We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Public Policy

  • August 16, 2018

    Confidential Docs Show Kavanaugh Misled Panel, Dems Claim

    Documents recently turned over to the Senate Judiciary Committee indicate that Judge Brett Kavanaugh “misled” lawmakers during his 2006 confirmation hearing for the D.C. Circuit judgeship about his knowledge of the Bush administration’s torture policies, top Senate Democrats alleged Thursday.

  • August 16, 2018

    Ill. Gov.'s Veto May Make State IRA Program Optional

    An Illinois state program to help workers save for retirement could assist far fewer people than lawmakers hoped if Republican Gov. Bruce Rauner’s veto of a bill is sustained, but the Illinois state treasurer’s office said Thursday that it’s likely the veto will be overridden.

  • August 16, 2018

    White House Objects To Parts Of $675B Defense Bill

    The White House is pushing back against parts of the U.S. Senate's $675 billion defense spending bill for fiscal 2019, urging lawmakers to drop funding for one of two budgeted Littoral Combat Ships, and to restore funding for satellite, background check and counterterrorism programs.

  • August 16, 2018

    VA Agent Orange Policy Fight To Get Full Fed Circ. Hearing

    The full Federal Circuit on Thursday agreed to consider whether the U.S. Department of Veterans Affairs has wrongly excluded “blue water” Navy veterans from benefits related to exposure to the notorious defoliant Agent Orange during the Vietnam War, roughly a decade after a court panel had backed the agency's stance.

  • August 16, 2018

    Enviros Sue Feds For More Orca Protection

    Environmentalists have launched a federal court suit against the National Marine Fisheries Service that alleges the agency has failed to reassess the critical habitat area for the endangered Southern Resident killer whale — a species they said now numbers less than 100.

  • August 16, 2018

    Tax Groups Urge Court To Find Wash. Tribe Must Pay Fuel Tax

    Two tax organizations filed an amicus brief with the Supreme Court Thursday, urging the court to find that a Native American tribe should be subject to the state of Washington’s fuel tax when operating outside its reservation.

  • August 16, 2018

    DOI's Views In Calif., Conn. Casino Suits At Odds, Tribe Says

    A Connecticut tribe and the state told a D.C. federal court that the U.S. Department of the Interior is wrong to say that the tribe operates its Foxwoods casino under procedures set out by the DOI secretary that are inferior to a tribal-state gambling compact because the department took the direct opposite position in tribal litigation in California.

  • August 16, 2018

    Trump Taps Sidley Austin Partner For San Francisco US Atty

     A partner at Sidley Austin LLP will be nominated as U.S. attorney in San Francisco, the White House announced Thursday, as it also revealed nominees for spots in Florida, Illinois and North Dakota.

  • August 16, 2018

    FDA Clears First EpiPen Generic, Made By Teva

    The U.S. Food and Drug Administration on Thursday approved Teva Pharmaceuticals USA’s long-anticipated generic of the EpiPen, Mylan NV’s emergency allergy treatment, making it the first generic of the drug-device combination to get the agency's green light.

  • August 16, 2018

    DEA To Cut Drugmaker Production Of Most-Abused Opioids

    The U.S. Drug Enforcement Administration on Thursday moved to curtail drugmaker production of the most commonly abused prescription opioids, saying the cut will inhibit illicit sales of narcotic painkillers.

  • August 16, 2018

    Tribes Allowed To Intervene In Small-Cell Rule Challenges

    The D.C. Circuit on Thursday allowed several tribes to intervene in combined challenges to a Federal Communications Commission rule that exempts from environmental and historic reviews small-cell fixtures necessary for building up next-generation or 5G networks.

  • August 16, 2018

    SEC Returns Clearing Firm Disciplinary Case To CBOE

    The U.S. Securities and Exchange Commission has set aside a disciplinary action brought by Chicago Board Options Exchange Inc. against member clearing firm ABN AMRO Clearing Chicago LLC, sending the matter back to CBOE’s board of directors for review under a different standard.

  • August 16, 2018

    Nat'l Archives Pans Committee's Release Of Kavanaugh Docs

    The National Archives, which has found itself in the middle of a bitter struggle over Supreme Court nominee Brett Kavanaugh’s documents from his Bush White House service, on Wednesday sought to put some distance between its review process and that of the current Senate Judiciary Committee.

  • August 16, 2018

    SEC Nabs 2 Judgments In NY Rep. Insider Trading Case

    Roughly a week after U.S. Rep. Christopher Collins, son Cameron Collins and the father of Cameron’s fiancee were charged with insider trading by federal prosecutors and the U.S. Securities and Exchange Commission, Cameron’s fiancee and her mother entered into final judgments with the SEC on Thursday.

  • August 16, 2018

    Veterans Group Sues VA Over 'Mar-a-Lago Council' Influence

    A veterans advocacy group sued the U.S. Department of Veterans Affairs Thursday, claiming its alleged “outsourcing” of key policy and personnel decisions to three members of President Donald Trump’s Mar-a-Lago Club violates a law meant to curb the influence of outside special interests over federal agencies.

  • August 16, 2018

    DOT Can't Stop Ex-Engineer From Being Deposed, Judge Says

    A New York federal judge on Thursday said a former government engineer can be deposed by investors in a securities class action claiming Fiat Chrysler lied over its alleged use of emissions-cheating devices in its vehicles, disagreeing with the U.S. Department of Transportation that its regulations could prevent an ex-government employee's testimony.

  • August 16, 2018

    Hatch Seeks To Clarify Intent Of NOL Rule In Tax Overhaul

    Senate Finance Committee Chairman Orrin Hatch, R-Utah, sought on Thursday to clarify congressional intent behind the net operating loss rule included in last year’s federal tax overhaul, offering specifics in a letter signed by the committee’s Republican members and sent to the Treasury Department.

  • August 16, 2018

    EOIR Adds 23 New Judges To Combat Case Backlog

    The Executive Office for Immigration Review announced Thursday that it has appointed 23 new immigration judges, bringing the total count to 351 nationwide, amid the Trump administration’s ongoing efforts to reduce the significant backlog of open cases.

  • August 16, 2018

    Free Speech Group Backs Trump In 2nd Circ. Twitter Appeal

    Free speech organization the Coolidge-Reagan Foundation on Wednesday stood behind President Donald Trump in his Second Circuit appeal challenging a lower court's decision deeming his blocking of critics from his personal Twitter account unconstitutional, saying the ruling misconstrued the First Amendment.

  • August 16, 2018

    Ariz. Judge Upholds Ballot Question To Raise Income Taxes

    An Arizona judge Thursday tossed a challenge to a proposed question for the Nov. 6 ballot that would ask voters to raise state income tax rates for high-earners to fund education, saying in part that the explanation of the tax increases was not misleading.

Expert Analysis

  • Tax Enforcers Unite Against International Tax Crime

    Kyle Womboldt

    In light of the launch of the Joint Chiefs of Global Tax Enforcement alliance against transnational tax crime and money laundering, it is more important than ever for corporations and professional services firms to carefully manage their exposure to higher risk clients and business activity, say Kyle Wombolt and Jeremy Birch of Herbert Smith Freehills LLP.

  • How FIRRMA Will Change National Security Reviews: Part 1

    Jeffrey Bialos

    The Foreign Investment Risk Review Modernization Act empowers the U.S. government to review a far broader group of transactions than ever before to determine if they threaten national security. FIRRMA's expansive new coverage includes oversight of real estate investments and transfers of "emerging and foundational technologies," say Jeffrey Bialos and Mark Herlach of Eversheds Sutherland LLP.

  • Internet Of Things Cos. Must Prepare For Law Enforcement

    Matthew Gardner

    As the internet of things device market develops, companies that proactively develop compliance strategies should be able to avoid many of the pitfalls that are sure to come as law enforcement changes the way it investigates cases, say attorneys at Wiley Rein LLP.

  • Time To Update Prop 65 Warnings For Residential Rentals

    Andrea Sumits

    The ubiquitous Proposition 65 warning signs posted throughout apartment communities in California may soon become a thing of the past. Under a new draft rule that is being finalized, safe harbor warnings for residential rental properties will be found in lease agreements rather than on posted signs, says Andrea Sumits of Environmental General Counsel LLP.

  • A Close Look At IRS Proposed Pass-Through Deduction Rules

    Stephen Looney

    Last week, the IRS proposed regulations under Internal Revenue Code Section 199A, providing guidance on the new deduction available to pass-through entities and sole proprietorships. Mostly taxpayer friendly, the lengthy proposed regs are likely to undergo some changes before becoming finalized, say Stephen Looney and Edward Waters of Dean Mead Egerton Bloodworth Capouano & Bozarth PA.

  • California Opens The Door To International Arbitration

    Sarah Reynolds

    Last month, California passed a law clarifying that lawyers who are not members of the state bar may appear in international arbitrations seated in California without local counsel. As a result, San Francisco and Los Angeles will likely see an increase in international arbitrations — particularly given their access to the Pacific Rim and Latin America, say attorneys with Mayer Brown LLP.

  • Alternative Trading Systems Face New Regulatory Burdens

    Julian Rainero

    The U.S. Securities and Exchange Commission last month approved rule changes that would impose extensive new transparency requirements on alternative trading systems that effect transactions in National Market System stocks. Julian Rainero and William Barbera of Schulte Roth & Zabel LLP break down the new disclosure requirements and highlight areas that may prove particularly burdensome.

  • Rebuttal

    A Decade Of US Patent Reform Has Gone Too Far

    Boyd Lemna

    In a recent Law360 guest article, John Thorne of the High Tech Inventors Alliance argued that enactment of the Restoring America's Leadership in Innovation Act would threaten positive changes in patent quality and American innovation. However, many of those same changes have had a serious negative impact on the patent system and the innovation economy, says Boyd Lemna of Personalized Media Communications LLC.

  • Unclear Which Way Wind Blows After Reversal Of Alta Wind

    Julie Marion

    The Federal Circuit recently reversed the U.S. Court of Federal Claims decision in Alta Wind v. United States, finding the trial court's method of valuing the wind farm properties did not accurately represent their fair market value. The decision was unclear, however, about how the lower court should determine the value on remand, leaving the renewable energy industry with a number of questions, say attorneys at Latham & Watkins LLP.

  • An Update, Not A Transformation, Of CFIUS Review Process

    Scott Flicker

    The Foreign Investment Risk Review Modernization Act, a reform of the review process overseen by the Committee on Foreign Investment in the United States, has just been signed into law. But to a great extent, it merely codifies CFIUS’ current practice of expansively interpreting its jurisdiction, stretching review timelines and taking a broad view of national security, say attorneys with Paul Hastings LLP.