Public Policy

  • May 18, 2018

    Fla. Argues To Keep Stay During Pot 'Right To Grow' Appeal

    The Florida Department of Health said Friday that a patient's request that the Florida Supreme Court allow him to grow medical marijuana while the agency appeals a ruling that he has that right is an improper appeal and would expand the court's jurisdiction “beyond its constitutional bounds.”

  • May 18, 2018

    FERC Reins In GHG Analysis For Certain Pipeline Projects

    The Federal Energy Regulatory Commission on Friday used an order on a New York gas pipeline expansion effort to announce a policy limiting its analysis of certain projects’ climate change impacts, igniting dissent by two commissioners that said the body should not regress on such an important issue.

  • May 18, 2018

    Net Neutrality Vote Petition Gains Support In House

    The U.S. House of Representatives' counterpart to the net neutrality preservation legislation that squeaked by in the Senate on Wednesday is now gaining traction in the lower chamber.

  • May 18, 2018

    No Warrant Needed For IPhone Border Probe, 4th Circ. Says

    The Fourth Circuit found Customs and Border Protection agents' reasonable suspicion of a man caught with a suitcase full of weapons parts trying to board a plane was enough to justify the forensic analysis of his iPhone, finding that no warrant was needed since the search was technically at the border.

  • May 18, 2018

    House Again Mulls Bill Clearing DOJ To Sue OPEC

    Economic and antitrust experts at a House subcommittee hearing Friday largely endorsed the latest version of legislation authorizing the Department of Justice to sue OPEC for conspiring to inflate oil prices, leading to soaring gas prices for American consumers.

  • May 18, 2018

    Foreign Detainees Have Right To Bond Hearings, ACLU Says

    The American Civil Liberties Union on Friday told a Manhattan federal judge that foreigners detained by immigration authorities for six months or more have a constitutional right to bond hearings, arguing that Second Circuit law demands it.

  • May 18, 2018

    Trump's Fish And Wildlife Service Targets ESA Restrictions

    The U.S. Fish and Wildlife Service recently continued its shift toward more industry-friendly policies by issuing Endangered Species Act guidance that gives companies more power to decide whether they need certain permits, and now appears poised to roll back a decades-old rule that extended automatic protections to species listed as threatened.

  • May 18, 2018

    Academics, Former Officials Balk At Delrahim's SEP Focus

    A group of 77 academics and former government officials told Assistant Attorney General Makan Delrahim in a letter Thursday that his stance that U.S. standard-essential patent policies hurt innovation by going too far to reduce royalties cuts against “broad bipartisan legal and economic consensus."

  • May 18, 2018

    Sports Betting Sector Will Hinge On Cooperation, Many Say

    With the U.S. Supreme Court opening the door for states to legalize sports betting in a case fought by the NCAA and professional leagues, industry insiders say a partnership between the two sides is going to be essential for a successful betting regime to maintain integrity and compete with the underground illegal market. 

  • May 18, 2018

    3 Things To Know About Congress' New Litigation Funding Bill

    A recent bill introduced in the U.S. Senate that sponsors say will discourage gambling by the multibillion-dollar litigation funding industry is far from the first effort to regulate private legal investors. Here, Law360 looks at three things that distinguish the Litigation Funding Transparency Act of 2018.

  • May 18, 2018

    Tax Canon May Ensue If Justices Take $199M Deduction Case

    A Third Circuit ruling on appeal to the U.S. Supreme Court that prevented an electricity supplier from claiming a double deduction on a consolidated tax return has some practitioners worried that, if accepted, the justices could solidify a stand-alone tax doctrine previously used only as a method of statutory interpretation.

  • May 18, 2018

    Limit Use Of TCJA Anti-Avoidance Rule, US Chamber Asks IRS

    The U.S. Chamber of Commerce asked the Internal Revenue Service to limit applying the anti-avoidance rule to only U.S. shareholders of certain foreign corporations that have benefited from a net decrease in tax liability from transactions, in correspondence sent Friday.

  • May 18, 2018

    FCC's O'Rielly Rebukes Rumors Of Sinclair-Tribune Benefits

    In no uncertain terms, Federal Communications Commissioner Michael O’Rielly rebuked rumblings that the agency has been taking action to singularly enable Sinclair Broadcast Group’s $3.9 billion proposed acquisition of Tribune Media Co., writing in a Friday blog post that such suggestions are a “misguided fantasy” and a “rhetorical tool” to cause divisions.

  • May 18, 2018

    Calif. Judge Urged To Block Suit Over 'Sanctuary' Policies

    A number of immigrant advocacy groups have urged a California federal judge to consider the “tragic state” of immigration detention centers in light of the U.S. Department of Justice’s suit challenging statutes in California that allegedly obstruct federal immigration law enforcement.

  • May 18, 2018

    US Sen. Candidate Ends Free Speech Suit Against Mass. City

    A Massachusetts man challenging Sen. Elizabeth Warren for her U.S. Senate seat has agreed to drop a lawsuit that alleged the city of Cambridge violated his right to free speech when he was told to remove a campaign sign on a bus that read “Only A Real Indian Can Defeat The Fake Indian.”

  • May 18, 2018

    Williams, Enbridge Deals Signal FERC-Driven MLP Purge

    Williams Cos. and Enbridge Inc. are exiting the master limited partnership business following the Federal Energy Regulatory Commission's revocation of a key tax benefit, and experts say they won't be the only pipeline companies to ditch the MLP model for a traditional corporate structure due to FERC's policy shift.

  • May 18, 2018

    USAID's $9.5B Health Supply Contract Scrutinized By Panel

    The alleged failure of a government vendor to deliver on a $9.5 billion medical and supply chain contract, which included distributing HIV/AIDS drugs around the world, was the focus of discussions by a House Foreign Affairs subcommittee.

  • May 18, 2018

    Sanctuary Cities May Win Big With High Court Gaming Ruling

    The U.S. Supreme Court's ruling that struck down federal restrictions on sports betting turned on states' rights in a way that could have ripple effects in the ongoing debate over so-called sanctuary cities, attorneys say. 

  • May 18, 2018

    DOT Aims To Ax Truckers' Bid To Expand Safety Records Suit

    The U.S. Department of Transportation told a D.C. federal court Thursday that independent commercial truck drivers should not be allowed to expand the scope of their suit alleging the DOT mishandled safety citation records that hurt truckers' job prospects and business reputations.

  • May 18, 2018

    Trump Admin. Stonewalling Attys' Probes Into Elder Abuse

    The Trump administration is hindering plaintiffs attorneys who investigate abuse and neglect of seniors by heavily redacting nursing home records and charging tens of thousands of dollars to produce such records, according to interviews, government correspondence and newly filed lawsuits.

Expert Analysis

  • ITC’s Amended Section 337 Rules Streamline Investigations

    Jordan Coyle

    Late last month, the U.S. International Trade Commission issued long-awaited final amendments to its Rules of Practice and Procedure pertaining to investigations under Section 337 of the Tariff Act. Jordan Coyle and Diana Szego Fassbender of Orrick Herrington & Sutcliffe LLP analyze the most significant amendments and the circumstances surrounding them, and offer key practice tips.

  • Highlights Of Proposed Medicare Payment And Policy Rules

    Kathleen Rubinstein

    The Centers for Medicare & Medicaid Services recently released a deluge of proposed Medicare payment updates and policy changes for hospitals and post-acute providers. Key themes emerging from the proposal include encouraging price transparency, promoting exchange of health care data and easing the regulatory burden on providers, say attorneys with Morgan Lewis & Bockius LLP.

  • 5 Questions You Should Ask About Your Global Equity Awards

    William Woolston

    U.S. companies venturing into the world of global equity compensation confront a complex, cross-border web of rules and regulations. Victoria Ha and William Woolston of Covington & Burling LLP highlight five critical questions that can help U.S. companies navigate common legal pitfalls, with a focus on some of the most rapidly evolving areas of law.

  • Relief From CFPB’s Auto Guidance May Be Short-Lived

    Dowse Rustin IV

    In a dramatic win for the auto finance industry, Congress recently voted to reverse the Consumer Financial Protection Bureau’s 2013 guidance related to fair lending and interest rates for indirect loans. However, such rollbacks may not be enough to create long-lasting regulatory relief, say attorneys with Nelson Mullins Riley & Scarborough LLP.

  • A Proposed Approach For High Court In Vitamin C Case

    Michael Kimberly

    It is safe to expect a narrow ruling from the U.S. Supreme Court in Animal Science v. Hebei, instructing lower courts not to give conclusive deference to foreign sovereigns’ legal submissions. But it would be more sensible to instruct U.S. courts to assess whether these submissions are entitled to any deference in their country of origin and, if so, to give them that deference, say Michael Kimberly and Matthew Waring of Mayer Brown LLP.

  • A Look Inside Trump's 4-Point Plan For Curbing Drug Prices

    Tom Bulleit

    President Donald Trump recently outlined his administration’s plan for lowering prescription drug prices. Tom Bulleit and Kirsten Mayer of Ropes & Gray LLP break down the key proposals and assess the likely paths forward.

  • Reducing Retirement Saving Barriers For Gig Workers

    Brett Owens

    Workers in the gig economy are currently not entitled to enjoy a traditional employer-based retirement plan because such plans are subject to stringent rules and only permitted to cover employees, not independent contractors. However, Congress is attempting to address this issue via the recently reintroduced Retirement Enhancement and Savings Act, says Brett Owens of Fisher Phillips.

  • Key Issues States Face In The Wake Of Sports Bet Ruling

    Jim Havel

    While the U.S. Supreme Court’s decision this week removing the federal ban on sports betting may appear straightforward, the path toward regulating sports betting across the United States may be anything but simple, say attorneys with Bryan Cave Leighton Paisner LLP.

  • California May Pass Its Own GDPR

    Purvi Patel

    If approved by voters in November, the California Consumer Privacy Act would impose a sweeping privacy regime like the EU’s General Data Protection Regulation. The act covers virtually all information a business has about a consumer, expanding far beyond traditional notions of personal information, say Purvi Patel and Alexandra Laks of Morrison & Foerster LLP.

  • New Medical Marijuana Challenges For Pa. Employers

    John McDonald

    As access to medical marijuana in Pennsylvania continues to grow — to date, 22 dispensaries have opened throughout the state — employers face fresh concerns about the impact of legalization on their operations as well as their obligations under the law, say John McDonald and Melissa Ferrara of Reed Smith LLP.