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Public Policy

  • January 23, 2019

    Manafort Disputes Plea Breach, Ordered To Attend Hearing

    Former Donald Trump presidential campaign chairman Paul Manafort said Wednesday his faulty memory should not be equated to a plea agreement-violating lie as a D.C. federal judge ruled that he must show up for his Friday hearing rather than let his attorneys handle it.

  • January 23, 2019

    Justices Urged To Pause Evidence Dispute In Census Suit

    The federal government has told the U.S. Supreme Court that it should defer consideration of whether to dismiss an evidentiary dispute in a suit challenging the inclusion of a question about citizenship status on the 2020 census.

  • January 23, 2019

    House Passes Bill Inviting Researchers To Hack State Dept.

    The U.S. House of Representatives has resoundingly passed a bipartisan bill that would direct the State Department to invite security researchers to expose flaws in its digital defenses in exchange for rewards.

  • January 23, 2019

    Kraft Heinz, Others Pay $1.4M In Fines To Calif. Air Watchdog

    California’s air-quality watchdog has imposed $1.4 million in fines on three makers of cleaning liquids that emitted dangerous levels of toxins, it said Wednesday.

  • January 23, 2019

    Gossamer Bio Seeks $230M IPO Amid Government Shutdown

    Biotechnology firm Gossamer Bio Inc. on Wednesday disclosed pricing details for a $230 million initial public offering, using an unconventional route that allows companies to go public without the usual green light from the U.S. Securities and Exchange Commission, which is operating with a skeleton staff during the government shutdown.

  • January 23, 2019

    Cohen Nixes Congressional Hearing Over Trump 'Threats'

    Michael Cohen will not appear at a scheduled hearing before a House panel next month in light of “ongoing threats against his family” from President Donald Trump, Cohen’s lawyer said Wednesday, casting uncertainty over the longtime Trump attorney’s testimony about crimes he committed in dealings with the president.

  • January 23, 2019

    Miami's $1B Plan For MLS Stadium Faces Renewed Challenge

    A Miami attorney who previously filed an ethics complaint over soccer legend David Beckham and Miami businessman Jorge Mas’ no-bid plan to replace the city’s public golf course with a $1 billion stadium-entertainment project has renewed his challenge in a pair of lawsuits made available Wednesday. 

  • January 23, 2019

    Trump Administration Appeals Birth Control Rule Block

    The Trump administration on Wednesday sought Third Circuit review of a Pennsylvania federal court’s nationwide preliminary injunction barring moral- or religious-based employer exclusions from the Affordable Care Act’s birth control coverage mandate.

  • January 23, 2019

    State Of The Union Invite Rescinded As Shutdown Continues

    With the partial federal government shutdown likely to extend into next week as the logjam continued on Wednesday, House Speaker Nancy Pelosi canceled President Donald Trump's invitation to deliver the State of the Union during the funding lapse.

  • January 23, 2019

    Bill Roundup: Legalizing Farmworkers, DACA Data Privacy

    Despite the federal government shutdown over President Donald Trump’s immigration enforcement demands, Democrats have recently introduced legislation that would offer a path to legal status for immigrant farmworkers, support Temporary Protected Status for Haitians, and establish privacy protections and new employment opportunities for Deferred Action for Childhood Arrivals beneficiaries. Here, Law360 examines their proposals.

  • January 23, 2019

    RI Congressman To Chair House Antitrust Subcommittee

    Rep. David N. Cicilline, D-R.I., announced Wednesday that he has been named chair of the House Judiciary Committee’s Antitrust, Commercial and Administrative Law Subcommittee, and said the role will give him jurisdiction to hold the Trump administration liable for “its reckless deregulatory agenda and persistent corruption.”

  • January 23, 2019

    Mass. Gov. Seeks Faster Remittance, Taxes On Opioids

    Massachusetts’ governor presented a $42.7 billion budget Wednesday that included plans to accelerate and modernize sales tax collections, as well as proposals for new taxes on opioids, e-cigarettes, gaming and home sales.

  • January 23, 2019

    Senate Dem Pressures FCC's Pai On Tackling Of Robocalls

    Joining a chorus of lawmakers voicing alarm over robocall scams, a Democratic senator Wednesday urged Federal Communications Commission Chairman Ajit Pai to crack down on automated dialers aiming to con people into sharing personal information like credit card and Social Security numbers.

  • January 23, 2019

    NM Gov. Names New Heads For Tax, Indian Affairs Depts.

    New Mexico’s governor has tapped a local finance director to head the state Department of Taxation and Revenue and a former counsel to a Native American tribe to lead the state Indian Affairs Department.

  • January 23, 2019

    Grassley Seeks Answers From USOC After Nassar Report

    Sen. Chuck Grassley has asked the U.S. Olympic Committee to outline the steps it’s taking to improve its culture and protect athletes after the release of a scathing December report about sexual abuse in the Olympic community, the lawmaker said Wednesday.

  • January 23, 2019

    Shutdown Blocking Info In EPA Emission Suit, Enviros Say

    Green groups have told the D.C. Circuit that the U.S. Environmental Protection Agency must file a scheduled update in litigation challenging a rule to control new power plants’ carbon dioxide emissions, saying the partial federal shutdown shouldn't block the public from getting information as a related comment deadline looms.

  • January 23, 2019

    GOP Mulling 'Nuclear Option' To Speed Judicial Nominations

    Republicans could again turn to the “nuclear option” to change Senate rules and advance President Donald Trump’s nominees, one senator said this week, cutting down the time the Senate takes on judicial and other nominees.

  • January 23, 2019

    DOD Still Bound By Md. Injunction On Transgender Policy

    The U.S. Department of Defense’s “transgender ban” policy will not go into effect yet despite a U.S. Supreme Court order lifting two related injunctions, with the DOD still working to address one remaining injunction, it has said.

  • January 23, 2019

    Hospital Opposes 8th Circ. Redo In EEOC Religious Bias Suit

    A Minnesota hospital accused by the U.S. Equal Employment Opportunity Commission of rescinding a job offer because the applicant asked for time off on her Sabbath urged the full Eighth Circuit on Wednesday not to review a split panel ruling that she didn’t have a claim under Title VII’s so-called opposition clause.

  • January 23, 2019

    FCC To Hold Open Meeting Via Phone If Shutdown Continues

    The Federal Communications Commission said Wednesday that it will forge ahead with its Jan. 30 monthly meeting despite the partial government shutdown, which has hobbled most of the agency’s activities for several weeks, saying it will likely share announcements via a conference call.

Expert Analysis

  • 4 Privacy Law Predictions For 2019

    Liisa Thomas

    What can you do to prepare your company for all that is to come on the privacy front this year? First, keep your eyes open for developments in California and the EU, says Liisa Thomas, leader of Sheppard Mullin Richter & Hampton LLP's privacy practice.

  • Comparing Grid Operators' Energy Storage Market Proposals

    Levi McAllister

    The proposed energy storage market participation models submitted last month by regional transmission organizations and independent system operators to the Federal Energy Regulatory Commission represent a spectrum of approaches, reflecting the fundamental differences among RTO/ISO market designs, say Levi McAllister and Arjun Ramadevanahalli of Morgan Lewis & Bockius LLP.

  • DOJ's Wire Act Opinion Is A Game Changer

    Tim Lowry

    The U.S. Department of Justice's updated guidance on the Wire Act contains a fundamental distinction between civil risk and criminal risk, and this will slow down the proliferation of gambling-related online offerings in the internet gambling community, says Tim Lowry of DLA Piper.

  • What New NLRB Deferral Policy Means For Union Workplaces

    Douglas Darch

    As the result of a new memo from the National Labor Relations Board, unfair practice charges in a union-represented workplace will once again be deferred to the parties' grievance and arbitration process. Douglas Darch and Remi Balogun of Baker McKenzie examine how this impacts employers.

  • Navigating The Many Risks Of PFAS In M&A Transactions

    Sam Dykstra

    The significant attention being paid to poly- and perfluoroalkyl substances by the public and some government regulators is continuing into 2019. Their presence can pose environmental and health risks that need to be subject to careful diligence in potential M&A deals, say Sam Dykstra and Donna Mussio of Fried Frank Harris Shriver & Jacobson LLP.

  • Difficult Questions On Class Action Removal At High Court

    Ryan Tosi

    Based on the justices' questioning during oral arguments in Home Depot v. Jackson, the U.S. Supreme Court is grappling with the interplay of precedent, statutory text and policy issues concerning the Class Action Fairness Act, say Ryan Tosi and Scott Ofrias of K&L Gates LLP.

  • Opinion

    Courts Are Getting It Right On Litigation Funding Discovery

    Matthew Harrison

    Earlier this month, a California federal court denied discovery into the identification of third-party funders with a financial interest in the outcome of an underlying patent infringement action. This decision in MLC v. Micron follows a long line of well-reasoned precedent across U.S. federal courts, say Matthew Harrison and Sarah Jacobson of Bentham IMF.

  • International Law In 2018: Key Developments

    Viren Mascarenhas

    2018 was full of important developments in international law, including a new North American trade treaty, significant litigation at the International Court of Justice, and rulings by various bodies related to environmental, human rights and criminal law, say Viren Mascarenhas and Douglass Cassel of King & Spalding LLP.

  • Virginia Is Latest State To Find Employer 'Take Home' Duty

    David Barger

    In Quisenberry v. Huntington Ingalls, the Virginia Supreme Court recently held that an employer owed a duty of care to an employee's family member who handled the employee’s asbestos-laden work clothes. The impact of this decision will extend well beyond the claims at issue, say attorneys with Greenberg Traurig LLP.

  • How To Navigate US Real Estate After CFIUS Expansion

    Peter Mair

    Despite the recently expanded powers of the Committee on Foreign Investment in the United States, foreign investors will find attractive opportunities to invest in U.S. real estate. However, they should structure their transactions in a way that mitigates execution risk, says Peter Mair of Skadden Arps Slate Meagher & Flom LLP.