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Public Policy

  • December 7, 2018

    Trump Unlikely To Defy 'So-Called Judges,' Prof Argues

    A recent paper by a William & Mary law professor argues that, despite charged rhetoric from the Trump administration, including the president’s personal attacks on judges, the federal government has thus far complied with judicial orders and is likely to continue to do so.

  • December 7, 2018

    Michael Cohen Deserves 'Substantial Prison Term,' Feds Say

    Prosecutors told a Manhattan federal judge Friday that Michael Cohen, President Donald Trump's former lawyer and political champion, should be sentenced to a “substantial prison term” — possibly in the range of four years — after Cohen copped to a series of crimes including lying to Congress and tax evasion in two plea hearings.

  • December 7, 2018

    ERISA Industry Group Wants Seattle Hotel Benefits Law Nixed

    The ERISA Industry Committee again asked for a quick win in its challenge to a recently revised section of Seattle's municipal code governing hotel employee health benefits, asking a Washington federal judge to reject the city's assertion that the ordinance wasn't preempted by the Employee Retirement Income Security Act.

  • December 7, 2018

    Mass. Winner-Take-All Electoral System Sound, Judge Rules

    A bid by a former Massachusetts governor and two Republicans to change the state's winner-take-all practice for selecting presidential electors was dismissed Friday by a federal judge who ruled the system — which is in place in 48 states and the District of Columbia — does not violate the U.S. Constitution.

  • December 7, 2018

    Data-Driven Lawyer: Morgan Lewis' J. Kyle Poe

    Morgan Lewis' J. Kyle Poe, a self-proclaimed "elder millennial," created a client management platform to streamline the firm's work in asbestos litigation that is now used across practice areas, making the firm's business more efficient and upping its ability to attract clients through innovative fee arrangements, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 7, 2018

    Tribes Can't Stop FCC's Next-Gen Towers, DC Circ. Told

    The Federal Communications Commission has urged the D.C. Circuit to toss out a petition for review by tribes and environmentalists regarding the commission’s plan to accelerate the building of 5G infrastructure, saying the deployment of small-cell fixtures is not a major federal action.

  • December 7, 2018

    IRS Lets Cos. Opt Out Of New Stock Option Deferral Program

    Companies will be able to opt out of a new provision in last year's federal tax overhaul that allows employees to defer income from exercising stock options, the Internal Revenue Service said Friday.

  • December 7, 2018

    Trump Picks Kirkland's William Barr For AG

    President Donald Trump named Kirkland & Ellis LLP attorney William Barr as his pick to replace former Attorney General Jeff Sessions Friday, setting Barr up to reprise the role he served under late President George H.W. Bush.

  • December 6, 2018

    EPA's Coal Gift Hints At Broader Climate Policy Challenge

    The U.S. Environmental Protection Agency's Thursday rollback of Obama-era coal plant carbon dioxide emission regulations is intended to help revive the struggling industry and contains a hint that the administration is considering how to challenge or circumvent an earlier finding that CO2 endangers human health, experts said.

  • December 6, 2018

    Dem Senators Want Answers On Acosta's Role In Epstein Plea

    A group of Democratic senators urged the U.S. Department of Justice's watchdog Thursday to look into why prosecutors cut a deal with billionaire convicted sex offender Jeffrey Epstein during current Labor Secretary Alexander Acosta’s tenure as a U.S. attorney in Florida.

  • December 6, 2018

    Kirkland’s William Barr Said To Be Trump’s Top Pick For AG

    Kirkland & Ellis LLP attorney William P. Barr, who served as U.S. attorney general under President George H.W. Bush, is President Donald Trump’s favored choice to succeed Jeff Sessions, according to Thursday media reports.

  • December 6, 2018

    After Year With Mulvaney, CFPB Enters Kraninger Era

    Mick Mulvaney is leaving behind a Consumer Financial Protection Bureau that’s had some of the bark and bite taken out of it, but as Kathleen Kraninger steps up to become the agency’s next director, the consumer financial watchdog hasn’t necessarily gone to sleep, financial services attorneys told Law360.

  • December 6, 2018

    Migrants Ask DC Court To Block Trump's Asylum Policy

    Two asylum seekers seeking to represent a nationwide class challenged the Trump administration’s rule and subsequent proclamation stripping asylum eligibility from migrants who cross the southern border outside of a designated port of entry in a suit filed in D.C. federal court.

  • December 6, 2018

    Wall St. Lobby Fights State Action On 'Best Interest' Standard

    Wall Street’s top trade association and leading lobbyist plans to keep pressure next year on state officials who consider following Nevada in imposing a higher standard of care on broker-dealers.

  • December 6, 2018

    Calif. Bill Floated To Undo Dynamex Worker Classification Test

    California Assemblywoman Melissa Melendez has announced proposed legislation that would loosen the criteria employers use to classify workers as independent contractors, undoing the state Supreme Court’s landmark Dynamex decision from earlier this year.

  • December 6, 2018

    XPO Pregnancy Outcry Seen As 'Wake-Up Call' For Employers

    Shipping giant XPO Logistics is facing vocal criticism over allegations that it mistreated pregnant workers, underscoring the need for companies to do right by employees who are expecting. Here, experts share three tips for employers looking to follow the law and stay out of the headlines.

  • December 6, 2018

    8th Circ. Affirms BIA's Denial Of Sexual Abuser's Relief Bid

    A split Eighth Circuit panel on Thursday affirmed a Board of Immigration Appeals ruling that reversed an immigration judge’s decision to allow a Mexican native who pled guilty to sexually abusing two minors to avoid deportation and adjust his legal status.

  • December 6, 2018

    Ohio House Passes Bill Exempting Tampons From Sales Tax

    Lawmakers in Ohio have overwhelmingly passed a so-called "pink tax" bill Wednesday, becoming the latest state to move toward exempting tampons and other feminine hygiene products from sales tax.

  • December 6, 2018

    Enviros Blast BLM Revamp To Sage-Grouse Plan

    The U.S. Bureau of Land Management on Thursday unveiled revisions of an Obama-era plan to protect greater sage-grouse and their habitat that environmental groups immediately denounced as a giveaway to oil and gas developers and other industries that threatens the bird's future.

  • December 6, 2018

    Enviros Sue To Block Minneapolis Rezoning Plan

    A coalition of environmental groups have filed a suit against the city of Minneapolis in Minnesota state court looking to block a proposed rezoning plan they say has not undergone a proper review and would cause severe environmental damage.

Expert Analysis

  • A Comparison Of This Year's Carbon Tax Proposals: Part 1

    Noah Kaufman

    Four carbon pricing policy plans garnered attention in 2018, including the first bipartisan federal carbon tax proposal in eight years. In the first installment of this two-part series assessing the potential impacts on emissions, energy markets and the economy, Noah Kaufman of Columbia University's Center for Global Energy Policy looks at the similarities and differences.

  • What The FTC Said About Direct Selling In 2018

    John Villafranco

    The Federal Trade Commission's 2018 guidance clarifying how it will evaluate the practices of direct sellers and multilevel marketers isn't new — at least for those who paid attention to prior FTC enforcement and comments to industry, say John Villafranco and Donnelly McDowell of Kelley Drye & Warren LLP.

  • No-Deal Contingency Planning For The UK Aviation Sector

    John Balfour

    As approval of the proposed agreement for the U.K.'s withdrawal from the European Union becomes more uncertain, last month's no-deal Brexit aviation contingency plan from the European Commission is both timely and relevant, say attorneys with Clyde & Co. LLP.

  • The Issues Framing NIST's Privacy Framework

    Charlie Wood

    The National Institute of Standards and Technology has stressed that the onus is on commenters to dictate the direction of its Privacy Framework. While this approach may encourage participation, it risks overlooking critical questions, say attorneys with Perkins Coie LLP.

  • A Closer Look At New Calif. Pension Fund Climate Law

    Kristie Blase

    Landmark California legislation going into effect in January requires the two largest pension funds in the U.S. to publicly report on their climate-related financial risks, which should result in more widespread adoption of financial disclosure recommendations from the Financial Stability Board, say attorneys with CKR Law LLP.

  • Increasing Transparency In The US Tax Court

    Leandra Lederman

    The U.S. Tax Court has made tremendous strides toward increased transparency in recent decades. Implementation of the docket inquiry system and searchable databases are a terrific start, but there's more to do, says Leandra Lederman of Indiana University Maurer School of Law.

  • Insights From 2017-2018 High Court Term And What's Ahead

    Chad Eggspuehler

    Many expect the U.S. Supreme Court's new conservative majority to track rightward, while others wonder if any justices might assert a moderating influence as the new “swing vote.” The court’s recent decisions and upcoming docket provide the best clues about its trajectory, says Chad Eggspuehler of Tucker Ellis LLP.

  • Transportation And Infrastructure — The Road Ahead: Part 2

    Carolina Mederos

    The chances that major transportation and infrastructure legislation may be passed have increased with the election of a House Democratic majority, and efforts to streamline permitting and regulation by federal agencies may further advance the prospects of significant infrastructure development, say attorneys with Squire Patton Boggs LLP.

  • APA Lessons From CNN Press Pass Case

    Steven Gordon

    The primary focus of CNN's suit seeking restoration of Jim Acosta’s White House press pass was, appropriately, on the First and Fifth Amendment claims. But the third claim raises some interesting issues about the extent to which the Administrative Procedure Act can be applied to actions taken by the White House, says Steven Gordon of Holland & Knight LLP.

  • A Welcome DOJ Shift On Cooperation Credit

    John Nowak

    Changes announced last week by Deputy Attorney General Rod Rosenstein will likely make it easier for a company to obtain cooperation credit in criminal and civil cases, while also potentially reducing some of the costs and burdens associated with complying with the prior U.S. Department of Justice policy, says John Nowak of Paul Hastings LLP.