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Public Policy

  • September 20, 2018

    Immigration Bill Roundup: Family Detention, Tracking Kids

    Senators introduced bills this week aimed at keeping families together in detention and ensuring the Department of Health and Human Services keeps tabs on unaccompanied migrant children released from custody to sponsors. Here, we take a look at their proposals.

  • September 20, 2018

    Energy Storage Must Fully Reap Tax Credit, Sens. Say

    Sens. Michael Bennet, D-Colo., and Tim Scott, R-S.C., on Thursday pressed Secretary of Treasury Steve Mnuchin to confirm that energy storage technologies qualify for the federal investment tax credit when used to retrofit existing solar projects and other technologies receiving the ITC.

  • September 20, 2018

    White House Cyber Plan Calls For Deterrence, Legal Revamp

    The White House warned Thursday that it would authorize offensive cybersecurity operations and "modernize" federal computer crime laws as part of a new national cybersecurity strategy.

  • September 20, 2018

    Mont., Wyo. Defend DOI Order Lifting Coal Leasing Ban

    Wyoming and Montana teamed up Wednesday in Montana federal court to oppose suits challenging an order from the secretary of the U.S. Department of the Interior lifting a moratorium on federal coal leasing, arguing the secretary is validly exercising administrative discretion to implement President Donald Trump’s policy goals.

  • September 20, 2018

    AT&T-Time Warner Ruling Was Correct, DC Circ. Told

    AT&T told the D.C. Circuit on Thursday that a lower court correctly ruled that the U.S. Department of Justice did not demonstrate how its $85.4 billion purchase of Time Warner Inc. would increase wholesale prices for distributors and retail rates for consumers.

  • September 20, 2018

    DC Bill Bets On Sports Gambling To Fund Child Care, Arts

    A Washington, D.C., council member has introduced a bill to legalize sports betting in the nation’s capital, wagering that an influx of gambling tax revenue would help fund early-childhood care and humanities initiatives throughout the district.

  • September 20, 2018

    Chicago Alderman Sets Date To Plead To Bribery Charges

    A Chicago alderman charged with accepting bribes and using a ward bank account as a personal piggy bank plans to plead guilty at the end of November, according to a judge’s order entered Thursday.

  • September 20, 2018

    Creek Reservation Survived Okla. Statehood, Justices Told

    A Muscogee (Creek) Nation citizen has urged the U.S. Supreme Court to uphold a Tenth Circuit decision nixing his murder conviction in state court on the grounds that the killing took place within the tribe’s reservation boundaries, saying the reservation wasn’t eliminated even when Oklahoma became a state.

  • September 20, 2018

    Wis. Can't Bar Sex-Reassignment Coverage For State Workers

    A Wisconsin federal judge has found that the state's decision to exclude gender reassignment-related procedures from state employees' health insurance coverage flouts federal law, handing a win to two transgender women who brought the case.

  • September 20, 2018

    DOT Says Hazmat Regs Override Calif. Trucker Break Rules

    The U.S. Department of Transportation determined Thursday that federal law preempts California's meal and rest break requirements for all motor vehicle operators transporting hazardous materials, granting a request from a trucking group to harmonize what it viewed as inconsistent regulations.

  • September 20, 2018

    Opioid Bill Lacks Funding To Make Lasting Impact

    A bill passed by the Senate this week to address the national opioid crisis proposes worthwhile initiatives such as packaging and shipping restrictions on certain drugs, but experts say billions of dollars more in federal funding is needed to stem the epidemic.

  • September 20, 2018

    VA Accused Of Defying Court Order On Gov't Union Activity

    The U.S. Department of Veterans Affairs is violating a D.C. federal judge's decision to partially block an executive order that made it harder for federal workers to spend work time on union business, an American Federation of Government Employees local said Wednesday.

  • September 20, 2018

    Cuomo's Former Right-Hand Man Gets 6 Years For Bribery

    A Manhattan federal judge hit Joe Percoco, New York Gov. Andrew Cuomo's former top aide, with a six-year prison term Thursday for taking bribes in exchange for helping allies in the energy and real estate sectors with state projects, telling the defendant his actions were "corrosive" to the workings of government.

  • September 20, 2018

    Trump Slams $857B Defense Bill Over Lack Of Border Funds

    President Donald Trump on Thursday threw a potential spanner in the works for a pending $857 billion bill to fund federal defense, labor and health spending for 2019, slamming lawmakers for failing to include funding for his signature border wall project.

  • September 20, 2018

    China Tariffs Undercut 5G Rollout, FCC's Rosenworcel Says

    Newly announced tariffs on Chinese products will seriously undercut the rollout of cutting-edge 5G mobile services, Federal Communications Commissioner Jessica Rosenworcel told a Washington, D.C., audience Thursday.

  • September 19, 2018

    Fla. Enviros Want Order Freeing Land Buying Funds Enforced

    Environmental groups that won a state court judgment in June finding Florida misspent hundreds of millions of dollars in conservation land acquisition funds asked the Tallahassee circuit court Wednesday to lift a stay on the judgment while the state appeals.

  • September 19, 2018

    Kavanaugh Assault Hearing Could Devolve Into Chaos

    The Senate Judiciary Committee's hearing on the sexual misconduct allegations against D.C. Circuit Judge and U.S. Supreme Court nominee Brett Kavanaugh will have the trappings of a trial but lack a court proceeding's rules.

  • September 19, 2018

    Deportation Surge Feared After Sessions' Immigration Ruling

    U.S. Attorney General Jeff Sessions' Tuesday decision mostly revoking immigration judges' power to dismiss or terminate removal proceedings undercuts their discretionary powers and accelerates deportations, according to attorneys.

  • September 19, 2018

    Gorsuch Was The Least Responsive Nominee In Decades

    New research has concluded that U.S. Supreme Court Justice Neil Gorsuch was less responsive to questions during his confirmation hearings than any justice since 1968 and departed significantly from the so-called Ginsburg Rule, with the study's authors saying Judge Brett Kavanaugh is likely in the same vein.

  • September 19, 2018

    Trump Methane Rollbacks Hand Regulatory Reins To States

    The rollback of Obama-era restrictions on venting and flaring from gas wells on federal and tribal lands is the latest sign the Trump administration intends to hand off the job of regulating methane emissions to states, some of which are expected to be lax while others may craft more stringent methane rules, experts say.

Expert Analysis

  • Series

    Navigating NLRB: A New Era For Joint Employment?

    Peter Kirsanow

    While the National Labor Relations Board’s Browning-Ferris decision is currently the standard upon which joint employer analysis rests, as a number of independent challenges to its vitality loom — including the board's recently announced draft rule — its reign may be short-lived, says Peter Kirsanow, former member of the NLRB and partner at Benesch Friedlander Coplan & Aronoff LLP.

  • Update On Calif. Immigrant Worker Protection Act

    Jesse Cripps

    A California federal court recently forbade California and its officials from enforcing several portions of the state's Immigrant Worker Protection Act. While private employers in the state will not be subject to many of the requirements of the law for the time being, the fight over it is likely to proceed, say Jesse Cripps and Ryan Stewart of Gibson Dunn & Crutcher LLP.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Series

    Navigating NLRB: Attacking Instability With APA Rulemaking

    Ronald Meisburg

    In the first article of this Expert Analysis special series, Ronald Meisburg, former member and general counsel of the National Labor Relations Board and special counsel at Hunton Andrews Kurth LLP, examines why the time may be ripe to use the Administrative Procedure Act to advance rulemaking petitions with the NLRB in order to bring more stability and predictability to the agency's law.

  • Surveying The Cannabis Patent Litigation Landscape

    Tryn Stimart

    As the cannabis market continues to grow, patent infringement suits will abound contingent on federal legalization. Some in the industry worry that many current cannabis patent claims are overbroad, but the availability of post-grant proceedings may provide a solution, say Tryn Stimart and Jean Dassie of Gibbons PC.

  • Post-Florence Insurance Considerations For The Carolinas

    Patrick Aul

    In 2016, Hurricane Matthew was an extraordinary event that caused the Carolinas' departments of insurance to provide additional safeguards for insureds. The impact of Hurricane Florence will likely compel North and South Carolina to take the same actions again, say Patrick Aul and Stephen Pate of Cozen O'Connor.

  • Congressional Forecast: September

    Layth Elhassani

    The House and Senate are entering their respective final runs before the November midterm elections. The most pressing items of business are funding the government and the pending Senate confirmation of Brett Kavanaugh to the U.S. Supreme Court. But several lower-profile issues remain as well — including a Republican push for further tax reform, says Layth Elhassani of Covington & Burling LLP.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Opinion

    Dockless Scooter Cos. Rewarded For Bad Behavior

    Tamara Kurtzman

    The proliferation of dockless scooters throughout the U.S. has given life to the slogan “move fast and break things” in a way that even the slogan’s progenitor, Facebook, never imagined. And it will be an uphill battle for riders to recover from either the rental companies or cities in the event of injury, says Tamara Kurtzman of TMK Attorneys PC.

  • Opinion

    AG Speech To Immigration Judges Endangers Due Process

    Kevin Curnin

    In a recent address to new immigration judges, Attorney General Jeff Sessions’ real message was plain: We made you judges not to apply law to facts neutrally, but to help this administration deal with an immigration problem. It is wrong for him to attempt to directly influence any judge to follow the administration’s political script, says Kevin Curnin of Stroock & Stroock & Lavan LLP.