any opioid-related settlement money following an ethics complaint about his recent separation agreement from his longtime county attorney role, which included a "contingency fee" and a $216,000 lump sum for future advice.

  • May 07, 2021

    LA County Urges 9th Circ. To Preserve Flavored Vape Ban

    The county of Los Angeles on Friday defended its ban on flavored vape products to the Ninth Circuit, saying federal law gives states and local governments the ability to control the sale of tobacco products within their borders.

  • May 07, 2021

    Private Sector Could Help Fund $2T Infrastructure Bill

    As President Joe Biden rallies Congress to pass his roughly $2 trillion infrastructure bill, Washington could look to the private sector in the form of public-private-partnerships, or P3s, to help fund the ambitious goal of upgrading the nation's infrastructure. Here, Law360 looks at how P3s could help to fund Biden’s proposed infrastructure bill.

  • May 07, 2021

    Interior Pulls Trump-Era Arctic Drilling Rule

    The U.S. Department of the Interior on Friday withdrew a Trump-era proposal that would have rolled back several offshore oil and gas safety regulations related to exploratory drilling in the Arctic.

  • May 07, 2021

    SEC Approves 1st Security-Based Swap Data Repository

    The U.S. Securities and Exchange Commission on Friday announced it has approved the registration of the first security-based swap data repository, approving DTCC Data Repository LLC as the first such repository that can accept transaction reports.

  • May 07, 2021

    Colo. Rebuffs Recruiters' Concerns Over Equal Pay Law

    A Colorado law aimed at narrowing the pay gap doesn't interrupt interstate commerce and should survive an attempt by a recruiters trade association to invalidate parts of the statute, the state argued in a brief in federal court.

  • May 07, 2021

    Rural Broadband Group Fears Misallocation Of $1B FCC Fund

    The Federal Communications Commission is on the brink of awarding upwards of $1 billion in federal funding to internet providers in wealthy areas that don't truly need assistance, a rural broadband group is warning the agency.

  • May 07, 2021

    Appeal Bid Denied In Suit Over WH Review Of Bolton's Book

    An attorney seeking information on the Trump administration's attempt to block or censor ex-National Security Adviser John Bolton's controversial White House memoir has lost his bid in D.C. federal court to immediately challenge a partial dismissal of his case against the agency primarily responsible for prepublication review.

  • May 07, 2021

    DC Circ. Probes Whether FDA Rule Treats Cigar Biz Unfairly

    The D.C. Circuit on Friday questioned the U.S. Food and Drug Administration's rationale for a rule under the Tobacco Control Act that cigar makers claim sets an unrealistic timetable for premarket reviews of cigar and pipe tobacco products.

  • May 07, 2021

    Attys Must Share Vax Status Before In-Person Mass. Auto Trial

    Attorneys and other participants in an upcoming trial to resolve an auto group's challenge to Massachusetts' updated "Right to Repair" law will have to tell the presiding judge whether they've been vaccinated against COVID-19, he said during a hearing Friday.

  • May 07, 2021

    Tribes Can't Stop Ore. Irrigation Plan Over Drought Concerns

    The U.S. government is managing drought impacts as best it can under bad circumstances, an Oregon federal judge said in an order denying a challenge to an irrigation plan by tribes that say it jeopardizes two endangered fish species.

  • May 07, 2021

    DHS Withdraws Proposal For More Immigrant Biometric Data

    The U.S. Department of Homeland Security on Friday withdrew a controversial, Trump-era proposal requiring immigrants and their American sponsors and children to hand over more biometric information for their visa applications than previously requested.

  • May 07, 2021

    Industry Groups Say Feds Flubbed Oil & Gas Survey Analysis

    The American Petroleum Institute accused the National Marine Fisheries Service of overestimating the harm to marine mammals that oil- and gas-related seismic testing in the Gulf of Mexico will cause, arguing that bad science imposed overly stringent restrictions on the activity.

  • May 07, 2021

    Robinhood Fight Will Test Mass. Securities Chief's Authority

    The legal battle playing out between Massachusetts' Secretary of the Commonwealth and Robinhood is poised to test the state's new fiduciary rule and, by extension, the authority of one of the most aggressive securities regulators in the country.

  • May 07, 2021

    NJ Pandemic Insurance Bill Seems To Be Dead

    A New Jersey proposal that would force insurers to cover business losses stemming from the COVID-19 pandemic is likely dead amid industry pushback and concerns about the reach of public policy during the unprecedented health crisis, experts say.

  • May 07, 2021

    MAGA Atty Lin Wood Loses Bid To Slow Ga. Bar Suit

    A Georgia federal judge has rejected MAGA-boosting attorney L. Lin Wood's request that the court reconsider moving so quickly in his suit against attorney oversight officials in Georgia over their alleged bid to get him to take a mental health exam, as the lawyer wanted the case to move fast.

  • May 07, 2021

    Lawmakers Ask GAO To Review Target-Date Retirement Funds

    The chairs of the House and Senate labor and education committees have urged the federal government accountability watchdog to probe target-date funds, a popular investment option it hasn't reviewed in a decade that accounts for $1.5 trillion in investments.

Expert Analysis

  • How $15 Minimum Wage Order May Affect Gov't Contractors

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    Attorneys at Arnold & Porter examine the potential impacts of President Joe Biden’s minimum wage increase for federal government contractors and discuss whether contractors will be able to recover additional labor costs associated with the increase.

  • Eaton Vance Fund Ruling Shows Perils Of Defensive Bylaws

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    In light of a Massachusetts court's recent ruling in Eaton Vance Senior Income Trust v. Saba Capital Master Fund, reaffirming fund shareholders' voting rights, trustees and advisers should proceed cautiously when implementing bylaws that make it harder for shareholders to exercise those rights, says Aaron Morris at Barr Law.

  • Addressing New COBRA Duties Under Virus Relief Law

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    Following the issuance of fully subsidized COBRA premiums for certain workers under the recently passed American Rescue Plan Act, employers should take steps to determine who is eligible, ensure additional notice requirements are satisfied, and train human resources on communicating with qualified individuals, say Randi May and Dustin Grant at Hoguet Newman.

  • The Biden Administration Is Sharpening The TSCA's Sword

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    The Trump administration implemented the 2016 amendments to the Toxic Substances Control Act in a way that critics felt benefited chemical companies, but the Biden administration can be expected to use the amendments to broaden risk reviews and impose new requirements on the regulated community, say attorneys at Kilpatrick.

  • Bid Protest Spotlight: Scope, Evaluation Criterion, Privity

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    In this month's bid protest roundup, Sandeep Nandivada and Markus Speidel at MoFo look at April U.S. Government Accountability Office and U.S. Court of Federal Claims decisions concerning proposed labor categories outside the scope of vendor schedule contracts, use of unstated evaluation criterion, and whether co-prime contractor privity supports standing to protest.

  • CFPB's First 100 Days Lay Foundation To Maximize Authority

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    Former Consumer Financial Protection Bureau general counsel Quyen Truong, now at Stroock, analyzes how developments in the first 100 days under new CFPB leadership reclaim the agency's activist mission and authority, redirect resources toward forceful action, and open the door to change the regulatory framework.

  • Rethinking Investment Treaties As Latin America Goes Green

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    As Latin America pivots toward renewable energy, governments should reshape bilateral investment treaties to allow incentives for new technologies and improve dispute settlement mechanisms, while also providing both new and established energy companies with certainty and fair treatment, say attorneys at GST.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • How Immigration Ruling May Change Removal Proceedings

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    The U.S. Supreme Court’s recent Niz-Chavez v. Barr decision decisively resolves the circuit split over whether a noncompliant notice to appear can trigger an Immigration and Nationality Act timing provision, but less clear is the impact the ruling will have on motions to reopen or terminate removal proceedings, says Kevin A. Gregg at Kurzban Kurzban.

  • High Court's AMG Ruling Could Hinder FDA Enforcement

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    The U.S. Supreme Court's decision in AMG Capital v. Federal Trade Commission, limiting the agency's ability to seek equitable monetary relief under the FTC Act, will likely also restrain the U.S. Food and Drug Administration's authority under the Federal Food, Drug, and Cosmetic Act, due to similarities between the laws, say Joshua Oyster and Jenna McCarthy at Ropes & Gray.

  • Expect Increasing Scrutiny Of Wage-Fixing, No-Poach Deals

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    Employers can expect more actions against wage-fixing or no-poach agreements as the U.S. Department of Justice's Antitrust Division cracks down on labor market collusion, so companies should consider tailoring these agreements on their scope, duration and definition of nonsolicitation, say attorneys at Duane Morris.

  • W.Va. Consumer Law Changes Offer Help For Finance Cos.

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    New amendments to the West Virginia Consumer Credit and Protection Act will help businesses in the state, particularly in the financial services industry, by better defining the process for presuit notice and opportunity to cure, and by making it easier to recover attorney fees, say Andrew Narod and Jared Searls at Bradley Arant.

  • Opinion

    Courts Should Clarify Contours Of NY Gov't Transparency Law

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    Following the Second Circuit's recent decision in Uniformed Fire Officers v. de Blasio to allow publication of New York City police disciplinary records, courts should address whether third parties can intervene in similar lawsuits and challenge disclosures under New York's Freedom of Information Law, say Roger Cooper and Ye Eun Charlotte Chun at Cleary.

  • Opinion

    SEC Should Drop Litigation Over Ripple's XRP Token

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    The U.S. Securities and Exchange Commission should settle or withdraw its allegations that Ripple Labs' XRP is an unregistered security, and focus on creating new rules for securities registration that account for the unique dynamics of digital assets, says J.W. Verret at George Mason University.

  • Long Road Ahead For Biden's Individual Tax Hike Proposal

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    Dustin Stamper at Grant Thornton provides insight into President Joe Biden's recently proposed individual tax increases to pay for his American Families Plan, and explains how competing interests among congressional Democrats and Republicans may shape the final provisions and prolong their implementation.

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