Public Policy

  • January 19, 2017

    Obama Leaves Mixed Immigration Legacy

    When President Barack Obama leaves office on Friday, he’ll be leaving behind a mixed legacy on immigration, having overseen a record number of deportations and controversial detention practices, while helping to temporarily protect DREAMers and update some policies on legal immigration.

  • January 19, 2017

    In The Polarized Era Of Trump, BigLaw Searches For Balance

    The alignment of law firms with or against the new administration in legal battles to come could open rifts among attorneys and clients. But the publicity earned for taking on a potentially unpopular case could ultimately be worth any public fallout.

  • January 19, 2017

    Rolling Back Regulation In The Age Of Trump

    The incoming president’s plans to rein in the power of federal agencies will lead to uncertainty for lawyers and their clients as pending investigations and rulemaking are stopped in their tracks.

  • January 19, 2017

    Most Influential Judges On Trump’s Supreme Court Short List

    A new look at the potential U.S. Supreme Court nominees’ rulings reveals a ranking of judicial influence with some surprises at the top — and at the bottom.

  • January 19, 2017

    The Lawyer Who Will Shape Trump’s Presidency

    Jones Day’s Donald McGahn is stepping into the role of White House counsel, a powerful but little-understood position that has a strong history of impacting the president’s authority.

  • January 19, 2017

    IRS Finalizes Fracking Service Income Tax Treatment Rules

    The Internal Revenue Service issued final regulations Thursday leaving largely intact its proposed rules on qualifying income from service providers to the oil and gas industry for master limited partnership treatment, which explicitly granted fracking services access to the favorable tax status.

  • January 19, 2017

    Ex-Speaker Hastert Sues To Reclaim Sex Abuse Hush Money

    Former House Speaker Dennis Hastert struck back Wednesday at a civil suit filed by the sexual abuse victim whose accusations helped send the politician to prison, saying that the unnamed individual should return the $1.7 million Hastert paid to keep him silent.

  • January 19, 2017

    Trump Treasury Secretary Pick Pushes For Tax Overhaul

    Major tax changes could soon be in the works under U.S. Department of the Treasury nominee Steven Mnuchin, who told a Senate panel on Thursday that President-elect Donald Trump’s tax plans would be aimed at a lower business tax rate, as well as restructuring the Internal Revenue Service and massive capital repatriation.

  • January 19, 2017

    'Downwind' States Defend Cross-State Air Pollution Regs

    New York and five other “downwind” states urged the D.C. Circuit on Thursday to let them help defend the U.S. Environmental Protection Agency’s cross-state air pollution regulations from suits brought by upwind states and the energy industry, saying the quality of their air depends on making sure the rule isn’t delayed.

  • January 19, 2017

    NY AG Issues Guidance For Immigration 'Sanctuary' Sites

    New York’s attorney general on Thursday released a set of guidelines that local law enforcement may choose to follow should they opt to serve as "sanctuaries" and not cooperate with federal efforts to enforce immigration regulations against those unauthorized to be in the U.S.

  • January 19, 2017

    Privacy Group Presses FBI On Russia's Election Hacking

    The Electronic Privacy Information Center hit the FBI with a lawsuit in D.C. federal court Wednesday, seeking more information on how the agency reacted to reports that the Russian government was attempting to tamper with the U.S. presidential election, a response the group asserted has been characterized as "lax" and "possibly negligent."

  • January 19, 2017

    Mnuchin Offers Softer Tone On Trade, Countering Trump

    For the second day in a row, one of President-elect Donald Trump’s cabinet appointees took steps to blunt Trump’s more aggressive trade stances, as Treasury pick Steven Mnuchin assured senators Thursday the new administration would be judicious in administering punitive tariffs.

  • January 19, 2017

    IRS Gives Guidance For Foreign Partnership, Trust Pacts

    The Internal Revenue Service on Thursday put into effect updates to withholding guidelines for income from foreign partnership and trust agreements, updating regulations on the agreements put in place in 2014.

  • January 19, 2017

    FCC Claims Role In Internet Of Things, Other Cybersecurity

    The Federal Communications Commission on Wednesday rolled out a white paper on reducing cybersecurity risks, saying that the FCC has tools to restore a balance between corporate and consumer interests in managing risk if the market fails.

  • January 19, 2017

    House, SEC End Health Care Insider Trading Subpoena Row

    The House Ways and Means Committee and the U.S. Securities and Exchange Commission have officially ended their battle over the latter’s bid to subpoena an erstwhile committee staffer in a health care insider trading probe, just two months after the committee dropped its appeal.

  • January 19, 2017

    5 Takeaways From Mnuchin's Treasury Confirmation Hearing

    Banks and other financial market players got mixed signals about the incoming Trump administration’s plans for financial regulation at Thursday's sometimes testy confirmation hearing for Steven Mnuchin, the president-elect's pick for Treasury chief. Here are five key takeaways from the hearing.

  • January 19, 2017

    Inmate Call Case Stays On Track Amid Looming FCC Changes

    The D.C. Circuit refused Wednesday to pause a challenge to the Federal Communications Commission's attempt to reform inmate calling rates, even as one judge dissented given the coming shift to a new Republican majority at the commission that took issue with the Obama era-move.

  • January 19, 2017

    Obama's Broadband Legacy Safe, Despite Net Neutrality Woes

    President Barack Obama’s time in office was marked by unparalleled innovations in telecommunications technology, and experts say his policy legacy in this area will lie in expanding broadband deployment and clearing spectrum for wireless use, even as the fate of linchpin net neutrality rules hangs in the balance.

  • January 19, 2017

    IRS Places Limits On Foreign Partnership Transfers

    Certain transfers of property to a partnership with a foreign partner that typically resulted in nonrecognition of gain or loss by the Internal Revenue Service will no longer be treated as such, according to regulations the agency released on Wednesday.

  • January 19, 2017

    Treasury Weighs In On Border Adjustment Tax

    A U.S. Department of the Treasury study, released Wednesday, on a novel tax reform strategy being touted by some Republican lawmakers found that a border adjusted tax framework could have yielded a larger tax base than the current system between 2004 and 2013.

Expert Analysis

  • DOJ Narrows Paths To Immunity For Antitrust Crimes

    Elizabeth Prewitt

    The U.S. Department of Justice Antitrust Division’s leniency program is unique — no other DOJ component offers similar nonprosecution protections for corporations or individuals. Therefore, new guidance released this week limiting pathways to leniency could be seen as part of the outgoing Obama administration’s desire to render this program less of an outlier, say attorneys with Hughes Hubbard & Reed LLP.

  • Government Contracts Under The Trump Administration

    Joseph R. Berger

    President-elect Donald Trump will usher in a new era for government contractors, much like Presidents Barack Obama, George W. Bush and Bill Clinton before him. Joseph Berger of Thompson Hine LLP discusses 10 areas to watch.

  • Not What I Signed Up For: California’s New Autograph Law

    Daniel Fong

    A new California law requires a certificate of authenticity for all autographed items sold by dealers for over $5. Assemblywoman Ling Ling Chang addressed concerns over potential overreach by clarifying that the law was not meant to affect the autographed book and art market. However, courts are not bound to give any credence to those statements, say Daniel Fong and Robert Darwell of Sheppard Mullin Richter & Hampton LLP.

  • Attracting And Retaining The Millennial Lawyer

    Christopher Imperiale

    Instead of trying to change the new workforce to follow a law firm's existing processes and procedures, perhaps it's time for firms to start changing their processes and procedures to better accommodate the mentality of this next generation of lawyers, says Christopher Imperiale, a law firm adviser with Berdon LLP.

  • A Look At The Next 4 Years In Indian Affairs

    Matthew L.M. Fletcher

    The three previous Republican administrations can be characterized by negative views about federal public lands and federal trust responsibility to Indians and tribes. If more of the same can be expected from the new administration, Indian tribes will have to play defense against federal interventions in their affairs, says Matthew Fletcher of Michigan State University College of Law.

  • The New IP Antitrust Licensing Guidelines' Silence On SEPs

    Kelly Smith Fayne

    The new intellectual property licensing guidelines from the Federal Trade Commission and the U.S. Department of Justice — the first update in more than 20 years — largely adopted the revisions proposed last August. Despite requests during the comment period, the agencies did not make any changes to address standard-essential patents directly, say Kelly Smith Fayne and Joshua Holian of Latham & Watkins LLP.

  • Obama's Pro-Union Impact On NLRB Won't Retire Quickly

    Adam C. Abrahms

    In recent years the National Labor Relations Board has extended its reach into employer operations with controversial decisions that have departed from long-standing precedent. However, while employers may hope the new administration might stop this expansion, with current board members and the general counsel still in office for some time, relief may be slow to come, say Adam Abrahms and Christina Rentz of Epstein Becker & Green PC.

  • Trump's EPA: Be Careful What You Wish For

    Mitchell J. Klein

    Trying to prognosticate what President-elect Donald Trump will do is very difficult. But assuming he does seek to implement change at the U.S. Environmental Protection Agency, if it's perceived as backing off of environmental enforcement, private parties will step in and cases will likely be even more expensive, more problematic and more unreasonable than those brought by the EPA and the states, says Mitchell Klein of Snell & Wilmer LLP.

  • Health Care Enforcement Review And 2017 Outlook: Part 4

     Brian P. Dunphy

    In this final installment of our review and outlook series, we analyze health care enforcement trends gathered from 2016 civil settlements and criminal resolutions of health care fraud and abuse cases. Behind the headlines covering enormous recoveries in 2016, several themes are apparent, say attorneys at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • The Trump Administration And Nuclear Energy

    David Repka

    Nuclear energy has fallen on hard times in the United States. Operating costs are high, while natural gas is abundant and cheap. So what will the Trump administration mean for nuclear generation? The president-elect seems uninterested in carbon-free nuclear power as a means to fight climate change, but job creation could justify the construction of new nuclear plants, say David Repka and Tyson Smith of Winston & Strawn LLP.