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Public Policy

  • December 14, 2018

    Pa.'s Challenge To Birth Control Rules Cleared To Proceed

    A Pennsylvania federal judge has given the state the go-ahead to seek a second injunction against Trump administration rules that weaken the Affordable Care Act’s birth control mandate, lifting a stay in the case Friday.

  • December 14, 2018

    WTO Upholds US 'Dolphin-Safe' Tuna Label Criteria

    The World Trade Organization's Appellate Body on Friday signed off on a set of revised "dolphin-safe" labeling criteria for tuna sold in the U.S., ending a decadelong dispute with Mexico over whether the United States' labeling conditions are discriminatory and out of line with several global trade agreements.

  • December 14, 2018

    ITC Probing Whether Car Emissions Systems Infringed IP

    The U.S. International Trade Commission has launched an investigation into foreign imports of car emissions control systems, following accusations from chemical company Ingevity Corp. that MAHLE Filter Systems North America Inc. and several foreign producers ship filter systems products into the U.S. that rip off Ingevity’s intellectual property.

  • December 14, 2018

    9th Circ. Pares Nationwide Block Of ACA Birth Control Rules

    A split Ninth Circuit panel has narrowed a lower court’s nationwide ban on Trump administration rules exempting employers with moral or religious objections from providing birth control coverage otherwise required by the Affordable Care Act, but agreed that the states’ Administrative Procedure Act claims were likely to succeed.

  • December 14, 2018

    Tesla Reaches Cap On Electric Vehicle Credit, IRS Says

    By selling more than 200,000 electric vehicles during the third quarter of 2018, Tesla Inc. reached the threshold triggering a phaseout of the $7,500 tax credit available to consumers, the Internal Revenue Service announced Friday.

  • December 14, 2018

    Senate Approves Gila River, Leech Lake Indian Country Bills

    The U.S. Senate on Thursday passed bills that clarify the boundary of the Gila River Indian Community, transfer land to the Leech Lake Band of Ojibwe and amend the 1947 Stigler Act to remove a blood quantum requirement for heirs to allotted lands of the so-called Five Civilized Tribes of Oklahoma.

  • December 14, 2018

    Farm Bill Expansion Will Speed Rural Broadband, Redl Says

    A $600 million loan and grant program tucked into the $867 billion farm bill that passed Wednesday will dedicate much-needed resources to rural broadband infrastructure, National Telecommunications and Information Administration head David Redl said Thursday.

  • December 14, 2018

    Sens. Refer Ex-USOC Chief To DOJ Over 'False Statements'

    Senate subcommittee leaders on Friday referred former U.S. Olympic Committee CEO Scott Blackmun to the U.S. Department of Justice and the FBI for an investigation into whether he made “materially false statements” about following up on allegations against former Olympic gymnastics team doctor and convicted abuser Larry Nassar.

  • December 14, 2018

    Freshfields Lures Antitrust Veteran From DOJ

    An antitrust litigator who served the U.S. Department of Justice under three presidents has landed at Freshfields Bruckhaus Deringer US LLP as a partner.

  • December 14, 2018

    Nothing More On Services Transactions Under BEAT: Official

    Tax practitioners shouldn’t expect further concessions from the government on how the base erosion and anti-abuse tax applies to services transactions, a U.S. Department of the Treasury official said at an international tax conference Friday.

  • December 14, 2018

    The Biggest Immigration Policy Changes Of 2018

    The Trump administration has unveiled sweeping policy changes across every immigration agency impacting student visa holders, immigrants on certain public benefits, immigration court proceedings and unauthorized border-crossers over the past year. Here, Law360 examines the major policy changes of 2018.

  • December 14, 2018

    The Biggest Transportation Rulings Of 2018

    The transportation industry saw some major court decisions in 2018, with freight railroads losing a long-running appellate battle over Amtrak’s regulatory authority and Uber landing a Ninth Circuit win making it more difficult for drivers to pursue worker misclassification claims against it. Here, Law360 looks back at a few of the year’s biggest rulings affecting the transportation sector.

  • December 14, 2018

    The Biggest Personal Injury And Med Mal Cases Of 2018

    Personal injury and medical malpractice attorneys saw yet another year of record jury verdicts and precedent-setting rulings in 2018, including a Texas Supreme Court ruling lowering the bar for video evidence in injury cases and a $115 million personal injury settlement paid by the city of Chicago. Here, Law360 looks back at some of the year’s top verdicts and decisions.

  • December 14, 2018

    FCC GC Sees Transparency As Best Rulemaking Defense

    For the Federal Communications Commission's general counsel, transparency in the government rulemaking process goes a long way toward making controversial agency decisions — like last year's net neutrality repeal — less likely to tank in the courtroom.

  • December 13, 2018

    Hunters Back Monument Cuts Opposed By Enviros, Tribes

    Several hunting groups have urged a D.C. federal court to toss suits by environmental groups and Native American tribes challenging President Donald Trump’s decision to shrink the Bears Ears and Grand Staircase-Escalante national monuments, saying the litigation is trying to turn the monuments into "de facto national parks.”

  • December 13, 2018

    Ky. Court Voids Changes To State Workers' Pension Plans

    The Supreme Court of Kentucky on Thursday affirmed a lower court’s decision to void a controversial state pension law because the bill’s last-minute passage flouted the Kentucky Constitution’s requirement for legislation to receive three readings in each chamber before a vote.

  • December 13, 2018

    Udall To Remain Top Dem On Senate Indian Affairs Committee

    Senate Democratic leadership announced Wednesday that Sen. Tom Udall, D-N.M., will continue to help lead the U.S. Senate Committee on Indian Affairs in the 116th Congress.

  • December 13, 2018

    Senate Votes To End US Involvement In Yemen War

    The U.S. Senate voted on a resolution to end aid to Saudi Arabia in its attacks in the Yemeni civil war Thursday as part of an effort to roll back cooperation between the United States and the kingdom.

  • December 13, 2018

    IRS Will Fight Transfer Pricing, Even If It Loses, Official Says

    The Internal Revenue Service will continue to litigate transfer pricing cases as a way to drive compliance regardless of how courts rule in the disputes, the agency’s top official said Thursday.

  • December 13, 2018

    Graham Says Go Straight To Barr Exam, Skip Whitaker

    The Senate Judiciary Committee's incoming chairman said this week he might not call acting Attorney General Matthew Whitaker for an oversight hearing, to mixed reactions from Democrats already preparing to question Trump's permanent choice for the post.

Expert Analysis

  • Modernizing The Variable Contract Disclosure Regime

    Steve.Roth_print (1).jpg

    A new proposal by the U.S. Securities and Exchange Commission represents a major step forward in updating the disclosure and delivery requirements imposed on the variable insurance products industry. Embracing the new regime, however, will take some work and is not without certain challenges, say attorneys with Eversheds Sutherland.

  • Texas Employers Take Notice: Proposed Bills For 2019

    Felix Digilov

    Many of the bills submitted at the end of the Texas Legislature's last session for consideration next year affect the workplace and carry the potential to significantly alter the landscape for employers and their employees, says Felix Digilov of Fisher Phillips.

  • Prudential Framework For Large Banks Is Set To Change

    Satish Kini

    The Federal Reserve Board recently issued two proposals that represent a significant change in the prudential regulation of large banking organizations. Attorneys with Debevoise & Plimpton LLP examine the notable aspects of the new framework.

  • A New, Focused Regulatory Agenda For The SEC

    Richard Marshall

    The U.S. Securities and Exchange Commission's regulatory agenda for the coming year — announced last week — is not excessively long, which means Chairman Jay Clayton takes it seriously and intends to act on it, says Richard Marshall of Katten Muchin Rosenman LLP.

  • A Review Of US Economic Sanctions In 2018

    Ama Adams

    In 2018, the U.S. government strengthened sanctions targeting Iran, Russia and Venezuela, sanctioned an agency of the Chinese government and completed the second largest sanctions-related enforcement action on record. And the evidence suggests 2019 will be equally tumultuous, say attorneys with Ropes & Gray LLP.

  • Justices Hard To Read In Key Social Security Procedure Case

    Bill Nolan

    A case of great importance to advocates for Social Security claimants, Biestek v. Berryhill seems straightforward in one sense, but the range of questions at oral arguments before the U.S. Supreme Court suggest it may not be, says Bill Nolan of Barnes & Thornburg LLP.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • How To Help Realize A Tax Equity Market For Carbon Capture

    Hunter Johnston

    In February, Congress amended Internal Revenue Code Section 45Q, creating a tax equity market that supports investment in carbon capture and storage projects. Additional guidance, like that proposed by the Carbon Capture Coalition, is needed in a number of key subject areas to unlock this market, says Hunter Johnston of Steptoe & Johnson LLP.

  • Sanctions Screening Lessons From OFAC Cobham Settlement

    Roberto Gonzalez

    Last month, the Office of Foreign Assets Control announced a settlement with Cobham Holdings over shipments of goods to a Russian entity. The violations, apparently caused by deficient screening software, may signal heightened compliance expectations, say Roberto Gonzalez and Rachel Fiorill of Paul Weiss Rifkind Wharton & Garrison LLP.

  • 2018 In Review: Significant White Collar Developments At DOJ

    Jason Jones

    As the year comes to a close, attorneys at King & Spalding LLP look back at a few of the most notable developments at the U.S. Department of Justice, including corporate monitor guidance, a False Claims Act policy shift, foreign exchange prosecutions, cryptocurrency fraud and international cooperation developments.