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Public Policy

  • December 15, 2018

    Interior Head Zinke Exits Amid Ethics Investigations

    U.S. Department of the Interior head Ryan Zinke has resigned from the agency amid several ethics investigations, leaving a legacy of support for increased domestic energy production and greater access to federal lands for industry and hunters, along with big rollbacks of environmental and endangered species protections.

  • December 14, 2018

    SG Rips 'Routine' Nationwide Injunctions Of Trump Policies

    U.S. Solicitor General Noel Francisco on Thursday went after the “disturbing but accelerating trend” of trial courts striking down President Donald Trump's policies with nationwide injunctions while trying to preserve the military’s recent transgender ban in new filings to the U.S. Supreme Court.

  • December 14, 2018

    Tech Cos. Should Heed Same Privacy Rules As Attys: Sens.

    A group of Democratic senators is taking the latest stab at enshrining consumer privacy protections at the federal level, proposing legislation that would establish a fiduciary duty for online companies to responsibly use and safeguard personal information, as privacy groups continue to push Congress not to displace stronger state laws with their legislative efforts. 

  • December 14, 2018

    Tribal Hunting Right Outlasted Wyo. Statehood, Justices Told

    A Crow tribe member pressed the U.S. Supreme Court on Thursday to throw out his state court conviction for elk hunting in Wyoming's Bighorn National Forest, arguing that Wyoming’s statehood didn’t erase the tribe’s treaty right to hunt and that a circuit court ruling to that effect has been torpedoed by the high court.

  • December 14, 2018

    Girl's Death In Border Patrol Custody Sparks DHS OIG Inquiry

    The U.S. Department of Homeland Security's Office of Inspector General announced Friday that it would launch an investigation into a 7-year-old girl's recent death due to dehydration and exhaustion while in U.S. Customs and Border Protection custody.

  • December 14, 2018

    No IRS Project On Guarantee Pricing, Treasury Official Says

    The U.S. Treasury Department and the Internal Revenue Service aren’t working on transfer pricing regulations that cover the pricing of guarantees in cross-border financing arrangements, a Treasury official said Friday in sharing the government’s current thinking.

  • December 14, 2018

    House Dems Press For CFPB Military Lending Oversight

    The likely next chair of the House Financial Services Committee and nearly two dozen other Democrats urged the Consumer Financial Protection Bureau’s new director on Friday to proactively supervise firms for compliance with servicemember lending rules, calling her predecessor’s reported pullback plans "nothing less than a dereliction of duty."

  • December 14, 2018

    Texas Judge Strikes Down Entire ACA

    In a shocking decision, a Texas federal judge ruled late Friday that the entire Affordable Care Act must be invalidated because its individual mandate, a cornerstone of the landmark law, will soon become unconstitutional.

  • December 14, 2018

    Gray, Raycom Must Divest TV Stations Before $3B Merger

    The U.S. Department of Justice announced Friday that it will require Gray Television Inc. and Raycom Media Inc. to divest broadcast television stations in nine markets as a condition of resolving its challenge to the proposed $3.65 billion merger between the media companies.

  • December 14, 2018

    Trump Asylum Rule Should Be Blocked, Sens. Tell Court

    A D.C. federal court should enter an order temporarily barring the federal government from implementing President Donald Trump’s bid to strip asylum eligibility from migrants who cross the southern border outside a designated port of entry, seven Democratic U.S. senators said Thursday.

  • December 14, 2018

    Cable Cos. Continue Push For Conservative C-Band Clearing

    The American Cable Association is urging the Federal Communications Commission to take a conservative approach in its plans to clear the C-band, saying that if not handled carefully, companies already using the band could be harmed.

  • December 14, 2018

    ‘No Need’ To Delay CVS-Aetna Merger, DOJ Says After Rebuke

    The U.S. Department of Justice urged a D.C. federal judge Friday not to keep CVS and Aetna apart while reviewing a proposed merger settlement the judge had blasted as having been pushed through without adequate judicial scrutiny, arguing that a delay is unnecessary and beyond the court’s authority.

  • December 14, 2018

    The Biggest Telecom Cases Of 2018

    2018 was an action-packed year for telecom-related litigation that included a closely watched appeal of the government's rollback of net neutrality, fallout over the failed Sinclair-Tribune megamerger and a contentious trial over AT&T’s bid to acquire Time Warner. Here, Law360 reviews those and other high-profile cases from the past 12 months and outlines what they mean for the telecom industry’s legal landscape.

  • December 14, 2018

    Pa.'s Challenge To Birth Control Rules Cleared To Proceed

    A Pennsylvania federal judge has given the state the go-ahead to seek a second injunction against Trump administration rules that weaken the Affordable Care Act’s birth control mandate, lifting a stay in the case Friday.

  • December 14, 2018

    WTO Upholds US 'Dolphin-Safe' Tuna Label Criteria

    The World Trade Organization's Appellate Body on Friday signed off on a set of revised "dolphin-safe" labeling criteria for tuna sold in the U.S., ending a decadelong dispute with Mexico over whether the United States' labeling conditions are discriminatory and out of line with several global trade agreements.

  • December 14, 2018

    ITC Probing Whether Car Emissions Systems Infringed IP

    The U.S. International Trade Commission has launched an investigation into foreign imports of car emissions control systems, following accusations from chemical company Ingevity Corp. that MAHLE Filter Systems North America Inc. and several foreign producers ship filter systems products into the U.S. that rip off Ingevity’s intellectual property.

  • December 14, 2018

    9th Circ. Pares Nationwide Block Of ACA Birth Control Rules

    A split Ninth Circuit panel has narrowed a lower court’s nationwide ban on Trump administration rules exempting employers with moral or religious objections from providing birth control coverage otherwise required by the Affordable Care Act, but agreed that the states’ Administrative Procedure Act claims were likely to succeed.

  • December 14, 2018

    Tesla Reaches Cap On Electric Vehicle Credit, IRS Says

    By selling more than 200,000 electric vehicles during the third quarter of 2018, Tesla Inc. reached the threshold triggering a phaseout of the $7,500 tax credit available to consumers, the Internal Revenue Service announced Friday.

  • December 14, 2018

    Senate Approves Gila River, Leech Lake Indian Country Bills

    The U.S. Senate on Thursday passed bills that clarify the boundary of the Gila River Indian Community, transfer land to the Leech Lake Band of Ojibwe and amend the 1947 Stigler Act to remove a blood quantum requirement for heirs to allotted lands of the so-called Five Civilized Tribes of Oklahoma.

  • December 14, 2018

    Farm Bill Expansion Will Speed Rural Broadband, Redl Says

    A $600 million loan and grant program tucked into the $867 billion farm bill that passed Wednesday will dedicate much-needed resources to rural broadband infrastructure, National Telecommunications and Information Administration head David Redl said Thursday.

Expert Analysis

  • State Net

    New Year, New Opportunities For State Governments

    Lou Cannon

    While gridlock may prevail between the Democratic House and GOP Senate in Washington next year, it will be another story at the state level. For the first time since 1914, a single political party will control both chambers of every legislature except one, says Lou Cannon of State Net Capitol Journal.

  • Opinion

    WTO Members Must Adopt A Climate Waiver

    James Bacchus

    To further carbon pricing, and to facilitate the transition to a green global economy, members of the World Trade Organization should permit "climate waivers" by which countries can restrict trade based on the amount of greenhouse gases used or emitted in the making of a product, says James Bacchus of the Centre for International Governance Innovation.

  • How The GDPR Changed Data Privacy In 2018

    Jessica Lee

    The European Union General Data Protection Regulation became enforceable on May 25, 2018, bringing in a flurry of privacy notice updates, the shutdown of certain EU-facing websites and advertising activities, and a good amount of heartburn for companies within its territorial scope, says Jessica Lee of Loeb & Loeb LLP.

  • The New Water Rule And Its Potential Ripple Effect

    Christopher Thomas

    If the Trump administration's proposal to dramatically reduce the number of U.S. waterways subject to Clean Water Act jurisdiction ultimately carries the day it will have a host of cascading consequences, say Christopher Thomas and Andrea Driggs of Perkins Coie LLP.

  • Guest Feature

    The Subtle Art Of Fred Fielding

    Fred Fielding

    He was White House counsel to two presidents. When Reagan was shot, he explained the chain of command to a four-star general. And until a few years ago, many people still thought he was Deep Throat during the Watergate scandal. Fred Fielding of Morgan Lewis & Bockius may be the quintessential Washington insider. White and Williams attorney Randy Maniloff learned more.

  • What We Heard At The FTC Hearings: Day 14

    Barry Reingold

    The eighth hearing in the Federal Trade Commission’s series on competition in the 21st century addressed concerns that stock holdings by institutional investors of noncontrolling interests in competing portfolio companies may have anti-competitive effects. Barry Reingold of Perkins Coie LLP offers some key takeaways.

  • The TSA's Road Map For Aviation Cybersecurity

    Norma Krayem

    The recent release of the U.S. Transportation Security Administration's cybersecurity road map is the culmination several years of discussion to determine which U.S. government agency should be responsible for regulating and managing cybersecurity risks in the aviation industry, says Norma Krayem of Holland & Knight LLP.

  • How Brexit May Change UK Food Labeling Rules

    Ravi Randhawa

    Producers and distributors of food products in the U.K. will be pleased to know that, should there be a no-deal Brexit, they may not need to change food labels and packaging from day one, as the government is proposing grace periods for some required labeling changes, says Ravi Randhawa of Gowling WLG.

  • Fla. Amendment 6 Levels The Playing Field For Taxpayers

    Mark Holcomb

    Florida Amendment 6, passed this November, ends the state’s long-standing doctrine of judicial deference to agency interpretation of the law, which has figured prominently in the development of Florida tax law, say attorneys from Dean Mead Egerton Bloodworth Capouano & Bozarth PA.

  • Opinion

    Pregnancy Discrimination Protections: We Can Do Better

    Craig Barkacs

    Despite strides toward eliminating workplace pregnancy discrimination in recent decades, protections are still not sufficiently established in our business culture or legal structure, says Craig Barkacs of University of San Diego School of Business.