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Public Policy

  • June 20, 2018

    Senate Fails To Pass $15B In Cuts To CHIP, Car Tech Funding

    The U.S. Senate voted down President Donald Trump’s attempt to pull back $15 billion in already authorized spending for the Children’s Health Insurance Program, car technology research and other areas Wednesday, as two key Republican senators joined Democrats to torpedo the proposal.

  • June 20, 2018

    Calif. State Committee Tones Down Net Neutrality Bill

    In one swift move, a California State Assembly committee “gutted” a wide-ranging net neutrality bill Wednesday when it amended some of the legislation’s strongest language, according to the bill’s supporters.

  • June 20, 2018

    HHS Unveils Controversial Drinking Water Contaminant Study

    The U.S. Department of Health and Human Services released an eagerly anticipated study Wednesday that said there should be a much stricter standard for human exposure to two drinking water contaminants than what the U.S. Environmental Protection Agency established.

  • June 20, 2018

    Jury Told Of Business Shakedowns By NY Senate Leader, Son

    Former New York state Senate Majority Leader Dean Skelos and his son used the once-powerful politician’s office to strong-arm businesses for illicit payments to the younger Skelos, prosecutors told a Manhattan federal jury Wednesday during opening arguments in the pair’s corruption retrial.

  • June 20, 2018

    Pa. Senate OKs Alternative Dispute Resolution Commission

    The Pennsylvania Senate has signed off on a measure calling for the creation of a new commission aimed at expanding alternative dispute resolution offerings in the state’s judicial system.

  • June 20, 2018

    Trump, Lawmakers Make Limited Progress On ZTE Deal

    Lawmakers said Wednesday they had made some progress toward a deal to lift sanctions imposed on Chinese telecommunications equipment maker ZTE Corp. after a meeting with President Donald Trump, the day after a bipartisan bill to protect the federal supply chain, prompted in part by ZTE, was introduced in the Senate.

  • June 20, 2018

    Restaurant Group Pushes NLRB On Joint Employer Issue

    The National Restaurant Association's legal arm has urged the National Labor Relations Board to adopt the trade group's proposed rule to clarify the joint employer doctrine, saying it supports the NLRB's recent efforts to engage in rulemaking rather than set policy based on precedent-setting decisions.

  • June 20, 2018

    PTAB's Doors Would Be Closed To Generics Under Hatch Bill

    Proposed legislation by one of the architects of the Hatch-Waxman Act to require generics makers to choose between challenging drug patents under that law or through inter partes reviews would effectively bar generics from using America Invents Act proceedings, attorneys say.

  • June 20, 2018

    Feds Stuck In The Past On Telecom, FCC's O'Rielly Says

    Federal Communications Commission member Michael O'Rielly blasted U.S. antitrust regulators' "outdated and misguided" view of telecommunications companies, saying Wednesday the successful repeal of net neutrality rules and the now-complete AT&T-Time Warner merger show the government is out of step with market realities. 

  • June 20, 2018

    House Passes Bills On Opioid Patient Info Sharing, Treatment

    The U.S. House of Representatives on Wednesday passed more bills aimed at tackling the nation's opioid crisis, including a measure allowing medical professionals to share information about patients with opioid use disorder and another providing more treatment options for addicted Medicaid recipients.

  • June 20, 2018

    CMS Eyes Broad Easing Of Stark Law Restrictions

    The Centers for Medicare & Medicaid Services on Wednesday expressed interest in widespread easing of Stark Law restrictions on physician referrals, asserting that relaxed standards will clear the way for coordinated care among different providers.

  • June 20, 2018

    Tribe Can't Get Judge To Declare Federal Recognition

    The Chinook Indian Nation on Wednesday lost its bid for a Washington federal court to declare it a federally recognized tribe, with a judge saying the court can't go around the federal acknowledgment procedure without "a clear delegation of authority from Congress," but otherwise keeping the tribe's case against the government intact.

  • June 20, 2018

    House Set For Major Immigration Votes Thursday

    The U.S. House of Representatives is set to vote on a series of immigration bills Thursday, although the Republican-led legislation has drawn criticism from within GOP ranks and from Democrats.

  • June 20, 2018

    Atty Picked For EPA Office Will Recuse From Dow Cleanups

    The Dow Chemical Co. managing counsel selected by President Donald Trump to lead the U.S. Environmental Protection Agency’s emergency management office on Wednesday told senators he will recuse himself from issues surrounding nearly 200 Superfund sites his employer is involved in.

  • June 20, 2018

    Ex-Jones Day Partner Tapped For US Atty In San Diego

    A former partner at Jones Day who was shut out of a bid to become San Diego's U.S. attorney under the last Republican administration got the White House's nod for the job on Wednesday, as did three others in Colorado, New Orleans and Detroit.

  • June 20, 2018

    4 Noncompete Developments From 2018's First Half

    In the first half of 2018, judges have continued to rip up broad noncompete agreements, while the Trump administration has kept in place an Obama-era policy aiming to punish businesses that agree not to hire each other's workers. Here, Law360 looks at four recent developments in restrictive covenant law that attorneys should have on their radar.

  • June 20, 2018

    DC Voters OK Minimum Wage Hike For Tipped Workers

    Washington, D.C., voters on Tuesday approved a ballot initiative that incrementally raises the minimum wage for tipped workers until it reaches $15 per hour, eliminating the ability of employers in the district to pay those workers below the minimum wage if tips cover the difference.

  • June 20, 2018

    EU To Hit US With Retaliatory Tariffs On Friday

    The European Union on Friday plans to implement retaliatory tariffs on €2.8 billion ($3.2 billion) worth of U.S. products in retaliation for the Trump administration recently slapping double-digit tariffs on aluminum and steel products entering the United States from the continent’s economic bloc, it announced Wednesday.

  • June 20, 2018

    Panel Grills DOJ Official On Seizures In Structuring Cases

    Members of the House Ways and Means Oversight Subcommittee questioned a U.S. Justice Department official Wednesday over asset seizures in structuring cases referred by the Internal Revenue Service and asked why the department had denied requests to have funds returned.

  • June 20, 2018

    Airlines Slam DHS Migrant Child Separation Policy

    Several U.S. airlines condemned the Trump administration’s policy of separating migrant children from their parents at the border, saying Wednesday that they would not allow the government to use their flights to transport those children away from their families.

Expert Analysis

  • Series

    FLSA Turns 80: A Closer Look At Conditional Cert. Standard

    Sari Alamuddin

    While the adoption of the two-stage standard for collective action certification may have been born of good intention, its current interpretation strains judicial resources and forces settlement regardless of the merits of Fair Labor Standards Act litigation, say Sari Alamuddin and Allison Powers of Morgan Lewis & Bockius LLP.

  • Opinion

    Oregon Should Reinstate Its Tax Haven Law

    Michael M.jpg

    Repeal of the Oregon tax haven provision was an unwarranted giveaway to profitable multinational corporations that are exploiting foreign tax havens to shift profits earned in Oregon beyond the tax reach of the state. The law should be reinstated, says Michael Mazerov of the Council on Budget and Policy Priorities.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Congressional Forecast: June

    Layth Elhassani

    In advance of their weeklong July 4 recess, members of Congress are pursuing a busy legislative schedule, focused on the fiscal year 2019 National Defense Authorization Act and other appropriations bills, reform of export controls, immigration and border security, and the farm bill authorization, says Layth Elhassani of Covington & Burling LLP.

  • Conn. Bets On 'Kill Quill' Camp With New Amazon Tax

    Kelly O'Donnell

    A Connecticut bill signed into law last week seeks to expand the conditions under which out-of-state retailers must collect and remit Connecticut sales tax. However, if the existing physical presence requirement, established by Quill v. North Dakota, is upheld by the U.S. Supreme Court in South Dakota v. Wayfair, the new reach of the Connecticut bill will almost certainly be considered unconstitutional, says Kelly O'Donnell of Pullman & Comley LLC.

  • FTC In Full Force: What To Expect From New Leadership

    Lucy Morris

    While headlines proliferate about the recent political shake-ups at the nascent Consumer Financial Protection Bureau, the century-old Federal Trade Commission, with less fanfare, finally has a full slate of five commissioners for the first time since 2015, say Lucy Morris and Kavitha Subramanian of Hudson Cook LLP.

  • Series

    FLSA Turns 80: The Divide Over Joint Employment Status

    Jason Schwartz

    The basic and threshold issue of who constitutes an “employer” under the Fair Labor Standards Act often has proven surprisingly difficult to resolve, especially in cases involving allegations of “joint employer” status. Over the past few decades a clear divide has developed and widened across the circuits on the proper test for determining this status, say Jason Schwartz and Ryan Stewart of Gibson Dunn & Crutcher LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • DEA Hemp Rule Is Safe For Now, But That May Change

    Joshua Mandell

    The Ninth Circuit recently rejected an industry challenge to a U.S. Drug Enforcement Administration rule classifying cannabidiol medicines as Schedule 1 drugs. This decision might chill the CBD boom taking place around the country, but could also spur action at the federal level that would supersede the DEA's rule, say attorneys at Akerman LLP.

  • NJ Partnerships End Up Winners In Tax Court Decision

    Jaime Reichardt

    New Jersey limited partnerships, pass-through entities and their respective partners or members may have significant refund opportunities in light of the state tax court's recent holding in National Auto Dealers Exchange LP v. Director, Division of Taxation, says Jaime Reichardt of Sills Cummis & Gross PC.