Public Policy

  • February 23, 2018

    No Quick Answer On Transition Tax, Treasury Official Says

    Taxpayers shouldn’t hold their breath waiting for guidance on how foreign income tax factors into the calculation of the overseas earnings they bring back to the U.S. under the recently enacted tax overhaul, a U.S. Department of Treasury official said Friday at a conference in Houston.

  • February 23, 2018

    Reg A+ 'Mini-IPOs' Face Market Resistance

    Nearly all publicly traded companies that have raised money though so-called Reg A+ initial public offerings — a scaled-down version of a traditional IPO intended to ease burdens on smaller companies — have seen their shares plunge since going public, raising questions about the program's viability.

  • February 23, 2018

    Air Unions Fight To Upend Norwegian Air Permit At DC Circ.

    Airline unions urged the D.C. Circuit Friday to upend the U.S. Department of Transportation's grant of a foreign air carrier permit to Norwegian Air Shuttle ASA's Irish subsidiary, arguing all they need for standing for the challenge is market entry by a competitor that allegedly will undercut labor standards.

  • February 23, 2018

    High Court Fight Over SEC In-House Judges Heats Up

    A high-profile challenge to the U.S. Securities and Exchange Commission’s in-house court intensified in recent days as government lawyers urged the U.S. Supreme Court to give the agency's chair the power to remove administrative law judges, while a money manager whose case is now before the justices has asked them to come down hard against the regulator over what he calls its use of an unconstitutional tribunal.

  • February 23, 2018

    Carriers Accused Of Cashing In On Net Neutrality Rollback

    AT&T and other wireless carriers have ramped up their practice of blocking promotional text message alerts since the Federal Communications Commission repealed so-called net neutrality rules, in an effort to push paid service packages, communications platform company Twilio told the FCC on Thursday in an ex parte filing.

  • February 23, 2018

    Firm Plagiarized Puerto Rico Contract Bid, Dems Claim

    An Atlanta-based, one-person company that failed to deliver over 29 million emergency meals to Puerto Ricans after Hurricane Maria appears to have extensively plagiarized its winning bid to secure a $156 million food supply government contract, Democratic lawmakers said Friday.

  • February 23, 2018

    Days Appear Numbered For Lax Online Sales Tax Collection

    Tax advisers say there's a growing awareness and concern among online sellers that the lax and sporadic sales tax collection practices of the past are over.

  • February 23, 2018

    Up Next At The High Court: Antitrust Rule, Public Unions

    The U.S. Supreme Court is closing out its February oral argument session with a blockbuster docket, taking on a key doctrine of antitrust law in a case involving American Express Co. and pondering the fate of public sector unions.

  • February 23, 2018

    Looming Cap On Borrowing Could Alter Financing Strategies

    In four years, the new tax law is scheduled to tighten restrictions on businesses claiming deductions for interest paid on borrowed funds, but highly leveraged companies already are evaluating how this imminent change will affect their cash flows and financing options.

  • February 23, 2018

    Trump Taps Former USTR Atty For Int'l Trade Commission

    President Donald Trump intends to nominate a former U.S. Trade Representative attorney for a seat on the U.S. International Trade Commission, the White House said Friday.

  • February 23, 2018

    TIGTA Criticizes IRS' Worker Misclassification Project

    The Treasury Inspector General for Tax Administration released a report on Friday calling on the IRS to better implement its worker misclassification initiative, saying the agency has not effectively done so because of staff turnover, decreased funding and other competing priorities.

  • February 23, 2018

    Fla. Man, City To Spar Over Retaliatory Arrest In High Court

    When Fane Lozman — houseboat owner, activist and thorn in the side of Riviera Beach, Florida’s city government — makes his second trip to the U.S. Supreme Court on Tuesday, he’ll argue that the city arrested him because of his vocal opposition to a marina development plan, in a case that will have the justices tackle whether probable cause for an arrest eclipses any claims of retaliatory arrest.

  • February 23, 2018

    Foreign-Derived Income Rate Might Not Go Up, Brady Says

    The new U.S. tax law’s reduced rate for the foreign use of domestically held intangible assets such as intellectual property might not increase when it’s currently scheduled to do so, U.S. Rep. Kevin Brady, R-Texas, said Friday at a conference in Houston.

  • February 23, 2018

    Tax Reform Seen Prompting Few Transfer Pricing Settlements

    The new U.S. tax on deemed repatriated offshore earnings could encourage the Internal Revenue Service to settle some pending transfer pricing cases, but it won’t cause the agency to abandon most of those assessments, practitioners told Law360.

  • February 23, 2018

    Treasury's Mnuchin Says IRS Calculator Coming Soon

    U.S. Treasury Secretary Steven Mnuchin announced Friday at a White House press conference that the Internal Revenue Service will possibly release its tax calculator next week, through which filers can see how their withholdings will be affected by the recent federal tax overhaul legislation.

  • February 23, 2018

    Iancu Sworn In At USPTO, Pledges ‘Reliable, Predictable’ IP

    Former Irell & Manella LLP managing partner Andrei Iancu was sworn in as director of the U.S. Patent and Trademark Office on Friday and said in a speech that he aims to “foster a culture of innovation” in America and bolster confidence in intellectual property rights.

  • February 23, 2018

    FERC Advancing Clean Energy Despite Trump's Fossil Focus

    From rejecting a power plant bailout plan to removing electricity market barriers for renewable-friendly technologies, the Federal Energy Regulatory Commission is a lone bright spot for clean energy advocates dismayed by the Trump administration's singular focus on fossil fuels, though experts say FERC's motivations are more economic than political.

  • February 23, 2018

    Cabbies Insist NY Officials Can't Dodge Uber, Lyft Rules Suit

    Long Island taxicab owners told a federal judge Friday that New York Gov. Andrew Cuomo and other state officials cannot dodge a federal suit alleging new regulations allowing Uber and Lyft to operate upstate and in the suburbs are unconstitutional, saying the officials don't have immunity.

  • February 23, 2018

    Advertising Co. Wins Removal Of Uber, Lyft Ad Ban In NYC

    A New York federal judge decided Thursday a company that places advertising in vehicles operated by ride-hailing companies including Uber and Lyft should be able to do so in New York City because the city’s Taxi and Limousine Commission was unable to justify its ban on such advertisements.

  • February 23, 2018

    USCIS Adds Tighter Requirements For H-1B Visa Contractors

    Keeping with the Trump administration’s efforts to combat visa fraud, immigration attorneys said U.S. Citizenship and Immigration Services is making it harder for employers to contract out their skilled workers with H-1B visas to other companies, reacting to a policy memo released Friday. 

Expert Analysis

  • Stakeholders Must Act Now To Nominate Opportunity Zones

    Aileen Thomas

    The Tax Cuts and Jobs Act created a program to direct much-needed capital to low-income communities by providing significant tax benefits to investors who use qualified opportunity funds. States, which can nominate communities for designation as qualified opportunity zones until March 21, are seeking input from stakeholders, and all need to act quickly, say Jones Walker LLP partners Aileen Thomas and Jonathan Katz.

  • What The DOJ Cyber Task Force Can Do

    Megan Brown

    While history is littered with reports and whitepapers that do not inspire change, there is an opportunity for the U.S. Department of Justice's new Cyber-Digital Task Force to have an impact, say attorneys with Wiley Rein LLP.

  • Understanding Texas Mechanic's Liens And Bonds: Part 3

    Excerpt from Lexis Practice Advisor

    Texas is home to relatively complex statutory frameworks for liens and bonds used to secure payment for services rendered. Statutory and constitutional liens provide powerful remedies for nonpayment, but only if the proper guidelines are strictly observed, says David Tolin of Cokinos Young in the final part of this article.

  • Series

    EPA In The Trump Era: The DOJ's 3rd-Party Payment Policy

    Raymond Ludwiszewski

    The U.S. Department of Justice's 2017 memo ending the previous administration's common practice of paying various nongovernmental, third parties as a condition of settlement with the U.S. is an important change of course that will meaningfully impact the contours of future judicial civil consent judgments with the U.S. Environmental Protection Agency, says Raymond Ludwiszewski, former EPA general counsel and partner at Gibson Dunn & Crutcher LLP.

  • The Latest On Sexual Harassment Reform In Congress

    Bill Pittard

    Sexual harassment in the workplace has been in the news. You may have noticed. And that issue, as things in the news so often do, has made its way to the Hill. Bill Pittard, partner at KaiserDillon PLLC examines the existing law and practice under which sexual harassment allegations in the congressional workplace typically are handled, and touches on the key elements of the leading House proposals to amend that framework.

  • Net Neutrality Repeal May Put Tech Startups In The Slow Lane

    Benjamin Warlick

    There is no telling how the current battle over net neutrality will play out, but there is a good chance that paid prioritization will not go away. Technology and content startups that do not have the resources to buy internet fast lanes may lose sales from slower traffic, says Benjamin Warlick of Morris Manning & Martin LLP.

  • Series

    EPA In The Trump Era: Settling Mandatory Duty Lawsuits

    Avi Garbow

    The U.S. Environmental Protection Agency’s 2017 "sue and settle” directive embraces a nascent process to post online notices of intent to sue, complaints and petitions for review. For some this is sufficient for planning purposes and strategic undertakings, but for others it provides interesting opportunities, says Avi Garbow, former EPA general counsel and partner at Gibson Dunn & Crutcher LLP.

  • Breaking Down The New Interest Deduction Limitation

    Breaking Down The New Interest Deduction Limitation

    The Internal Revenue Code has historically limited the ability of corporations to deduct certain interest paid to related parties, but the recent tax reform modified this limitation and expanded its application. In this video, Taylor Kiessig and Brian Tschosik of Eversheds Sutherland LLP discuss differences between the historic and new versions of this limitation on interest expense.

  • How FERC's New Rule Paves The Way For Energy Storage

    Levi McAllister

    Last week, the Federal Energy Regulatory Commission issued its long-awaited final rule that aims to remove barriers to electric storage resource participation in regional transmission organization and independent system operator markets. Market participants with an interest in energy storage are advised to focus closely on the tariff provisions being developed by each RTO/ISO, say attorneys with Morgan Lewis & Bockius LLP.

  • The FTC’s Quest For Better Influencer Disclosures

    Julie O’Neill

    Given the repetition of the Federal Trade Commission's message concerning its endorsement guides, it's apparent that the agency believes it is still not being heard. Julie O’Neill and Adam Fleisher of Morrison & Foerster LLP recount how the FTC has gotten to where it is today and, thus, why it might be heading for a celebrity enforcement action next.