Public Policy

  • December 11, 2017

    Man Must Unlock Phone To Aid Abuse Probe: Mass. Court

    A Massachusetts appeals court on Monday shot down a man's challenge to an order that required him to unlock his iPhone as part of a child abuse investigation, ruling that the directive didn't violate his Fifth Amendment rights because law enforcement already knew what would be on the device.

  • December 11, 2017

    Has Litigation Finance Shed Its Stigma?

    Once a taboo topic in the halls of BigLaw, litigation finance is winning over converts. And the peer pressure is building for rival law firms to join the bandwagon.

  • December 11, 2017

    Why Investors Are Taking The Leap To 3rd-Party Funding

    They often don’t know exactly what they’re buying, and there’s an ever-present chance they could come up empty in a given case. Here’s why investors are flocking to litigation finance anyway.

  • December 11, 2017

    What Your Colleagues Think Of Litigation Finance

    We asked, and you answered. Here are the results of Law360’s inaugural survey on third-party legal funding.

  • December 11, 2017

    FCC, FTC Tout Enforcement Plan Before Net Neutrality Vote

    Days before the Federal Communications Commission is expected to vote to roll back the legal underpinning for its net neutrality rules, it announced plans Monday to partner with the Federal Trade Commission to share information and enforcement duties for service providers that don't honestly disclose their open internet practices.

  • December 11, 2017

    House Bill To Put Limits On Bank Agency Account Closures

    Federal bank regulators would have new limits on ordering account closures in a bill passed by the House of Representatives on Monday, mandating that agencies have a reason beyond "reputational risk" to the firm to order an account closed.

  • December 11, 2017

    Intelligence Chief Set To Stiffen 'Unmasking' Standards

    Director of National Intelligence Dan Coats will tighten requirements for when the names of U.S. nationals that have been redacted in classified intelligence reports are able to be “unmasked,” according to a Friday media report.

  • December 11, 2017

    House Dem Looks To Block Vote On Net Neutrality Rollback

    A Democratic congressman has introduced legislation to block Thursday’s Federal Communications Commission vote to roll back net neutrality protections by invalidating what he calls flawed rulemaking efforts as the FCC presses forward with the controversial new rules.

  • December 11, 2017

    Senate Sets Up Vote For 'Not Qualified' Trump Judge Pick

    The Senate on Monday advanced the nomination of Husch Blackwell LLP senior counsel L. Steven Grasz to an Eighth Circuit vacancy, despite Democrats' protests citing his "not qualified" rating from the American Bar Association.

  • December 11, 2017

    Tesla Wins Info In Fight Over Direct Sales Ban In Mich.

    Three Michigan auto dealers must hand over information about their lobbying efforts supporting a state ban on car manufacturers selling vehicles directly to consumers, a federal judge ruled Monday, rejecting their attempt to dodge a July order in Tesla’s lawsuit alleging the ban creates an unconstitutional monopoly.

  • December 11, 2017

    House Passes DHS Cybersecurity Overhaul

    The House of Representatives passed a bill Monday meant to centralize authority and responsibility for cybersecurity at the U.S. Department of Homeland Security, with backers claiming the legislation would allow for clear decision-making at the agency.

  • December 11, 2017

    Fla. City Scores Wins At 11th Circ. In Liquor Store Sale Row

    The Eleventh Circuit on Friday largely affirmed a decision tossing litigation alleging a conspiracy between Marathon, Florida, and city officials to try to discourage the sale of a liquor store and cocktail lounge, concluding that most of the allegations were rightfully dismissed, but one isn’t yet ripe for review.

  • December 11, 2017

    Bitcoin Futures Bring Digital Currencies To Wider Market

    The launch of bitcoin futures trading will likely pave the way for broader market acceptance of cryptocurrencies as investment products, experts said Monday, volatility risks notwithstanding.

  • December 11, 2017

    NLRB Partial Settlements Shift Is Trump Board's 1st Reversal

    The National Labor Relations Board said Monday that its judges can sign off on partial settlement proposals even if the agency’s general counsel and the charging party in a given case object, restoring the board’s “reasonableness” settlement standard in the Trump board’s first reversal of Obama-era policy.

  • December 11, 2017

    Prosecutor Nominees Need To Be More Diverse, ABA Warns

    The American Bar Association has urged the U.S. Department of Justice to place an emphasis on diversity when seeking recommendations for nominees to serve as U.S. attorneys, warning that a lack of diversity in the legal profession could erode public confidence in the justice system.

  • December 11, 2017

    EU Finance Chiefs Warn Congress Over GOP Tax Bills

    The finance chiefs of Europe's five largest economies on Monday warned U.S. Treasury Secretary Steve Mnuchin and other U.S. leaders that provisions of the Republican tax bills could be at odds with World Trade Organization rules, break double-taxation agreements, constitute unfair trade practices and hurt international banking and insurance.

  • December 11, 2017

    Sinking Kids’ Climate Suit Would ‘Flood’ 9th Circ., Judge Says

    The Ninth Circuit’s chief judge said Monday the court would be “absolutely flooded with appeals” if it sided with the U.S. Department of Justice and reversed an Oregon federal judge's ruling that gave 21 children a green light to sue the executive branch for allegedly endangering them and future generations with policies that contribute to climate change.

  • December 11, 2017

    Northwestern Mutual Must Hold Manafort's Insurance Policy

    A federal judge on Monday granted Special Counsel Robert Mueller's request that Northwestern Mutual Life Insurance Co. be required to preserve the value of a life insurance policy for indicted former Trump campaign manager Paul Manafort and his wife.

  • December 11, 2017

    Telecoms Tell 9th Circ. FCC's Network Transition Too Fast

    Several telecommunications organizations asked the Ninth Circuit on Friday to review the Federal Communication Commission’s recent move to speed the transition from copper to fiber optic networks, arguing that the decision is “arbitrary” and may violate federal laws.

  • December 11, 2017

    OECD Proposes New Disclosure Rules For Tax Advisers

    The Organization for Economic Cooperation and Development on Monday released recommended rules that would require tax advisers and planners to disclose if they are marketing structures or “schemes” to avoid new global reporting rules that prohibit tax evasion.

Expert Analysis

  • 6 Things You Need To Know About Millennial Jurors

    Zachary Martin

    Millennials are now the largest living generation and comprise one-third of jurors. While it is impossible to generalize a group so large and diverse, trial lawyers should be mindful of certain generational differences, say baby boomer Lee Hollis and millennial Zachary Martin of Lightfoot Franklin & White LLC.

  • Opinion

    Standoff At WTO Is Giving Trade Ministers The Jitters

    Robert McDougall

    The World Trade Organization is in Buenos Aires this week for its biennial conference with increasingly diminished expectations for updating international trade rules. One subject not on the agenda, but likely to be hotly debated, is the ongoing U.S. block on the appointment of new WTO Appellate Body members, says former WTO permanent delegate Robert McDougall, now a senior fellow at the Centre for International Governance Innovation.

  • 10 Things To Know About Native American Policy: Part 1

    Donald Pongrace

    The Trump administration has a number of regulatory priorities and political vacancies that need to be focused on, including key areas that would impact Indian Country such as tax reform proposals, insurance reform and fee-to-trust regulations, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • A Look Back At 2017's Enviro And Energy Law Developments

    Stacey Mitchell

    2017 has been a year of dramatic shift in United States energy and environmental policy. As the year draws to a close, it’s an apt time to review the key steps taken to achieve President Donald Trump’s campaign goals, assess the impacts of the administration’s actions, and postulate on what may be coming next, say Stacey Mitchell and Kenneth Markowitz of Akin Gump Strauss Hauer & Feld LLP.

  • The Trump Administration’s Move Against SEC Judges

    Daniel Walfish

    The government’s new position on the constitutionality of the U.S. Securities and Exchange Commission’s administrative law judges is more far-reaching and potentially consequential than is generally understood, says Daniel Walfish, a former SEC senior counsel now with Milbank Tweed Hadley & McCloy LLP.

  • Series

    40 Years Of FCPA: The Untold Story Of The Resource Guide

    Charles Duross

    Much has been written about the 2012 "Resource Guide to the U.S. Foreign Corrupt Practices Act," but no one has talked about the behind-the-scenes work that produced the guide — until now, say Charles Duross, former chief of the FCPA Unit at the U.S. Department of Justice, and Kara Novaco Brockmeyer, former chief of the FCPA Unit at the U.S. Securities and Exchange Commission.

  • The Most Noteworthy Class Action Developments Of 2017

    Neal Marder

    This year has seen significant developments in the field of class action litigation. The impact of the U.S. Supreme Court’s Spokeo decision continued to work its way through the courts, the appeals courts have made strides on issues like ascertainability and standing to pursue injunctive relief, and Congress is considering legislation that would alter the class action landscape, say attorneys with Akin Gump Strauss Hauer & Feld LLP.

  • A Quick Look At California's New Housing Bills: Part 2

    Andrew Faber

    California's new housing bills are a step toward addressing the state's affordable housing crisis, but they are not without several deficiencies. There is a distinct lack of state funding for housing, and the bills do not provide for additional California Environmental Quality Act categorical exemptions for housing projects, say Andrew Faber and Michael Branson of Berliner Cohen LLP in the final part of this article.

  • EPA Maintains Renewable Fuel Standard Status Quo, For Now

    Joel Beauvais

    The U.S. Environmental Protection Agency's Renewable Fuel Standard program has been the subject of considerable controversy this year, with important developments across all three branches of government. Joel Beauvais and Steven Croley of Latham & Watkins LLP analyze key elements of two recent EPA actions in this area, and highlight one of the looming questions for the program.

  • Proposed Calif. Anti-Discrimination Regs Cast A Wide Net

    Brian Inamine

    Companies based in California as well as those that do business there should be aware of proposed national origin discrimination regulations, which give teeth to an existing state statute that identifies national origin as a prohibited basis for discrimination, says Brian Inamine of LeClairRyan.