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Public Policy

  • October 15, 2018

    Oil & Gas Development Goes On Trial With Colo. Votes

    2nd edited ----------- hold for Jess's OK before pubbing------------Energy issues will dominate the ballot box in Colorado this fall as voters weigh a proposal that the oil and gas industry warns could stymie new development in the state and an opposing initiative that public officials fear could handcuff state and local oversight of the sector. Tomorrow, Law360 will take a look at four other energy proposals on the ballots for Western-state voters.

  • October 12, 2018

    Will The Future Of The Supreme Court Bar Be Female?

    While women have made significant inroads into the elite world of U.S. Supreme Court advocacy, last term the number of women arguing at the court hit a decade low. Was it an off year? Or a sign of progress stalled? (This article is the first in a series examining the gender gap among high court advocates.)

  • October 12, 2018

    Supreme Court Women: A Vet & 1st-Timer Talk Gender Disparity

    In exclusive on-camera interviews with Law360, the most prolific female U.S. Supreme Court advocate of the past decade and a first-timer reflect on the status of women in a field still dominated by men. (This article is part of a series examining the gender gap among high court advocates.)

  • October 12, 2018

    91% Of Judges Fear For Courts' Independence, Survey Shows

    At least nine out of 10 judges said in a recent survey that judicial independence is under siege, primarily from the politicization of the courts, but also from skewed media reporting, budget cuts and outside money spent on judicial elections, among a host of other factors.

  • October 12, 2018

    Web's Sophistication Doesn't Fit Title II Box, FCC Argues

    The Federal Communications Commission is building its case that it rightly overturned Obama-era net neutrality rules and changed the regulatory classification of web services, telling the D.C. Circuit in an opening brief that the internet's sophisticated functions are best described as a Title I information service instead of a Title II utility.

  • October 12, 2018

    DOJ Criminal Head Inks Monitor Memo, Axes Compliance Role

    The head of the U.S. Department of Justice's Criminal Division on Friday announced a new policy on what prosecutors must consider before imposing a monitorship and said the DOJ would look to hire prosecutors with compliance experience instead of finding a new corporate ethics counsel.

  • October 12, 2018

    Susan Estrich Bolts Quinn Emanuel For Boies Schiller

    Boies Schiller Flexner LLP has snagged as partner feminist legal scholar Susan Estrich, who has spent much of her career advocating for legal reform surrounding sexual assault while also taking heat for representing controversial figures in the #MeToo movement.

  • October 12, 2018

    Ex-NY Senate Boss Asks For Light Sentence After Conviction

    Former New York State Senate Majority Leader Dean Skelos asked a New York federal judge on Friday to give him a sentence of less than two years in light of his life of public service, the needs of his two autistic grandchildren, and the consequences he’s already suffered as a result of his two convictions.

  • October 12, 2018

    CFPB On Right Track With 'Sandbox,' Trade Groups Say

    The Consumer Financial Protection Bureau’s “disclosure sandbox” proposal is a step in the right direction for promoting consumer-friendly innovation in financial disclosures, a number of industry trade groups and Republican state attorneys general say, but consumer advocates and some Democratic attorneys general warn that the idea goes too far and puts consumers at risk.

  • October 12, 2018

    Senate Confirms A Slate Of DOD Nominees

    The U.S. Senate confirmed several nominees for senior U.S. Department of Defense roles, including a new admiral who will lead the DOD’s South American operations, despite concerns previously raised about his contact with the figure at the center of “Fat Leonard” bribery scandal.

  • October 12, 2018

    FCC Revives Cap On 'In-Kind' Cable Fees Axed By 6th Circ.

    The Federal Communications Commission, in a proposed rulemaking scheduled for publication in the Federal Register on Monday, says that so-called in-kind contribution requirements relating to cable services within cable franchising agreements should be treated as franchise fees and capped under the Communications Act.

  • October 12, 2018

    Sanctuary Policies Vital To People Of Philly, 3rd Circ. Told

    Eight immigrant aid nonprofits urged the Third Circuit on Friday to uphold a Pennsylvania federal court ruling barring the Trump administration from denying Philadelphia federal public safety grants on the basis of its sanctuary policies, arguing that the policies have reduced crime and expanded the reach of social services.

  • October 12, 2018

    Can The DOJ Speed Merger Reviews? It’s Tried Before

    Antitrust experts are cautiously optimistic when it comes to the U.S. Department of Justice Antitrust Division’s latest plan to speed merger reviews — with good reason.

  • October 12, 2018

    Telehealth Pilot Needn't Fund New Infrastructure, FCC Told

    Health care and broadband providers are urging the Federal Communications Commission to focus its $100 million telehealth pilot program on existing connections, as well as investing in internet-enabled applications and services, instead of using the program to build out new connections.

  • October 12, 2018

    DOD Tossed 500 Recruits In Expedited Citizenship Program

    The U.S. Department of Defense discharged in the space of a year more than 500 recruits who joined the military through a program meant to provide an expedited pathway to citizenship, according to recently unsealed records filed in consolidated class actions challenging those discharges and delays in the citizenship process.

  • October 12, 2018

    NJ Files Suit Over Unfilled FOIA Request For Drilling Docs

    New Jersey has sued the U.S. Department of the Interior in D.C. federal court over a months-old Freedom of Information Act request for documents related to Interior Secretary Ryan Zinke’s allegedly special treatment of Florida that New Jersey says has been left to languish.

  • October 12, 2018

    7th Circ. Ends Ill. Property Owners' Tax Bout With County

    The Seventh Circuit has affirmed a lower court’s dismissal of a class action by property owners against a county in Illinois for disproportionately increasing taxes on industrial and commercial properties by about $12.2 million, finding a legal doctrine barred the suit.

  • October 12, 2018

    Alaska Hunter Says Feds Can't Justify Hovercraft Ban

    An Alaska moose hunter pressed the U.S. Supreme Court to overturn a Ninth Circuit decision backing the National Park Service’s right to apply its hovercraft ban on an Alaska river, saying the Alaska National Interest Lands Conservation Act was intended to block the agency’s authority over waters in the state it doesn’t own.

  • October 12, 2018

    DOJ Still Targeting Sanctuary Cities On Safety Grant: Suit

    The Trump administration is unconstitutionally imposing new as well as previously blocked conditions on a public safety grant that are being used to force so-called sanctuary cities to comply with federal immigration policy, the city of Chicago said in a lawsuit Friday.

  • October 12, 2018

    US Appeals To 9th Circ. To Stay Kids' Climate Change Suit

    The federal government urged the Ninth Circuit on Friday to delay a suit accusing it of failing to protect future generations from the effects of climate change pending a U.S. Supreme Court appeal, doubling down on a stay request to the district court as the scheduled trial date approaches.

Expert Analysis

  • A Call For Relativity In Patent Remedies

    Daniel Brean

    For the benefit of all stakeholders in the patent system, litigants, experts and judges should pay closer attention to claim scope and type when assessing infringement remedies. Not every claim is of equal technological or societal value, nor is infringement of every claim equally harmful to the patent owner, says Daniel Brean of the University of Akron School of Law.

  • Preap High Court Argument Focused On Immediacy Of 'When'

    Kevin Johnson

    Kevin Johnson, dean of UC Davis School of Law, discusses the U.S. Supreme Court oral argument in Nielson v. Preap, a case presenting the statutory question of whether an immigrant can be subject to mandatory detention by the federal government if significant time has elapsed after his release from state criminal custody.

  • Sweeping Business Tax Changes Continue In New Jersey

    David Gutowski

    As part of Gov. Phil Murphy’s efforts to “modernize” business taxes, New Jersey recently enacted significant changes to its corporation business tax — furthered by a bill the governor signed on Oct. 4. Meant to provide only "technical corrections," the bill includes even more substantive tax changes, say attorneys from Reed Smith LLP.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Why Tofurky Has A Beef With Missouri's Meat Labeling Law

    James Lawrence

    Missouri recently became the first state in the union to enact a ban on labeling products as “meat” unless they are “derived from harvested product livestock or poultry.” But the company that makes Tofurky has already filed suit in federal court to challenge the new law's constitutionality, says James Lawrence of Michael Best & Friedrich LLP.

  • Opinion

    USPTO's Shift On AIA Claim Construction Is A Mistake

    Joshua Landau

    The U.S. Patent and Trademark Office's rule change on the broadest reasonable interpretation standard may be within the scope of the director’s powers, but it is contrary to the congressional understanding of inter partes review, to the U.S. Supreme Court’s reasoned consideration of the topic, and to sound public policy, says Joshua Landau of the Computer & Communications Industry Association.

  • Setting The Odds On Massachusetts Gambling Legislation

    Katherine Guarino

    In the wake of the U.S. Supreme Court's decision in Murphy v. NCAA, Massachusetts has shown restraint with respect to expanding legalized gambling to include sports betting. However, the state Legislature is likely to seriously consider enacting a bill on sports betting in the 2019-2020 session, say Katherine Guarino and Warren Myers of Locke Lord LLP.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Is CFPB Curtailing Its Own Supervisory Authority?

    Keith Bradley

    The Consumer Financial Protection Bureau recently announced plans to stop conducting supervisory examinations for violations of the Military Lending Act. The broader implications of this decision could lead to company push back on a wide range of supervisory activity by the CPFB, says Keith Bradley of Squire Patton Boggs LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.