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Public Policy

  • June 18, 2018

    Comey Being Investigated On Trump Memos, Watchdog Says

    Former FBI Director James Comey is being investigated for passing memos on his meetings with President Donald Trump to the press through intermediaries, U.S. Department of Justice Inspector General Michael Horowitz told the Senate Judiciary Committee on Monday.

  • June 18, 2018

    High Court Wants SG's Input In Calif. Foie Gras Ban Suit

    The U.S. Supreme Court asked the solicitor general Monday to weigh in on a challenge to California's ban on selling products made by force-feeding birds, particularly foie gras, seeking the government's views on whether the state rule is preempted by federal law.

  • June 18, 2018

    Gerrymandering Foes Suffer Blow At High Court, For Now

    Opponents of political gerrymandering suffered setbacks Monday after the U.S. Supreme Court refused to strike down electoral maps in Wisconsin and Maryland allegedly drawn to favor one party over the other, but the justices’ narrow rulings mean the issue will almost certainly resurface in the near future.

  • June 18, 2018

    Here's What We Know About FCC Nominee Geoffrey Starks

    The Democrat nominated to fill FCC Commissioner Mignon Clyburn’s recently vacated role at the regulatory agency will be in the hot seat this week, as Senate leaders grill Geoffrey Starks over why he’s qualified to step up to the dais.

  • June 18, 2018

    Mass. Top Court Greenlights Nurse Staffing Ballot Question

    A ballot question limiting the number of patients who can be assigned to a single nurse will be asked to Massachusetts voters this fall after the Massachusetts Supreme Judicial Court on Monday shot down a bid by a group of voters who challenged the question on constitutional grounds.

  • June 18, 2018

    Florida Man Wins High Court Battle Over Retaliatory Arrest

    The U.S. Supreme Court on Monday ruled that the existence of probable cause for an arrest does not eclipse a claim of retaliatory arrest, giving Fane Lozman — houseboat owner, activist and thorn in the side of the city government of Riviera Beach, Florida — his second win in the nation's highest court.

  • June 18, 2018

    SEC Delays Action On NYSE Venue Plan To List Bitcoin ETFs

    The U.S. Securities and Exchange Commission on Friday delayed deciding on a rule change submitted by a New York Stock Exchange venue seeking to list its first two exchange-traded funds based on the value of bitcoin, saying it needs more time to review the proposal.

  • June 18, 2018

    Trump Declares 'Space Force' As New Military Branch

    President Donald Trump on Monday ordered the U.S. Department of Defense to establish a U.S. Space Force as a new branch of the armed forces, saying it would help shore up national security, and signed a directive to improve traffic management in space.

  • June 18, 2018

    High Court To Consider Feds' Hovercraft Ban In Alaska Again

    The U.S. Supreme Court agreed on Monday to review a Ninth Circuit ruling holding that the National Park Service has the right to enforce its hovercraft ban on an Alaska river, setting the high court up to consider the dispute for the second time.

  • June 18, 2018

    US, Canada Ag Leaders Try To Play Nice Amid Trade Tensions

    The top agricultural officials for the U.S. and Canada did their best to patch up their nations’ trade relationship Friday, mere days after President Donald Trump publicly blasted Prime Minister Justin Trudeau at the G7 summit for Ottawa’s tight restrictions on its dairy sector.

  • June 18, 2018

    Tribes Want Indian Child Welfare Act Challenge Nixed

    The Cherokee Nation and other Native American tribes on Friday asked for a quick win in a suit from various states and some foster families challenging the Indian Child Welfare Act, saying the parties bringing the suit are trying to undo decades of progress.

  • June 18, 2018

    'Millionaires' Tax' Ballot Question Nixed By Mass. Top Court

    The Massachusetts Supreme Judicial Court on Monday issued a split decision striking the so-called millionaires' tax from the November ballot, with the majority saying the question was unconstitutional since it posed multiple, unrelated questions rolled into a single initiative.

  • June 15, 2018

    Minority Lawyers On Why They Left BigLaw

    Despite the proliferation of diversity committees and inclusion initiatives, corporate law firms remain overwhelmingly white and male, especially at leadership levels. Here, minority attorneys discuss their reasons for leaving a large firm.

  • June 15, 2018

    Taking On The ‘Petri Dish’ Of BigLaw Bias

    The often-informal processes for deciding matters like compensation at law firms can create, as one expert put it, a “petri dish” for the effects of unconscious bias. Here’s how some firms are looking to shake up the system.

  • June 15, 2018

    The Best Firms For Minority Attorneys

    While U.S. law firms have long vowed to make their ranks more diverse and inclusive, the industry has long failed to deliver on those promises. Here are the firms making some headway, according to this year’s Diversity Snapshot.

  • June 15, 2018

    Law360’s Diversity Snapshot: By The Numbers

    Efforts to increase diversity have again yielded few meaningful changes in law firm demographics, according to Law360’s annual headcount survey, even as law schools continue to enroll students of color in increasing numbers.

  • June 15, 2018

    Law360’s Pro Say: What BigLaw Should Do About Diversity

    For years law firms have had programs aimed at increasing attorney diversity, but nothing is working. On this week’s Pro Say podcast we take a look at our latest survey of diversity at law firms, and unpack what experts say are the things that could actually move the needle on this issue.

  • June 15, 2018

    Walgreens' Dual Role Helped Spur Ky. Opioid Crisis, AG Says

    Walgreens helped spread unneeded opioids throughout Kentucky as both pharmacy chain and distributor, the state's attorney general said in a lawsuit filed Thursday, allegedly cultivating a public health nightmare that has killed Kentuckians, defrauded Medicaid and spurred an armed-robbery epidemic.

  • June 15, 2018

    FTC Backs Flexible Approach To Regulating Internet Of Things

    The Federal Trade Commission on Friday weighed in on the Consumer Product Safety Commission's efforts to better understand the emerging world of internet-connected devices, cautioning that any new standards should be flexible and publicly accessible and urging the CPSC not to overlook the link between poor security practices and potential safety risks. 

  • June 15, 2018

    Trump Throws A Curve With Two-Pronged Tariff Approach

    President Donald Trump’s decision to impose punitive tariffs on Chinese technology in a squabble over intellectual property policy arrived with a wrinkle as the administration primed one set of duties for July while keeping another batch for the future, adding a new layer of intrigue to the sprawling trade fight.

Expert Analysis

  • Congressional Forecast: June

    Layth Elhassani

    In advance of their week-long July 4 recess, members of Congress are pursuing a busy legislative schedule, focused on the fiscal year 2019 National Defense Authorization Act and other appropriations bills, reform of export controls, immigration and border security and the farm bill authorization, says Layth Elhassani of Covington & Burling LLP.

  • Conn. Bets On 'Kill Quill' Camp With New Amazon Tax

    Kelly O'Donnell

    A Connecticut bill signed into law last week seeks to expand the conditions under which out-of-state retailers must collect and remit Connecticut sales tax. However, if the existing physical presence requirement, established by Quill v. North Dakota, is upheld by the U.S. Supreme Court in South Dakota v. Wayfair, the new reach of the Connecticut bill will almost certainly be considered unconstitutional, says Kelly O'Donnell of Pullman & Comley LLC.

  • FTC In Full Force: What To Expect From New Leadership

    Lucy Morris

    While headlines proliferate about the recent political shake-ups at the nascent Consumer Financial Protection Bureau, the century-old Federal Trade Commission, with less fanfare, finally has a full slate of five commissioners for the first time since 2015, say Lucy Morris and Kavitha Subramanian of Hudson Cook LLP.

  • Series

    FLSA Turns 80: The Divide Over Joint Employment Status

    Jason Schwartz

    The basic and threshold issue of who constitutes an “employer” under the Fair Labor Standards Act often has proven surprisingly difficult to resolve, especially in cases involving allegations of “joint employer” status. Over the past few decades a clear divide has developed and widened across the circuits on the proper test for determining this status, say Jason Schwartz and Ryan Stewart of Gibson Dunn & Crutcher LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • DEA Hemp Rule Is Safe For Now, But That May Change

    Joshua Mandell

    The Ninth Circuit recently rejected an industry challenge to a U.S. Drug Enforcement Administration rule classifying cannabidiol medicines as Schedule 1 drugs. This decision might chill the CBD boom taking place around the country, but could also spur action at the federal level that would supersede the DEA's rule, say attorneys at Akerman LLP.

  • NJ Partnerships End Up Winners In Tax Court Decision

    Jaime Reichardt

    New Jersey limited partnerships, pass-through entities and their respective partners or members may have significant refund opportunities in light of the state tax court's recent holding in National Auto Dealers Exchange LP v. Director, Division of Taxation, says Jaime Reichardt of Sills Cummis & Gross PC.

  • What To Expect After CFPB's Student Loan Office Reorg

    James Williams

    The Consumer Financial Protection Bureau recently announced plans to fold the Office of Students into the Office of Financial Education. While this move has been described as signaling a major shift in the CFPB’s approach to the student loan market, it may have less of a monumental impact on the regulation of that market than expected, say attorneys with Mayer Brown LLP.

  • Series

    FLSA Turns 80: The Tip Credit Is Here To Stay

    Liz Washko

    As an amendment to the Fair Labor Standards Act's tip credit provisions, President Donald Trump recently signed a bill that included the Tip Income Protection Act. Liz Washko of Ogletree Deakins Nash Smoak & Stewart PC discusses the recent changes to the law, as well as the history of the tip credit, its requirements and potential pitfalls for employers paying a tip credit wage.

  • Amended Fiduciary Rule: Done, Done, On To The Next One

    Andrew Oringer

    The deadline for appealing the Fifth Circuit's decision on the amended fiduciary rule to the U.S. Supreme Court expired on June 13, and — pending the Fifth Circuit's mandate ordering the U.S. Department of Labor to officially strike it down — the rule is no more. So, what now? Will the clock be turned back to an earlier time? Maybe not completely, say Andrew Oringer and Aryeh Zuber of Dechert LLP.