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Public Policy

  • 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.

  • August 16, 2018

    FCC’s Pai Says Debunked Cyberattack Put Him In A Pickle

    Federal Communications Commission Chairman Ajit Pai on Thursday defended his decision to delay publicly disavowing since-debunked claims that a cyberattack brought down its public comment system last year, telling lawmakers that an agency watchdog’s request to keep mum put him in a difficult position.

  • August 16, 2018

    Study Finds Family Detention Restricts Access To Counsel

    Immigrant families held in family detention centers are less likely to both obtain a lawyer and to receive an in-person immigration hearing, the American Immigration Council has found in its report released Thursday examining government data from more than a decade of immigration court proceedings.

  • August 16, 2018

    DHS Memo Justifies Ending DACA, Trump Tells 2nd Circ.

    The Trump administration urged the Second Circuit on Wednesday to toss challenges by immigrants and an advocacy group to its decision to rescind the Deferred Action for Childhood Arrivals program, arguing that a recent Department of Homeland Security memorandum shows the decision was well thought out and not rash.

  • August 16, 2018

    Senate Confirms 2 Trump Nominees To 4th Circ.

    The Senate Thursday voted to confirm a pair of Trump nominees to serve on the Fourth Circuit Court of Appeals, giving favorable votes to federal Judge A. Marvin Quattlebaum and prosecutor Jay Richardson, both of South Carolina.

  • August 16, 2018

    Senate Dems Blast CFPB Plan To Halt Military Lending Exams

    All 49 Democratic senators urged the acting director of the Consumer Finance Protection Bureau not to undermine the Military Lending Act, which protects service members from predatory loans and financial fraud, following media reports saying the Trump administration is planning to stop examining lenders for violations of the act.

  • August 16, 2018

    A Chat With Ogletree Knowledge Chief Patrick DiDomenico

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Patrick DiDomenico, chief knowledge officer at Ogletree Deakins Nash Smoak & Stewart PC.

  • August 16, 2018

    Duane Morris Nabs Epstein Becker Immigration Pro In NY

    Duane Morris LLP has said it hired a former Epstein Becker Green member who’s experienced in representing technology, finance and retail companies in a range of immigration matters.

  • August 16, 2018

    China Takes Broad WTO Swipe At US Clean Energy Rules

    The Chinese government has filed a pair of World Trade Organization cases challenging U.S. safeguard tariffs on solar panels as well as a series of state-level renewable energy rules that allegedly discriminate against foreign companies, according to WTO documents published Thursday.

Expert Analysis

  • States Sue Over Deduction Cap, But Midterms Are Coming

    Matthew Lee

    Four states are suing the federal government, alleging that the new federal cap on deductions of state and local income taxes is an unconstitutional interference with state sovereignty. Whether the suit proceeds through the federal courts will likely depend as much on the outcome of the midterm elections as on the merit of the claims, says Matthew Lee at Fox Rothschild LLP.

  • Kavanaugh On Attorney-Client Privilege — 3 Takeaways

    Louis Ramos

    In what may be one of his final acts on the D.C. Circuit, Judge Brett Kavanaugh has written an opinion that may strengthen attorney-client privilege over communications between a company and its in-house counsel. Attorneys at DLA Piper discuss what this holding could mean for the future of the privilege and offer advice for current in-house counsel.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • What Cos. Must Know About The Return Of Iran Sanctions

    F. Amanda DeBusk

    President Donald Trump signed an executive order on Aug. 6 formally re-imposing certain sanctions with respect to Iran. Given the administration’s rapidly shifting approach to international trade and national security issues, businesses should plan for the worst — while continuing to advocate for a more pragmatic approach, say attorneys with Dechert LLP.

  • Pre-Clearance Not An Option As OVDP Deadline Looms

    Jeffry Erney

    As the end nears for the IRS offshore voluntary disclosure program, the deadline for taxpayers to confirm their eligibility has already passed. Would-be OVDP applicants must decide for themselves whether to take the risk of filing an application without a pre-clearance letter, say Jeffry Erney and Peter Anthony of Dentons.

  • Why Ohio Nixed The New Liability Insurance Law Restatement

    Kim Marrkand

    On July 30, Ohio Governor John Kasich took the unprecedented step of signing into law an amendment that specifically rejects the American Law Institute's Restatement of the Law, Liability Insurance. Red flags about the ALI's over-reaching have been waving for years, and the only question is what state will follow suit next, says Kim Marrkand of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • How Taxpayers Are Taking To Tax Reform So Far

    Nickolas Gianou

    The effects of last year’s tax overhaul, the most significant since 1986, have not been as drastic as some expected. Still, taxpayers have begun to adjust and a number of significant trends are emerging, say Nickolas Gianou and Sally Thurston of Skadden Arps Slate Meagher & Flom LLP.

  • Top 5 NDAA Provisions On Energy And The Environment

    Rachel Jacobson

    On Monday, President Donald Trump will sign the 2019 National Defense Authorization Act. Buried deep within these acts are often-overlooked provisions that have a major impact on energy, environment and natural resources policy, say Rachel Jacobson and Matthew Ferraro of WilmerHale.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Calif. Courts Say Schools Must Protect Students

    Brian Kabateck

    Almost two decades after the Columbine shooting, we still suffer from attacks committed by obviously troubled individuals already on school officials’ or law enforcement’s radar. Recent rulings by California courts have held that schools have an affirmative duty to take reasonable steps to protect students, say Brian Kabateck and Joana Fang of Kabateck Brown Kellner LLP.